Libertarianism and Legitimacy: A Reply to Huebert

It is obvious from his review of my book that J.H. Huebert holds me in genuine high esteem. This saddens him all the more for, in his view, I have squandered my talents on so unworthy a topic as Restoring the Lost Constitution: The Presumption of Liberty, which he characterizes as “an unfortunate waste of talent for a powerful mind such as Randy Barnett’s”. While there is much that I disagree with in Huebert’s review, in this Reply I will focus on one crucial respect in which he misunderstands my thesis. This concerns the concept of constitutional legitimacy I develop and defend in my book.

Volume 19, Number 4 (2005)