While Congress remains the main target of criticism for encroaching on constitutional rights through laws such as the Patriot Act, one lawyer is arguing that the judicial branch is a greater threat.

Randy Barnett, the Austin B. Fletcher Professor at the Boston University School of Law, spoke to students and Syracuse residents at Syracuse University’s College of Law about his belief that the U.S. Supreme Court has weakened the U.S. Constitution by blocking parts of the document and replacing the sections with other material.

‘There is a limitation on state power, meaning that no state shall make or enforce any law that takes away from any citizen’s rights,’ Barnett said at his speech at the College of Law.

Barnett’s lecture, entitled ‘Restoring the Lost Constitution: The Presumption of Liberty,’ discussed a variety of cases that involved Barnett’s view of the Supreme Court of placing parts of the Constitution together, and redacting certain sections in order to give the legislative body more constitutional power.

‘He wants Congress to stop taking apart the Constitution,’ said Susan Turnbaugh, a first-year law student, who attended the event. ‘And I think Congress has been butchering the Constitution just like in the cases he spoke about.’

One case, the Footnote Four, was the primary explanatory document of political and judicial authority in commerce, free speech and other areas, Barnett said. Footnote Four became famous during the U.S. Supreme Court trial of the United States v. Carolene Products Co.

‘There is a presumption of constitutionality, which means that all laws are constitutional,’ Barnett said. ‘And Footnote Four recognizes how presumption works with judicial review.’

Additionally, Barnett represents the Oakland Cannabis Cooperative in an action involving the right to use marijuana for medical purposes, according to SU News Services. His work with the OCC is reinforced by the belief in the right to life and the right to be free of pain and suffering.

Some of those in attendance shared the same opinion as Barnett for the medical use of marijuana.

‘He was showing how the Supreme Court expounded or took out parts of the Constitution as a limitation of the American people,’ said Josh Wu, a first-year law student, who attended the event. ‘The same protection that is given to speech should be given to all rightful acts.’

During a break in the speech, Barnett offered several pieces of advice for the first-year law students. He told them that when they enter the courtroom for the first time, it was natural to be scared, and that it would force them to be more prepared than if they were not nervous.

‘Being scared motivates yourself to do the work you would otherwise not have done,’ Barnett said.

Published on October 31, 2004 at 12:00 pm