Terms of Engagement

Anyone concerned about the size of government, the sanctity of the Constitution, and the rule of law will find a refreshingly new perspective in this book written for non-lawyers and lawyers alike.

Terms of Engagement

Government at every level is too big, too powerful, and too intrusive. But don’t blame just legislators and members of the executive branch for constantly overstepping their constitutional bounds. As Clark Neily argues in The Terms of Engagement, judges have more than their fair share of the blame. While liberals seek court rulings creating positive rights to things like free health care and conservatives call for judicial “restraint,” the end result is same: greater government power and diminished individual rights. With compelling real-world examples and penetrating legal analysis, Neily’s book shows how judicial abdication brought us to this point and calls for “judicial engagement” to restore courts as the critical check on the other branches of government envisioned by the Framers. Neily documents how courts have largely abandoned that vital role, and he offers a persuasive solution for the epidemic of judicial abdication: principled judicial engagement whereby judges actually judge in all constitutional cases, rather than reflexively taking the government’s side as they so often do now. Anyone concerned about the size of government, the sanctity of the Constitution, and the rule of law will find a refreshingly new perspective in this book written for non-lawyers and lawyers alike.

More Books:

Terms of Engagement
Language: en
Pages: 219
Authors: Clark Neily
Categories: Law
Type: BOOK - Published: 2013-10-14 - Publisher: Encounter Books

Government at every level is too big, too powerful, and too intrusive. But don’t blame just legislators and members of the executive branch for constantly overstepping their constitutional bounds. As Clark Neily argues in The Terms of Engagement, judges have more than their fair share of the blame. While liberals
Terms of Engagement
Language: en
Pages: 232
Authors: Clark Neily III
Categories: Political Science
Type: BOOK - Published: 2013-10-08 - Publisher: Encounter Books

The Constitution was designed to limit government power and protect individuals from the tyranny of majorities and interest-group politics. But those protections are meaningless without judges who are fully committed to enforcing them, and America’s judges have largely abdicated that responsibility. All too often, instead of judging the constitutionality of
The Cycles of Constitutional Time
Language: en
Pages: 246
Authors: Jack M. Balkin
Categories: Law
Type: BOOK - Published: 2020-08-01 - Publisher: Oxford University Press

What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and
Who Decides?
Language: en
Pages: 496
Authors: Jeffrey S. Sutton
Categories: Law
Type: BOOK - Published: 2021-10-29 - Publisher: Oxford University Press

In Who Decides, Jeffrey S. Sutton makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in establishing the structure of our 51 American governments. An underappreciation of state constitutional law has
Restoring the Lost Constitution
Language: en
Pages: 448
Authors: Randy E. Barnett
Categories: Law
Type: BOOK - Published: 2013-11-24 - Publisher: Princeton University Press

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution