300 Colorado Street
- Clark Neily, Institute for Justice; and Author, Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government
Please join us for lunch to hear Clark Neily, with the Institute for Justice, discuss his new book: Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government.
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 government action, courts simply rationalize it. The problem lies not with the Constitution, but with courts’ failure to properly enforce it on the premise that the highest judicial virtue is reflexive deference to other branches of government. From the abandonment of federalism to open disregard for property rights and economic freedom, the Supreme Court consistently protects government prerogatives at the expense of liberty and the system of checks and balances so carefully crafted by our Founders. Terms of Engagement argues that principled judicial engagement—real judging in all cases with no exceptions—provides the path back to constitutionally limited government.