Terms of Engagement

How Our Courts Should Enforce the Constitution's Promise of Limited Government

Nonfiction, Reference & Language, Law, Courts, Constitutional, Social & Cultural Studies, Political Science, Government
Cover of the book Terms of Engagement by Clark M. Neily III, Encounter Books
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Clark M. Neily III ISBN: 9781594036972
Publisher: Encounter Books Publication: October 8, 2013
Imprint: Encounter Books Language: English
Author: Clark M. Neily III
ISBN: 9781594036972
Publisher: Encounter Books
Publication: October 8, 2013
Imprint: Encounter Books
Language: English
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, as the Supreme Court did in upholding the Affordable Care Act, which represented the largest-and most blatantly unconstitutional-expansion of federal power since the New Deal.

The problem lies not with the Constitution, but with courts’ failure to properly enforce it. 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. The source of this error lies in the mistaken belief on both the left and the right that the leading constitutional value is majority rule and the chief judicial virtue is reflexive deference to other branches of government. This has resulted in a system where courts actually judge the constitutionality of government action in the handful of cases they happen to care about, while merely pretending to judge in others.

The result has been judicial abdication, removing courts from their essential role in the system of checks and balances so carefully crafted by our Founders. This book argues that principled judicial engagement-real judging in all cases with no exceptions-provides the path back to constitutionally limited government.
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
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, as the Supreme Court did in upholding the Affordable Care Act, which represented the largest-and most blatantly unconstitutional-expansion of federal power since the New Deal.

The problem lies not with the Constitution, but with courts’ failure to properly enforce it. 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. The source of this error lies in the mistaken belief on both the left and the right that the leading constitutional value is majority rule and the chief judicial virtue is reflexive deference to other branches of government. This has resulted in a system where courts actually judge the constitutionality of government action in the handful of cases they happen to care about, while merely pretending to judge in others.

The result has been judicial abdication, removing courts from their essential role in the system of checks and balances so carefully crafted by our Founders. This book argues that principled judicial engagement-real judging in all cases with no exceptions-provides the path back to constitutionally limited government.

More books from Encounter Books

Cover of the book The Challenge of Modernizing Islam by Clark M. Neily III
Cover of the book The Jewish Odyssey of George Eliot by Clark M. Neily III
Cover of the book What Is Marriage? by Clark M. Neily III
Cover of the book Scorched Worth by Clark M. Neily III
Cover of the book A Rat Is a Pig Is a Dog Is a Boy by Clark M. Neily III
Cover of the book Vox Populi by Clark M. Neily III
Cover of the book Judicial Fortitude by Clark M. Neily III
Cover of the book The New Vichy Syndrome by Clark M. Neily III
Cover of the book Living the Call by Clark M. Neily III
Cover of the book The People of the Book by Clark M. Neily III
Cover of the book How the Obama Administration has Politicized Justice by Clark M. Neily III
Cover of the book Suicide of the West by Clark M. Neily III
Cover of the book Dancing with the Devil by Clark M. Neily III
Cover of the book Return to Winter by Clark M. Neily III
Cover of the book Who's Counting? by Clark M. Neily III
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy