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Institute for Justice's Clark Neily on Enforcing the Constitution
Clark Neily, attorney at the Institute for Justice and author of the new book, Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government, sits down to discuss what he describes as an ongoing pattern of "judicial abdication" in America. The judiciary, he says, was meant to stand as a bulwark against the tyranny of the majority, a defender of individual rights. Instead, it has become a mere enabler of legislators and government agencies. Neily argues that charges of "judicial activism" are overblown in a time when what's needed is greater "judicial engagement," or, a real grappling with the meaning of the Constitution and its application as a check on government power.