Saturday, October 05, 2013

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

A Book By This Subtitle

This is actually the subtitle of a recent book with the full title “Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government” published by Encounter Books. I personally like the subtitle better than the militaristic sounding main book title.

A Great Summary

The Cato Institute is having a book event with the authors on 10/8/2013, see here. The event description sums it up quite well (emphasis added):

“The Constitution was designed to limit government power and protect individuals from oppressive regulation and the tyranny of majorities. But those protections are meaningless if judges aren’t committed to enforcing them. America’s judges have largely abdicated that responsibility. Instead of judging the constitutionality of government action, courts too often simply rationalize it. The problem lies not with the Constitution but with courts’ reflexive deference to the other branches of government. From the abandonment of federalism to open disregard for property rights and economic freedom, the Supreme Court consistently protects power at the expense of liberty.”

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