About this time last year, the Manhattan Institute hosted a program featuring Clark Neily and me to discuss our respective views of the Constitution and the appropriate role of judges. You can watch a video of the program here.

I have objected to the libertarian theory of “judicial engagement” since I first heard it advanced by Clark Neily at a Federalist Society event where he was promoting his book, Terms of Engagement. I have debated Clark and written about his book in National Review, Law and Liberty, C…