My Critique of “Judicial Engagement”
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, City Journal, and elsewhere, but my longest critique is set forth in an article, entitled “The Libertarian Constitutional Fantasy,” in the current issue of Modern Age. The article just went live. You can read it here.