Damon Root and Clark Neily Talk Judicial Activism, Fundamental Rights, and Suing the Government

In his new book Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government, Institute for Justice senior attorney Clark Neily makes the case for why judges should stop deferring to lawmakers and start “deciding cases on the basis of actual facts, without bent or bias in favor of government.” In an interview with Reason Senior Editor Damon Root, Neily explains why judicial activism is not a real problem, how Antonin Scalia misreads the Constitution, and why the courts have become a rubber-stamp for unconstitutional state actions.

GET REASON MAGAZINE

Get Reason's print or digital edition before it’s posted online

  • Video Game Nation: How gaming is making America freer – and more fun.
  • Matt Welch: How the left turned against free speech.
  • Nothing Left to Cut? Congress can’t live within their means.
  • And much more.

SUBSCRIBE

advertisement