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.