Terms of engagement: how our courts should enforce the constitution's promise of limited government
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Argues that the Supreme Court has stopped upholding the ideal of limited government as percieved in the Constitution, thereby not protecting the majority of American citizens. Abstract: The Constitution was designed to limit government power and protect individuals from the tyranny of majorities and interest-group politics. But those protections are meaningless without judges who are fully committed to enforcing them, and America's judges have largely abdicated that responsibility. All too often, instead of judging the constitutio Read more... Content: Constitutional law for ordinary people -- How courts protect rights they care about -- Judicial abdication, part I: the rational basis test -- Judicial abdication, part II: a watered down constitution -- Judicial abdication, part III: liberty slaughtered -- Why do judges abdicate? -- The judicial activism bogeyman -- Judicial engagement : real judging in all constitutional cases -- Epilogue : from abdication to engagement.
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