Bench Memos

Clark Neily’s Terms of Engagement—Part 1

Next Tuesday, October 8, at noon, the Cato Institute will host an event featuring the Institute for Justice’s Clark Neily as he discusses his new book, Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. I will be offering comments at the event, which will be moderated by Cato’s Roger Pilon.

I’m grateful to Clark and Roger for inviting me to take part, all the more so because they have ample reason to expect that I will have some basic disagreements with Clark’s assessment and proposal. Having now read Clark’s book, I can confirm that their expectation will be realized.

Clark’s general argument in his book is that his concepts of judicial engagement and judicial abdication capture the real debate over the proper role of the courts in constitutional interpretation. My position instead is that the virtue of judicial restraint and the opposing vices of judicial activism and judicial passivism frame the debate far better.

The differences between Clark’s approach and mine reflect some broader differences between what might be called the libertarian approach and the traditional conservative approach to judicial enforcement of the Constitution. In the hope that my critique of his book might therefore be of interest to Bench Memos readers, I will devote a handful of posts to it.

Most Popular

Film & TV

America’s Favorite Movie

For more than a decade, readers volunteering their ratings on the movie site IMDb have declared The Shawshank Redemption (1994) their favorite film of all time. (Number two is The Godfather). Unlike the unholy tablets that are the box office charts, which are strongly linked to marketing budgets and show a ... Read More
Film & TV

America’s Favorite Movie

For more than a decade, readers volunteering their ratings on the movie site IMDb have declared The Shawshank Redemption (1994) their favorite film of all time. (Number two is The Godfather). Unlike the unholy tablets that are the box office charts, which are strongly linked to marketing budgets and show a ... Read More
U.S.

Some Good News Going into the Weekend

It’s Friday -- although I know it’s getting harder and harder to tell these days. You deserve a respite from yesterday’s gloom. (If you’re hungry for more gloom, there’s always the most recent edition of The Editors podcast -- and thank you, dear readers, for checking on me.) Today’s newsletter ... Read More
U.S.

Some Good News Going into the Weekend

It’s Friday -- although I know it’s getting harder and harder to tell these days. You deserve a respite from yesterday’s gloom. (If you’re hungry for more gloom, there’s always the most recent edition of The Editors podcast -- and thank you, dear readers, for checking on me.) Today’s newsletter ... Read More
Politics & Policy

Welcome Back, Plastic Bags

Single-use plastic bags are a miracle of modern technology. Cheap, light, convenient, and ubiquitous, they provide an elegant solution to a problem. If you recycle them, as most people do, and put your rubbish in them, that creates a net reduction in carbon emissions compared with buying the heavier, thicker ... Read More
Politics & Policy

Welcome Back, Plastic Bags

Single-use plastic bags are a miracle of modern technology. Cheap, light, convenient, and ubiquitous, they provide an elegant solution to a problem. If you recycle them, as most people do, and put your rubbish in them, that creates a net reduction in carbon emissions compared with buying the heavier, thicker ... Read More
Science & Tech

The 41 Worst People You Meet on Twitter

Twitter, even more so than blogs, offered us the revolutionary promise of a virtual town square: You could hear from and engage with people from many walks of life, the prominent and the ordinary, in real time. You could read news as it breaks, debate the great issues of the day, and have fun. That promise ... Read More
Science & Tech

The 41 Worst People You Meet on Twitter

Twitter, even more so than blogs, offered us the revolutionary promise of a virtual town square: You could hear from and engage with people from many walks of life, the prominent and the ordinary, in real time. You could read news as it breaks, debate the great issues of the day, and have fun. That promise ... Read More