Challenging the Dogma of Deference: A Review of Terms of Engagement by Clark M. Neily III
30 Pages Posted: 6 Oct 2013 Last revised: 21 Jan 2014
Date Written: October 4, 2013
This review of Clark Neily's Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government, examines the theory of rational basis review, and argues that courts should be more vigilant -- and less deferential -- in enforcing constitutional boundaries against legislative overreaching.
Keywords: Judicial Restraint, Judicial Activism, Rational Basis Review, Lochner, Clark Neily, Judicial Review
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