Challenging the Dogma of Deference: A Review of Terms of Engagement by Clark M. Neily III

Abstract

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