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How Our Courts Should Enforce the Constitution's Promise of Limited Government

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A Gavel Resting On A Copy Of The US Constitution Terms Of Engagement: How Our Courts Should Enforce The Constitution S Promise Of Limited Government

Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government

by Clark M. Neily III

4.7 out of 5

Language	:	English
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The United States Constitution is a remarkable document that has served as the foundation of our nation for over two centuries. It is a testament to the wisdom of our Founding Fathers that the Constitution has been able to withstand the test of time and remain relevant to the challenges of the modern world. However, the Constitution is only as strong as the courts that enforce it.

In recent years, there has been a growing trend of judicial activism, in which judges have increasingly substituted their own personal preferences for the original meaning of the Constitution. This has led to a number of controversial decisions that have undermined the principles of limited government and individual liberty. For example, in the case of Roe v. Wade, the Supreme Court ruled that the Constitution protects a woman's right to an abortion. However, there is no mention of abortion in the Constitution, and the Court's decision was based on its own interpretation of the Due Process Clause of the Fourteenth Amendment.

Judicial activism is a dangerous trend that threatens the rule of law and the separation of powers. When judges make law from the bench, they are usurping the role of the legislature and violating the principle of checks and balances. This can lead to a tyranny of the judiciary, in which unelected judges are able to impose their own values on the rest of society.

The best way to protect the Constitution and the principles of limited government is to appoint judges who are committed to originalism. Originalism is a method of constitutional interpretation that seeks to determine the original meaning of the Constitution as it was understood by the Founding Fathers. By adhering to originalism, judges can avoid the temptation to impose their own personal preferences on the Constitution and can ensure that the Constitution remains a living document that is relevant to the challenges of the modern world.

In his new book, How Our Courts Should Enforce the Constitution's Promise of Limited Government, Judge Michael Luttig argues that originalism is the best way to protect the Constitution and the principles of limited government. Judge Luttig is a former judge on the United States Court of Appeals for the Fourth Circuit and is currently a visiting professor at the University of Virginia School of Law. He is a leading expert on constitutional law and has written extensively on the importance of originalism.

In his book, Judge Luttig provides a detailed and persuasive argument for originalism. He shows how originalism is based on the text of the Constitution itself and is supported by the history of constitutional interpretation. He also explains how originalism can help to protect the principles of limited government and individual liberty.

How Our Courts Should Enforce the Constitution's Promise of Limited Government is a must-read for anyone who is interested in constitutional law or who is concerned about the future of our nation. Judge Luttig's book is a powerful and persuasive argument for originalism and provides a roadmap for how we can restore the rule of law and protect the principles of limited government.

About the Author

Judge Michael Luttig is a former judge on the United States Court of Appeals for the Fourth Circuit and is currently a visiting professor at the University of Virginia School of Law. He is a leading expert on constitutional law and has written extensively on the importance of originalism. His book, How Our Courts Should Enforce the Constitution's Promise of Limited Government, is a must-read for anyone who is interested in constitutional law or who is concerned about the future of our nation.

Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government

by Clark M. Neily III

4.7 out of 5