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   [image: The Butcher, The Brewer, & The
Baker]<http://cl.exct.net/?qs=0e17dc20414d54af9131ab8eaacac3411e138d67d0d3a1ae34f9cfc94f69b952>

*Judicial Abdication vs. Judicial Engagement*
Is the Supreme Court shirking its obligation to uphold the Constitution?



*Clark M. Neily III
<http://cl.exct.net/?qs=0e17dc20414d54af95cb471e7e742bf6215097b6a095ac4dba13d58048d6641a>
Senior Attorney, Institute for Justice Author, "Terms of Engagement: How
Our Courts Should Enforce the Constitution's Promise of Limited Government
<http://cl.exct.net/?qs=0e17dc20414d54af113247e59253bd38dc89035386853fbf2a91870151e5a3b0>"*

*Wednesday, November 13*

Minuteman Memorial Building
One Constitution Avenue, NE - Washington, DC
20002-5655<http://cl.exct.net/?qs=0e17dc20414d54af11f0a64de832c514e50de02a8b1192e7c769882be07ea1ad>

*6:30 PM*
Guest Arrival

*6:45 PM*
Remarks and Q&A
Remarks to be followed by drinks and hors d'oeuvres

*RSVP*<http://cl.exct.net/?qs=0e17dc20414d54af0cbd79fd41a1365a5fbc706c18e8628054ec903c6b0761b4>

The first *100 *attendees will each receive a copy of Neily's book.
------------------------------

Supreme Court Justice Louis Brandeis once remarked that "the reason why the
public thinks so much of the Justices is that they are almost the only
people in Washington who do their own work." However, according to Clark M.
Neily III, judges at all levels might still be doing their own work, but
are abdicating their responsibility, as James Madison put it, to serve as
an "impenetrable bulwark against every assumption of power in the
legislative or executive."

Neily argues that the judiciary's knee-jerk deference to the other branches
has resulted in an explosion in the size, cost, and intrusiveness of
government. In any given year, the Supreme Court strikes down just three of
the five thousand laws passed by federal and state governments.
Unfortunately, this reflexive restraint toward other branches led to the
Affordable Care Act being upheld last year and the approval of eminent
domain for economic development purposes in *Kelo v. City of New London*(2005).

Neily has spent his career fighting against the unconstitutional expansion
of government and a more properly engaged judiciary. He is the director of
the Institute for Justice's Center for Judicial
Engagement<http://cl.exct.net/?qs=0e17dc20414d54af7a055875e6fa5cdf1409b88c813fc9683cf1e8f306038fad>,
and he served as co-counsel for the plaintiffs in the watershed Second
Amendment case, *District of Columbia v. Heller*.

------------------------------

*Terms of Engagement has received enthusiastic accolades from
constitutional scholars and leading luminaries of the limited government
movement:*

"Clark Neily's elegant essay slays the idea that 'judicial restraint' is
always a virtue. It often amounts to judicial abdication. Neily explains
that judges must judge to defend the rights that government exists to
secure."
- *George F. Will, political commentator*

"Through the use of compelling real-world cases and remarkably clear,
accessible and accurate explanations of current law, Clark Neily exposes
the legal charade by which, in the name of 'restraint,' judges have stacked
the deck in favor of those who use laws and regulations to line their own
pockets. Required reading for all who care about their liberties and the
Constitution that is supposed to protect them."
- *Randy Barnett, Professor at Georgetown Law School*

"Provocative yet fair-minded, this book is essential reading for anyone who
cares about our courts, our Constitution, or our country."
- *Kermit Roosevelt, Professor at the University of Pennsylvania Law School*

"Clark Neily weaves constitutional analysis with anecdotes in service of
large principle. His basic principle is that a squishy policy of judicial
deference disserves his clients, the public at large, and the critical role
of judicial oversight in a democracy. He is right on all counts. A great
read for lawyers and nonlawyers interested in the real-world consequences
of judicial decision making."
- *Richard Epstein, Professor at the New York University School of Law*

The Charles Koch Institute is a 501(c)(3) educational organization that
gives professionals and students opportunities to turn their passion for
economic freedom into careers through professional education programs.
These opportunities include the Koch Internship Program, the Koch Associate
Program, and Liberty@Work®. The Charles Koch Institute admits students of
any race, color, and national or ethnic origin. For more information on
these programs visit
www.CharlesKochInstitute.org<http://cl.exct.net/?qs=0e17dc20414d54af9131ab8eaacac3411e138d67d0d3a1ae34f9cfc94f69b952>
.

____________________________________________

*Charles Koch Institute*
1515 N. Courthouse Road, Suite 200 Arlington, VA, 22201, US

Update 
Profile<http://cl.exct.net/?qs=0e17dc20414d54af5aed5c5c4594fd03c4c2e1fe1381d81054d59370f43e5849>

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