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For judges: Throw the flag

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Disabusing the Republican Party of a cherished dogma, thereby requiring it to forgo a favorite rhetorical trope, will not win Clark M. Neily III the gratitude of conservatives who relish denouncing “judicial activism.” He, however, and his colleagues at the libertarian Institute for Justice believe America would be more just if judges were less deferential to legislatures.

In “Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government,” Neily says America is not “a fundamentally majoritarian…

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