In this episode, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his book, "Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government," which is published by Encounter Books. Neily begins by explaining how judges decided constitutional questions, and how they distinguish between different kinds of constitutional questions. He observes that some constitutional claims get real judicial review, and others get "fake" judicial review, under the "rational basis" test. He argues that the rational basis test is an abdication of judicial responsibility, and that it should be eliminated. Neily is on Twitter at @ConLawWarrior.

This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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