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It's a wonky issue but one close to many conservatives' hearts: judicial activism.

Sen. Rand Paul, R- Kentucky, is breaking with many in his party by challenging conservatives who call judicial restraint a sacrosanct conservative mantra. At a conservative conference on Tuesday, the potential GOP presidential candidate said that activism - sometimes - isn't a dirty word.

"It's is not as simple as we make it sound," Paul said of the issue at a conservative conference hosted by Heritage Action Tuesday.

Paul -- who has also made a point of prodding traditional GOP maxims about criminal justice and foreign policy - pointed to the Supreme Court's recent decision on the Affordable Care Act as an instance of restraint gone wrong.

"My point is not to convert you from judicial restraint to judicial activism but to think about it" the potential 2016 presidential candidate added. "I don't want judges writing laws either, but do I want judges to protect my freedom? Do I want judges to take an activist role to preserve liberty?"

At the same conference one day earlier, Sen. Ted Cruz of Texas, Paul's Senate colleague and potential 2016 challenger, insisted that Republicans must insist on restrained judges.

"I'm looking forward to seeing finally some real scrutiny to prevent judicial activists from being put on the bench who will impose their own radical agenda, including sadly the judicial activism we have seen in recent months with courts effectively striking down the marriage laws in 36 states," Cruz told the small auditorium of conservative activists.

While the issue seems mundane and boring, it could come to a head during the next president's term - if not in the next two years - as the Supreme Court is likely to have an opening.

While judicial restraint is a philosophy first adopted by liberals in the early 1900s, lawmakers on both sides of the aisle have used the term to their advantage.

In recent years, conservatives have been more aggressive on pushing judges who follow a strict and literal interpretation of the Constitution as opposed to "activist" judges who they say favor personal beliefs over the law. The idea was championed by the late Robert Bork, a conservative judge who failed to be confirmed by the Senate for the Supreme Court in the 1980s.

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Rand Paul Challenges Conservatives, Cruz

TIME Politics 2016 Election Sen. Rand Paul (R-KY) speaks to an audience of supporters of Georgia Senate candidate David Perdue during a campaign stop in McDonough, Ga. on Oct. 24, 2014. Jessica McGowanGetty Images

Hes not officially running for president yet, but thats not stopping Kentucky Sen. Rand Paul from taking a few shots at his presumptive competition in the Republican primary.

The latest target: former presidential nominee Mitt Romney. And as hes done with other potential rivals, Paul argued that Romney simply cant win.

In an interview with Fox News Radio Monday, Paul said that Romney was a good person and a great businessman, but politically speaking he argued hes yesterdays news.

Hes tried twice I dont really think that there is a third time out there, he said. I think he did a lot of things right, but in the end you got to have a bigger constituency, you got to get new people, you got to attract new people to win and I think its time that probably the party is going to be looking for something fresh and new.

Paul has also taken aim at other potential presidential candidates, using similarly pragmatic language.

In December, he argued on Fox News that former Florida Gov. Jeb Bush was out of practice. Hes been out of this for a while, he said. So maybe he needs to get back in and practice up a bit.

In November, he argued on CBS Face the Nation that New Jersey Gov. Chris Christie had the wrong attitude. I think this sort of bully demeanor may go over well in certain places, he said, adding that he learned to be more polite growing up in the South.

In a more indirect way, Paul has also criticized his opponents by arguing that they are out of step with public opinion polls.

When criticizing Sen. Marco Rubios support for continuing the Cuban embargo, Paul cited an NPR poll that showed the majority of Cuban Americans back normalizing relations with the country. And in a midsummer back-and-forth with Texas Gov. Rick Perry, he noted that polls showed that most Americans are opposed to sending troops back to Iraqa position Perry has supported.

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Rand Paul Makes a Pragmatic Case Against Rivals

Sen. Rand Paul (R-Ky.) on Tuesday announced the hiring of a campaign manager for his likely 2016 presidential bid, part of an aggressive effort to build a national political team as the race for the White House heats up.

The hiring of strategist Chip Englander, who recently guided a gubernatorial candidate to victory in Illinois, marks a clear step forward for the Kentucky Republican as he prepares to transform his cadre of loyalists into a full-scale campaign.

Doug Stafford, Pauls longtime confidant, will remain as his chief political adviser. In an interview Tuesday, Stafford said he will rely on Englander for the day-to-day execution of Pauls operation.

The move underscores Paul's unorthodox approach to presidential politics and his expected candidacy, with plans to put an emphasis on outreach to the poor and younger voters while also courting conservative activists in early-primary states.

In an interview Tuesday, Englander argued that Pauls unconventional positions would lay the foundation for a potent Republican coalition. Paul has articulated mostly non-interventionist views on foreign policy, while taking hardline stances against tax hikes and President Obamas health-care law domestically.

America has intractable problems and its going to take a transformational leader to fix them, Englander said. Senator Paul is going to be the bold, transformational figure in this race.

The hiring of Englander comes as former Florida governor Jeb Bush and former Massachusetts governor Mitt Romney are moving closer to launching their own 2016 campaigns and connecting with donors and Republican officials.

Rather than bringing on a consultant well-known in Washington or one with ties to his father, former Texas congressman Ron Paul, the Kentucky Republican has enlisted a youthful outsider to coordinate his efforts.

Englander, 33, who spent much of his early career working in California politics, last year managed Republican Bruce Rauners campaign for governor in Illinois, guiding the wealthy businessman through a competitive primary and then to a decisive win in the general election - in part by outpacing Democrats in some urban areas and steering clear of hot-button social issues.

Stafford cited the work of Englander in helping Rauner win a blue state where Republicans have had scattered success as a key reason why Rand Paul settled on him. He also focused on Englander's management of Rauner's sprawling network of volunteers and a campaign budget of nearly $70 million.

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Rand Paul announces campaign manager for likely 2016 campaign

Sen. Rand Paul (R.,Ky.), setting out on a three-state campaign style swing as 2016 maneuvering intensifies, has hired a senioradviserwho will be his campaign manager if he decides to launch a White House bid.

Mr. Paul has tapped for his political team GOP strategist Chip Englander, who had managed the successful 2014 campaign of Republican Bruce Rauner for governor of Illinois one of the biggest upsets in the GOP midterm election sweep of the nation.

The hire, which was first reported in the Washington Post and confirmed by a Paul aide, is the latest in a series of campaign operatives hired by Mr. Paul to build out his inner circle of close advisers such as senior strategist Doug Stafford.

His three-state tour starts Wednesday in New Hampshire, host of the first presidential primary. There Mr. Paul will meet with gun-rights supporters, opponents of Common Core, the national education standards opposed by many conservatives, and other activists before travelling to Arizona and Nevada for further meetings.

In leading Mr. Rauners campaign organization, Mr. Englander helped the GOP seize one of its biggest trophies of the 2014 midterm election. Illinois was one of three Democratic leaning states, along with Massachusetts and Maryland, where Republicans unexpectedly picked up governors seats.

That is the kind of party-broadening effort Mr. Paul is hoping to engineer in his own national campaign, as he has tried to reach out to African Americans and young voters and other groups that have traditionally been out of reach for the GOP.

Mr. Paul has said he wont decide until the spring whether to launch a presidential campaign, but he is moving aggressively to put in place the staff and structure he will need if he makes a go of it.

Of Mr. Englanders hiring, Mr. Paul said in a written statement, His management of Governor Rauners successful race last year highlights his strengths: precise and strategic management of massive, grassroots-driven operations.

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