Full Description
In his twenty terms as an associate justice of the Supreme Court of the United States, Clarence Thomas has written nearly 450 opinions. Although they are readily available to the American people, much of the public continues to base its view of Thomas merely on the reporting by the media. This analysis of Thomas's most important majority, concurring, and dissenting opinions offers laypersons and legal professionals alike the opportunity to understand in his own words Thomas's approach to constitutional decision-making and his understanding of the most important provisions of the Constitution. Thomas's opinions, this work shows, reveal his consistent adherence to the core principles of federalism, separation of powers, and restrained judicial review, and to the regard for individual rights and limited government embodied by the Founders in the Constitution.
Contents
Table of Contents
ACKNOWLEDGMENTS
INTRODUCTION
1. "We the People": The Constitution of the United States
2. "Further declaratory and restrictive clauses": The Bill of Rights
3. "Shall be vested in": Separation of Powers
Sovereign Immunity
4. "The powers not delegated": Federalism
Supremacy Clause
Preemption
Tenth Amendment
Commerce Clause
Necessary and Proper Clause
5. "One supreme Court": Judicial Review
Original Jurisdiction
Judicial Restraint
Statutory Interpretation
Stare Decisis
Thomas and Scalia
6. "Congress shall make no law": First Amendment
Establishment of Religion
Free Exercise of Religion
Freedom of Speech
Right of Association
Right of Petition
7. "Other enumerated rights": Fourth, Fifth, Sixth, and Eighth Amendments
Fourth Amendment
Fifth Amendment
Sixth Amendment
Eighth Amendment
8. "No State shall": Fourteenth Amendment
Privileges or Immunities
Due Process of Law
Equal Protection of the Law
CONCLUSION
APPENDIX A. OPINIONS OF JUSTICE THOMAS
APPENDIX B. STATUTORY INTERPRETATION OPINIONS OF JUSTICE THOMAS
CHAPTER NOTES
INDEX
