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The Supreme Court Opinions of Clarence Thomas, 1991-2006: A Conservative's Perspective

Overview

In his years as an associate justice of the Supreme Court, Clarence Thomas has written hundreds of opinions. Despite the availability of Thomas's eloquent and thoughtful words for Americans to examine, much of the public still bases its opinion of Thomas on the words of the American media. Widespread, uncritical acceptance of glib assumptions has greatly distorted perceptions of the record and even the character of this formidable justice. This book offers readers the opportunity to consider the real Clarence ...

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Overview

In his years as an associate justice of the Supreme Court, Clarence Thomas has written hundreds of opinions. Despite the availability of Thomas's eloquent and thoughtful words for Americans to examine, much of the public still bases its opinion of Thomas on the words of the American media. Widespread, uncritical acceptance of glib assumptions has greatly distorted perceptions of the record and even the character of this formidable justice. This book offers readers the opportunity to consider the real Clarence Thomas. It analyzes his most important majority, concurring, and dissenting opinions from 1991 through 2006. The author argues that Thomas's opinions reveal a consistent adherence to the principles of federalism, separation of powers, limited judicial review, and regard for individual rights as contemplated by the framers of the Constitution.

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Editorial Reviews

Catholic Library World
Recommended
FrontPage Magazine.com
Definitive
www.theconservativevoice.com
An eye-opening, must-read...important
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Product Details

  • ISBN-13: 9780786449125
  • Publisher: McFarland & Company, Incorporated Publishers
  • Publication date: 8/27/2010
  • Series: Social Sciences/Criminal Justice
  • Pages: 232
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.70 (d)

Meet the Author

Henry Mark Holzer is a professor emeritus at Brooklyn Law School.

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Table of Contents


Acknowledgments     vii
Introduction     1
"We the People": The Constitution of the United States     9
"Further declaratory and restrictive clauses": The Bill of Rights     17
"Shall be vested in": Separation of Powers     23
"The powers not delegated": Federalism     36
Tenth Amendment     36
Commerce Clause     40
Necessary and Proper Clause     43
"One supreme Court": Judicial Review     51
Judicial Restraint     51
Statutory Interpretation     60
Stare Decisis     64
Thomas and Scalia     67
"Congress shall make no law": First Amendment     69
Establishment of Religion     69
Free Exercise of Religion     75
Freedom of Speech     76
Right of Association     93
"Other enumerated rights": Fourth, Fifth, Sixth, and Eighth Amendments     96
Fourth Amendment     97
Fifth Amendment     100
Sixth Amendment     107
Eighth Amendment     111
"No State shall": Fourteenth Amendment     122
Privileges or Immunities     122
Due Process of Law     125
Equal Protection of the Law     140
Conclusion     151
Chapter Notes     159
Opinions of Justice Thomas     193
Statutory Interpretation Opinions of Justice Thomas     209
Index     219
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