Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed.
Produktdetaljer
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Henry Mark Holzer is professor emeritus at Brooklyn Law School. He lives in Albuquerque, New Mexico.<b>Reviews of the first edition:</b> “recommended”—<i>Catholic Library World</i>; “an eye-opening, must-read...important”—<i>www.theconservativevoice.com</i>; “definitive”—<i>FrontPage Magazine.com</i>; “provocative”—<i>The Law and Politics Book Review</i>; “captures all the essentials...indispensable...a magnificent work of scholarship...well-organized...thoroughly documented”—<i>Perspective</i>; “focuses exclusively on Thomas’ work on the Court, eschewing biographical details or pop psychoanalysis...a good reference work”—<i>Engage</i>; “offering fascinating insight on one of the Supreme Court’s most entertaining characters. This book is for anyone who would like to learn more about Clarence Thomas’ abridged opinions”—<i>Reference & Research Book News</i>. “Holzer’s accessible book recounts the story of a highly-principled, remarkably consistent justice who understands the importance of beginning interpretation of the Constitution from its language and the perspectives of those who wrote and ratified it.”—Professor Robert F. Turner, SJD, Co-Founder, Center for National Security, University of Virginia Law School.
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.
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