The Supreme Court Opinions of Clarence Thomas, 1991–2011, 2d ed.
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About the Book
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.
About the Author(s)
Bibliographic Details
Henry Mark Holzer
Format: softcover (6 x 9)
Pages: 236
Bibliographic Info: appendices, notes, index
Copyright Date: 2012
pISBN: 978-0-7864-6334-3
eISBN: 978-0-7864-8975-6
Imprint: McFarland
Table of Contents
ACKNOWLEDGMENTS ix
INTRODUCTION 1
1. “We the People”: The Constitution of the United States 9
2. “Further declaratory and restrictive clauses”: The Bill of Rights 15
3. “Shall be vested in”: Separation of Powers 20
Sovereign Immunity 30
4. “The powers not delegated”: Federalism 32
Supremacy Clause 32
Preemption 34
Tenth Amendment 36
Commerce Clause 39
Necessary and Proper Clause 42
5. “One supreme Court”: Judicial Review 49
Original Jurisdiction 49
Judicial Restraint 51
Statutory Interpretation 59
Stare Decisis 63
Thomas and Scalia 65
6. “Congress shall make no law”: First Amendment 67
Establishment of Religion 67
Free Exercise of Religion 72
Freedom of Speech 73
Right of Association 92
Right of Petition 95
7. “Other enumerated rights”: Fourth, Fifth, Sixth, and Eighth Amendments 97
Fourth Amendment 98
Fifth Amendment 100
Sixth Amendment 108
Eighth Amendment 114
8. “No State shall”: Fourteenth Amendment 130
Privileges or Immunities 130
Due Process of Law 136
Equal Protection of the Law 149
CONCLUSION 157
APPENDIX A. OPINIONS OF JUSTICE THOMAS 163
APPENDIX B. STATUTORY INTERPRETATION OPINIONS OF JUSTICE THOMAS 179
CHAPTER NOTES 191
INDEX 221
Book Reviews & Awards
Reviews of the first edition: “recommended”—Catholic Library World; “an eye-opening, must-read…important”—www.theconservativevoice.com; “definitive”—FrontPage Magazine.com; “provocative”—The Law and Politics Book Review; “captures all the essentials…indispensable…a magnificent work of scholarship…well-organized…thoroughly documented”—Perspective; “focuses exclusively on Thomas’ work on the Court, eschewing biographical details or pop psychoanalysis…a good reference work”—Engage; “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”—Reference & Research Book News. “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.
