…with the US Constitution.
1.CNN regular Jeffrey Toobin describes Justice Thomas, succinctly:
“In several of the most important areas of constitutional law, Thomas has emerged as an intellectual leader of the Supreme Court. Since the arrival of Chief Justice John G. Roberts, Jr., in 2005, and Justice Samuel A. Alito, Jr., in 2006, the Court has moved to the right when it comes to the free-speech rights of corporations, the rights of gun owners, and, potentially, the powers of the federal government; in each of these areas, the majority has followed where Thomas has been leading for a decade or more. Rarely has a Supreme Court Justice enjoyed such broad or significant vindication.” http://blogs.the-american-interest....omas-and-the-amendment-of-doom/#ixzz1WXKBUI2I
And Partners
2. A perennial mistake that folks make is awarding an undeserved objectivity, trustworthiness and/or ability to make decisions for the entire public. Nowhere is this more evident that that awarded to politicians, economists, bureaucrats, weathermen…..and the Supreme Court Justices.
Nowhere in the Constitution, the ‘law of the land,’ is there a requirement to do any more than listen to the meanderings of nine unelected lawyers. The Congress, and the President, and, yes, any literate citizen, are all assumed to have the same ability to judge constitutionality.
Exhibiting the brilliance that the knowledgeable have recognized in Justice Thomas, he puts the Court, the Justices, and the Constitution in perspective.
3. “…Clarence Thomas’s eloquent summary of the core precept of his judicial philosophy: that stare decisis—the venerable doctrine that courts should respect precedent—deserves but a minor place in Supreme Court jurisprudence. [He] emphasizes that, in America’s system of government, the “Constitution, federal statutes, and treaties are the law.” That’s why justices and other governmental officers take an oath to “preserve, protect, and defend the Constitution of the United States”—not to safeguard judicial precedents.
“That the Constitution outranks other sources of law is inherent in its nature,” he writes. The job of a Supreme Court justice, therefore, “is modest: We interpret and apply written law to the facts of particular cases.”
Justice Thomas’s Credo
4. Everything changed when Progressives took over law schools. They taught law students a) that there was no natural law, nor unalienable rights, and b) that the Constitution is altered by case law. This meant American lawyers interpreting the Constitution via caselaw rather than through studying the Constitution itself.
The fact that Progressive villains…if that is not redundant…. Roscoe Pound and Christopher Columbus Langdell were able to subsume the Founders’ ideas and replace them with their own is bad enough.
But the myriad of law school grads who swallowed the idea that the Constitution bows to judge’s opinions documents their gullibility and fatuousness.
It is important that everyone know who Pound and Langdell were, and what they did to US jurisprudence....and I can reveal that.....
....next
1.CNN regular Jeffrey Toobin describes Justice Thomas, succinctly:
“In several of the most important areas of constitutional law, Thomas has emerged as an intellectual leader of the Supreme Court. Since the arrival of Chief Justice John G. Roberts, Jr., in 2005, and Justice Samuel A. Alito, Jr., in 2006, the Court has moved to the right when it comes to the free-speech rights of corporations, the rights of gun owners, and, potentially, the powers of the federal government; in each of these areas, the majority has followed where Thomas has been leading for a decade or more. Rarely has a Supreme Court Justice enjoyed such broad or significant vindication.” http://blogs.the-american-interest....omas-and-the-amendment-of-doom/#ixzz1WXKBUI2I
And Partners
2. A perennial mistake that folks make is awarding an undeserved objectivity, trustworthiness and/or ability to make decisions for the entire public. Nowhere is this more evident that that awarded to politicians, economists, bureaucrats, weathermen…..and the Supreme Court Justices.
Nowhere in the Constitution, the ‘law of the land,’ is there a requirement to do any more than listen to the meanderings of nine unelected lawyers. The Congress, and the President, and, yes, any literate citizen, are all assumed to have the same ability to judge constitutionality.
Exhibiting the brilliance that the knowledgeable have recognized in Justice Thomas, he puts the Court, the Justices, and the Constitution in perspective.
3. “…Clarence Thomas’s eloquent summary of the core precept of his judicial philosophy: that stare decisis—the venerable doctrine that courts should respect precedent—deserves but a minor place in Supreme Court jurisprudence. [He] emphasizes that, in America’s system of government, the “Constitution, federal statutes, and treaties are the law.” That’s why justices and other governmental officers take an oath to “preserve, protect, and defend the Constitution of the United States”—not to safeguard judicial precedents.
“That the Constitution outranks other sources of law is inherent in its nature,” he writes. The job of a Supreme Court justice, therefore, “is modest: We interpret and apply written law to the facts of particular cases.”
Justice Thomas’s Credo
4. Everything changed when Progressives took over law schools. They taught law students a) that there was no natural law, nor unalienable rights, and b) that the Constitution is altered by case law. This meant American lawyers interpreting the Constitution via caselaw rather than through studying the Constitution itself.
The fact that Progressive villains…if that is not redundant…. Roscoe Pound and Christopher Columbus Langdell were able to subsume the Founders’ ideas and replace them with their own is bad enough.
But the myriad of law school grads who swallowed the idea that the Constitution bows to judge’s opinions documents their gullibility and fatuousness.
It is important that everyone know who Pound and Langdell were, and what they did to US jurisprudence....and I can reveal that.....
....next
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