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Clarence Thomas Conservatism

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Justice Clarence Thomas was nominated to be on the Supreme Court in 1991 and was described by Halliburton as “an honor that was to carry Clarence Thomas to the height of fame and to the brink of disaster” (13). As it pertains to his position on the court and how he functions in various cases he can be described by many words: conservative, originalist, even a textualist. These characteristics have influenced the interpretation of laws and the Constitution since the nineties unto today.
The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”("The Constitution of the United States," Amendment 4). As a Supreme Court …show more content…

This notion oftentimes can enable yet inhibit the system simultaneously, but nonetheless his ideologies have fallen on the side of conservatism. Halliburton noted in his book about Thomas’ life that “the fact that he is a conservative African American makes Thomas different and strangely alone” (88) and “is also the most closely watched” (88). Halliburton’s statements may or may not be true but the fact remains the same that his decisions and opinions on court cases are expected to be a reflection of his party affiliation especially when it comes to the interpretation of the constitution, particularly in this case the fourth amendment. Because of this Thomas must weigh party ideas with his own interpretation of the constitution which at points in his career caused opposition from other politicians mainly in instances when his interpretation seemed extreme and/or

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Though Wills undeniably does an excellent job recounting the never ending problems of Jefferson throughout the novel, his organization and jumping of one idea to the next leave much to desire. This jumping of one subject to the other might be in place to keep the reader alert and interested, it causes for a jumble of topics that at some points make it hard to grasp the main concepts. Another flaw of Wills is not so much of the ideas but of the direct quotes from his sources that at so points in the book can confuse readers with it wide vocabulary usage. His intricate quotations help not only in supporting his ideas but allow a small challenge to be undertaken. Wills’ uses an exceedingly varied group of sources that strengthen the credibility of his book as it helps reiterate his main arguments.

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258 Words | 2 Pages

John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

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819 Words | 4 Pages

The structure of the book has placed it at the top of the reading list for aspiring law students. It effectively maps out the Supreme Court’s ruling history and also the crucial turning point of progressing American civil liberties. Robert F. Kennedy commented on Gideon’s perseverance stating, “If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of

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616 Words | 3 Pages

One of the historical references he makes is quoting a section from the Declaration of Independence. He quotes the beginning of the Declaration of Independence when it mentions that “All men are created equal” and that men have unalienable rights, which are “life, liberty and the pursuit of happiness.” He tells Jefferson that the black men and women of America are not given these rights. They are not given the right to life because they are slaves. They are not given the right to liberty because they are slaves.

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64 Words | 1 Pages

"Therefore, Thomas Jefferson is not a hypocrite because he wants slavery to end and, he believes it 's a awful thing. When he wrote the declaration of independence he did not know african americans were capable of learning, but once he was exposed to it, his opinion changed. Jefferson want nothing more than to end slavery and he would do anything to make that

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503 Words | 3 Pages

He wrote his own opinion arguing that considering race in college admissions is prohibited by the Constitution’s guarantee of equal protection under law. Thomas even said that slaveholders once argued that slavery helped to civilize blacks, and that segregationist argued that separating students by

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240 Words | 1 Pages

Justice Hugo Black was a United States senator for 10 years and served one of the longest terms in Supreme Court history with thirty four years and one month in the court. As a senator, he was a strong supporter of President’s Roosevelt’s New Deal reformation, therefore leading to his nomination to the Supreme Court in 1937. Justice Black’s rise to the Supreme Court was met with outrage and controversy from the public and the media due to his previous affiliation with the Ku Klux Klan and consequently tainted his reputation nearly costing him his seat in the Supreme Court. However, he was also an advocate for rights of racial equality and a defender of the constitutional rights of the accused. His literal interpretation of the Constitution

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The importance of the Supreme Court increases as the Constitution considers proposing

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1026 Words | 5 Pages

There are certain figures in our culture that express how certain social factors influence their life. People mainly celebrities and politicians are worried about how the media portrays them and their views. News outlets all have directors and those directors can wish to present stories that support and push their own agendas, most notable is Fox news' accusation of supporting conservative ties and MSNBC's accusation of promoting liberal policy. One very prominent figure in America, that many news outlets discuss, is Supreme court judge Clarence Thomas. Clarence Thomas' views on issues such as affirmative action, his book My Grandfathers Son and other Supreme court rulings along with being an African-America (whom is also conservative) makes

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Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

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Consequently, judicial philosophy and political ideology are vital facets of Supreme Court Justice nomination

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460 Words | 2 Pages

Initially, the Third Note engaged the reader in a thought provoking discussion about the future and how American voting rights will need to change in order to accommodate the constitution. Madison’s note explicitly defined the term property and he outlined the how highly most governments regard land ownership. Madison set his sights on the future and saw the United States for what it would eventually become, and he reinforced the importance of a strong constitution that was prepared for changes in the future. Madison also provided a theoretical example of implementing a constitution that would be prepared for the present circumstances, however, he argued that the resulting constitution wouldn’t be

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598 Words | 3 Pages

Do not be fooled by this man, he hides behind the excuse of being a state’s rights activist, but truly sets this man on edge, and plants anxiety in his soul is the desire to protect the significance of his local office. Recall to Franklin dinner where he so arrogantly boasted of him holding this office as if he were the only one capable of assuming the position? I do not deny that Mr. Backwards is unqualified, but rather he is overqualified, which is why he holds himself in such high regard. The loftiness to which he holds himself to this position has so greatly inflated his ego that he has lost sight of the rest of the country and his companions. I implore members of this convention to disregard Mr. Backwards.

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644 Words | 3 Pages

Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.

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637 Words | 3 Pages

There are different ways that judges can interpret the constitution like originalism which is the principle or belief that the original intent of an author should be adhered to in later interpretations of a work. The original intent theory, which holds the interpretation of a written constitution is consistent with what was meant by those who drafted and ratified it. This is currently a minority view among originalists. The original meaning theory, which is closely related to textualism, is the view that interpretation of a written constitution or law should be based on what reasonable persons living at the time of its adoption would have understood the ordinary meaning of the text to be. Justice Scalia was a staunch protector of free speech even though, interestingly enough Justice Scalia’s protectiveness of the First Amendment flowed more from his views on stare decisis and his respect for precedent, rather than his originalist approach to constitutional interpretation.

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