Changes

Jump to navigation Jump to search
5 bytes added ,  01:56, February 17, 2011
template
Line 15: Line 15:  
}}
 
}}
 
}}
 
}}
'''Clarence Thomas''' (b. 1948) is an [[Associate Justice]] of the [[U.S. Supreme Court]]. He was born in Savannah, [[Georgia]], which he often mentions in referencing his roots, such as in his book, ''My Grandfather's Son''. His most prominent decisions include his decision for the Court in favor of after-hours religious school clubs in ''Good News Club v. Milford Cent. Sch.'', 533 U.S. 98 (2001), his decision for the 5-4 Court invalidating a federal government seizure of property as a violation of the [[Eighth Amendment]] in ''United States v. Bajakajian'', 524 U.S. 321, 324 (1998) and his stirring dissent from the 5-4 invalidation of term limits passed in an Arkansas referendum with respect to its congressmen, in ''U.S. Term Limits, Inc. v. Thornton'', 514 U.S. 779 (1995) (Thomas, J., dissenting).
+
'''Clarence Thomas''' (b. 1948) is an [[Associate Justice]] of the [[U.S. Supreme Court]]. He was born in Savannah, [[Georgia]], which he often mentions in referencing his roots, such as in his book, ''My Grandfather's Son''. His most prominent decisions include his decision for the Court in favor of after-hours religious school clubs in ''Good News Club v. Milford Cent. Sch.'', 533 U.S. 98 (2001), his decision for the 5-4 Court invalidating a federal government seizure of property as a violation of the [[Eighth Amendment]] in ''United States v. Bajakajian'', 524 U.S. 321, 324 (1998) and his stirring dissent from the 5-4 invalidation of term limits passed in an Arkansas referendum with respect to its congressmen, in ''U.S. Term Limits, Inc. v. Thornton'', 514 U.S. 779 (1995) (Thomas, J., dissenting).
    
Justice Thomas is a leader on the Court in urging limits or elimination on incorporating the [[Establishment Clause]] against the States, because that clause was ratified as a federalist provision for protecting States against the new federal government.<ref>''See, e.g.'', ''Elk Grove Unified School Dist. v. Newdow'', 542 U.S. 1, 45-46 (2004) (Thomas, J., concurring) (“[T]he Establishment Clause is a federalism provision, which, for this reason, resists incorporation.”); ''Zelman v. Simmons-Harris'', 536 U.S. 639, 677-680, and n. 3 (Thomas, J., concurring).</ref> He is also highly respected by legal scholars for adhering to an interpretation of the [[U.S. Constitution]] based on its original text, meaning and understanding, which has included limiting federal powers. His judicial doctrine finds no basis in the [[U.S. Constitution]] for [[abortion]], [[Roe v. Wade]], [[homosexual]] rights, federal interference with state sovereignty, the [[Dormant Commerce Clause]] and constitutional limits on punitive damages.
 
Justice Thomas is a leader on the Court in urging limits or elimination on incorporating the [[Establishment Clause]] against the States, because that clause was ratified as a federalist provision for protecting States against the new federal government.<ref>''See, e.g.'', ''Elk Grove Unified School Dist. v. Newdow'', 542 U.S. 1, 45-46 (2004) (Thomas, J., concurring) (“[T]he Establishment Clause is a federalism provision, which, for this reason, resists incorporation.”); ''Zelman v. Simmons-Harris'', 536 U.S. 639, 677-680, and n. 3 (Thomas, J., concurring).</ref> He is also highly respected by legal scholars for adhering to an interpretation of the [[U.S. Constitution]] based on its original text, meaning and understanding, which has included limiting federal powers. His judicial doctrine finds no basis in the [[U.S. Constitution]] for [[abortion]], [[Roe v. Wade]], [[homosexual]] rights, federal interference with state sovereignty, the [[Dormant Commerce Clause]] and constitutional limits on punitive damages.
Line 22: Line 22:     
== Early Life ==
 
== Early Life ==
Thomas was born on June 23, 1948. His earliest stages of life were in [[Pinpoint]], [[Georgia]], until his mother took him and his younger brother, Myers Lee Thomas, to live in [[Savannah]]. However, his mother couldn't afford to take care of them, so she gave them to her father, Myers Anderson. Anderson raised them up on his farm, where Thomas and his brother were raised to be very hardworking.<ref>[[My Grandfather's Son]], by Clarence Thomas, 2007, pp. 1 - 13. </ref>
+
Thomas was born on June 23, 1948. His earliest stages of life were in [[Pinpoint]], [[Georgia]], until his mother took him and his younger brother, Myers Lee Thomas, to live in [[Savannah]]. However, his mother couldn't afford to take care of them, so she gave them to her father, Myers Anderson. Anderson raised them up on his farm, where Thomas and his brother were raised to be very hardworking.<ref>[[My Grandfather's Son]], by Clarence Thomas, 2007, pp. 1 - 13.</ref>
    
== Comparison with Justice Scalia ==
 
== Comparison with Justice Scalia ==
Line 41: Line 41:  
Thomas again provided the key fifth vote in ''Ashcroft v. ACLU'', 542 U.S. 656 (2004), which invalidated as unconstitutional a federal law criminalizing the posting on a commercial website of pornography harmful to minors unless there were protections against access by minors. The 5-4 Court placed the burden on parents to keep their children away from pornographic sites, rather than allowing Congress to place the burden on pornographers to limit access to their sites. Scalia, Justice [[William Rehnquist]], Justice [[Sandra Day O'Connor]] and Justice [[Stephen Breyer]] dissented.
 
Thomas again provided the key fifth vote in ''Ashcroft v. ACLU'', 542 U.S. 656 (2004), which invalidated as unconstitutional a federal law criminalizing the posting on a commercial website of pornography harmful to minors unless there were protections against access by minors. The 5-4 Court placed the burden on parents to keep their children away from pornographic sites, rather than allowing Congress to place the burden on pornographers to limit access to their sites. Scalia, Justice [[William Rehnquist]], Justice [[Sandra Day O'Connor]] and Justice [[Stephen Breyer]] dissented.
   −
Thomas tends to oppose government power more often than Scalia does. In a 5-4 decision written by Thomas, from which Scalia dissented, Thomas held that the [[United States]] was wrong to seize $357,144 in cash from a traveler simply because he failed to report it as required by law. Thomas, writing for the Court, held that such a forfeiture "would violate the Excessive Fines Clause of the [[Eighth Amendment]] ... because full forfeiture of respondent's currency would be grossly disproportional to the gravity of his offense."<ref>''United States v. Bajakajian'', 524 U.S. 321, 324 (1998).</ref>
+
Thomas tends to oppose government power more often than Scalia does. In a 5-4 decision written by Thomas, from which Scalia dissented, Thomas held that the [[United States]] was wrong to seize $357,144 in cash from a traveler simply because he failed to report it as required by law. Thomas, writing for the Court, held that such a forfeiture "would violate the Excessive Fines Clause of the [[Eighth Amendment]] ... because full forfeiture of respondent's currency would be grossly disproportional to the gravity of his offense."<ref>''United States v. Bajakajian'', 524 U.S. 321, 324 (1998).</ref>
    
Thomas is more likely than Scalia to enforce a statute that is wrong as a matter of policy, as Thomas is more likely to hold that [[Congress]] alone can fix its own law.<ref>''[[Volvo Trucks N. Am., Inc. v. Reeder-Simco GMC]], Inc.'', 546 U.S. 164 (2006).</ref>
 
Thomas is more likely than Scalia to enforce a statute that is wrong as a matter of policy, as Thomas is more likely to hold that [[Congress]] alone can fix its own law.<ref>''[[Volvo Trucks N. Am., Inc. v. Reeder-Simco GMC]], Inc.'', 546 U.S. 164 (2006).</ref>
Line 65: Line 65:     
== Appointment to the United States Supreme Court ==
 
== Appointment to the United States Supreme Court ==
In 1991, upon the retirement of Justice [[Thurgood Marshall]], President [[George H.W. Bush]] nominated Thomas to fill the newly vacant seat. Supporters of [[abortion]] desperately opposed his nomination.  
+
In 1991, upon the retirement of Justice [[Thurgood Marshall]], President [[George H.W. Bush]] nominated Thomas to fill the newly vacant seat. Supporters of [[abortion]] desperately opposed his nomination.  
   −
Radical [[leftist]]s attempted to block Thomas' nomination to the High Court through a persistent series of public [[guilt by association]] smears.<ref>[http://www.theroc.org/roc-mag/textarch/roc-07/roc07-13.htm ''A Few Facts About Clarence Thomas,''] Chip Berlet, Political Research Associates, Cambridge MA, 1997. [[Chip Berlet]] of [[Political Research Associates]] noted that Thomas was on the editorial board of the ''Lincoln Review'', a quarterly black conservative publication of the Lincoln Institute. Berlet issued a rather dubious ''ad hominem'' attack which claimed "it is a far right group that has worked in coalition with… fascist and anti-Semitic groups," and goes on to "link" Lincoln Institute head J. A. Baker with the Indiana Ku Klux Klan by virtue that Baker is on the board of the Council for National Policy and another board member is supposedly a former Klan member. </ref> Sen. [[Joseph Biden]] agreed to hold a series of [[racism|racially motivated]] hearings dubbed "the Anita Hill hearings" which have been described as a "high tech lynching for uppidy blacks."<ref>[http://www.youtube.com/watch?v=_2yfARRF9Co Clarence Thomas Hearings: Biden Questions Thomas 1]</ref>   
+
Radical [[leftist]]s attempted to block Thomas' nomination to the High Court through a persistent series of public [[guilt by association]] smears.<ref>[http://www.theroc.org/roc-mag/textarch/roc-07/roc07-13.htm ''A Few Facts About Clarence Thomas,''] Chip Berlet, Political Research Associates, Cambridge MA, 1997. [[Chip Berlet]] of [[Political Research Associates]] noted that Thomas was on the editorial board of the ''Lincoln Review'', a quarterly black conservative publication of the Lincoln Institute. Berlet issued a rather dubious ''ad hominem'' attack which claimed "it is a far right group that has worked in coalition with… fascist and anti-Semitic groups," and goes on to "link" Lincoln Institute head J. A. Baker with the Indiana Ku Klux Klan by virtue that Baker is on the board of the Council for National Policy and another board member is supposedly a former Klan member. </ref> Sen. [[Joseph Biden]] agreed to hold a series of [[racism|racially motivated]] hearings dubbed "the Anita Hill hearings" which have been described as a "high tech lynching for uppidy blacks."<ref>[http://www.youtube.com/watch?v=_2yfARRF9Co Clarence Thomas Hearings: Biden Questions Thomas 1]</ref>   
   −
In a flagrant violation of the rules of the [[United States Senate|Senate]]<ref>[http://www.loc.gov/rr/law/nominations/thomas/debates.pdf Congressional Record -Senate, 102nd Congress, October 7, 1991], Vol 137, Part 18, p. 25706.</ref>, staff members<ref>[http://www.uiowa.edu/~030116/153/articles/brock01.htm ''The Real Anita Hill''], David Brock, Harper Collins, 1993.</ref> for a sitting [[Democratic]] member of the Judiciary Committee leaked a routine confidential FBI background report to [[Nina Totenberg]] of [[National Public Radio]] (NPR)<ref>[http://backissues.cjrarchives.org/year/92/1/thomas.asp  The Clarence Thomas Hearings], by William Boot, ''Columbia Journalism Review'', January/February 1992.</ref> which contained a vicious defamatory smear intended to mar Thomas for life. The accusation was known to be false, and was concocted to publicly intimidate an African-American Republican from accepting an appointment to the nation's High Court, and derail his nomination. None of the allegations could be substantiated. The deliberate falsehoods did however persuade former [[Ku Klux Klan]] [[Democrat]]ic [[Senator]] [[Robert Byrd]] to change his vote from "yes" for confirmation to "no".
+
In a flagrant violation of the rules of the [[United States Senate|Senate]]<ref>[http://www.loc.gov/rr/law/nominations/thomas/debates.pdf Congressional Record -Senate, 102nd Congress, October 7, 1991], Vol 137, Part 18, p. 25706.</ref>, staff members<ref>[http://www.uiowa.edu/~030116/153/articles/brock01.htm ''The Real Anita Hill''], David Brock, Harper Collins, 1993.</ref> for a sitting [[Democratic]] member of the Judiciary Committee leaked a routine confidential FBI background report to [[Nina Totenberg]] of [[National Public Radio]] (NPR)<ref>[http://backissues.cjrarchives.org/year/92/1/thomas.asp  The Clarence Thomas Hearings], by William Boot, ''Columbia Journalism Review'', January/February 1992.</ref> which contained a vicious defamatory smear intended to mar Thomas for life. The accusation was known to be false, and was concocted to publicly intimidate an African-American Republican from accepting an appointment to the nation's High Court, and derail his nomination. None of the allegations could be substantiated. The deliberate falsehoods did however persuade former [[Ku Klux Klan]] [[Democrat]]ic [[Senator]] [[Robert Byrd]] to change his vote from "yes" for confirmation to "no".
    
Thomas was confirmed by the Senate with a vote of 52-48, which was at the time the narrowest confirmation of a Supreme Court nominee in history.
 
Thomas was confirmed by the Senate with a vote of 52-48, which was at the time the narrowest confirmation of a Supreme Court nominee in history.
Line 87: Line 87:  
*[http://www.realclearpolitics.com/articles/2007/10/clarence_thomas.html ''Clarence Thomas''], Real Clear Politics, October 9, 2007 <br>
 
*[http://www.realclearpolitics.com/articles/2007/10/clarence_thomas.html ''Clarence Thomas''], Real Clear Politics, October 9, 2007 <br>
 
*[http://www.hillsdale.edu/hctools/imprimis_archive/2007/10/2007_10_Imprimis.pdf ''A Conversation with Justice Clarence Thomas'']  - [[Hillsdale College]] interview with Justice Thomas conducted in his [[chambers]] at the [[U.S. Supreme Court|Supreme Court]] in [[Washington, D.C.]], on September 19, 2007.
 
*[http://www.hillsdale.edu/hctools/imprimis_archive/2007/10/2007_10_Imprimis.pdf ''A Conversation with Justice Clarence Thomas'']  - [[Hillsdale College]] interview with Justice Thomas conducted in his [[chambers]] at the [[U.S. Supreme Court|Supreme Court]] in [[Washington, D.C.]], on September 19, 2007.
 +
 +
{{RobertsCourt}}
    
{{DEFAULTSORT: Thomas, Clarence}}
 
{{DEFAULTSORT: Thomas, Clarence}}
SkipCaptcha, nsSupply_SidersR, nsSupply_Siders_
8,436

edits

Navigation menu