Original Sin : Clarence Thomas and the Failure of the Constitutional Conservatives / Samuel A. Marcosson.
2002
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Title
Original Sin : Clarence Thomas and the Failure of the Constitutional Conservatives / Samuel A. Marcosson.
ISBN
9780814764206
Published
New York, NY : : New York University Press, [2002]
Copyright
©2002
Language
English
Language Note
In English.
Description
1 online resource
Item Number
10.18574/nyu/9780814764206.001.0001 doi
Dewey Decimal Classification
347.73/26
Summary
Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws-including self-interested reasoning and the manipulation of doctrine-that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court. Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutional decision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.
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Access limited to authorized users.
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Mode of access: Internet via World Wide Web.
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text file PDF
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 18. Sep 2023)
Series
Critical America ; ; 33
Available in Other Form
print 9780814756409
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Table of Contents
Frontmatter
Contents
Preface
Introduction
Chapter one. I Never Lie
Chapter two. Multitudes in Me
Chapter three. Hypothesis Testing
Chapter four. States of Grace?
Chapter five. The Smoking Gun
Chapter six. A Bridge over Troubled Waters?
Chapter seven. Any More Such Victories . . .
Chapter eight. Legitimation
Notes
Bibliography
Index
About the Author
Contents
Preface
Introduction
Chapter one. I Never Lie
Chapter two. Multitudes in Me
Chapter three. Hypothesis Testing
Chapter four. States of Grace?
Chapter five. The Smoking Gun
Chapter six. A Bridge over Troubled Waters?
Chapter seven. Any More Such Victories . . .
Chapter eight. Legitimation
Notes
Bibliography
Index
About the Author