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Justice Clarence Thomas: A Journey into American
Justice Clarence Thomas
San Diego-based prosecuting
author of The
Passion of Ayn Rand’s Critics
In his "dissenting
opinion" in the Kelo vs New London eminent domain case, United
States Supreme Court Justice Clarence Thomas takes us on a journey
into the thinking and the spirit of the American Founding Fathers.
With San Diego based attorney, James Valliant, we analyse Justice
Thomas's approach and learn about how the framers of the American
Constitution approached defending man's rights - defending it
against the very kinds of people represented by Justice Stevens and
the Supreme Court's majority
on Justice Clarence Thomas include Thomas Sowell and Ayn
the American Constitution sought to create a scientific, rational
way to achieve justice.
Thomas’s dissenting opinion in Kelo v New London is a journey into the
soul of America. A history lesson!
Scalia, in their decisions, will take the reader on an historical
excursion of the way that the language was understood at the time of the
writing of the constitution.
What did “public
use” mean at the time of the writing of the constitution?
What did the
Supreme Court majority decision do with the term?
Is the 5th
Amendment about giving the government the permission to take property,
or about limiting the government’s power to take it?
What did Justice
Thomas have to say about this?
The 9th and 10th
Amendments –> read the rights of the individual people broadly and
the rights given to the government narrowly.
The purpose of
the constitution as a whole is ... ?
Civil War. The development in Britain of a radical ideology that
influenced the American Founding Fathers.
study of ancient history and how democracy was lost in Athens and the
Republic was lost in ancient Rome.
scientists as statesmen.
quotes Blackstone’s defense of private property as the foundation of
Rights are a
Finance Reform Bill – how it failed to understand the unity of rights.
Justice Thomas is the consistent advocate of free speech and property
rights – the best Justice on the Supreme Court in these areas.
accusation that the majority decision on Kelo v New London seeks to
eliminate liberties expressly enumerated in the Constitution.
purpose of the Supreme Court and how the court has broken loose from
one criticism of Thomas’s and Scalia’s “historical excursion” style.
that more than any other Supreme Court Justice in recent memory,
Clarence Thomas clearly understands that rights are an individual thing
– it’s the individual that possesses rights.
conception of the constitution is as a limitation on government.
Not all Supreme
Court Justices view the constitution in it’s total purpose as a
limitation on government.
How to read the
proper…” an elastic clause.
The inversion of
the 5th Amendment by the Supreme Court of the United States.
Court’s use of precedence to destroy the very constitutional rights they
are charged to protect.
study purposes - not necessarily as an endorsement
Kelo vs New London
Supreme Court of the United
States: Kelo et al. v. City of New London et al.
Read the opinions of all
Supreme Court Justices here
the Legal Information Institute @ Cornell University Law
Speech by Justice Clarence Thomas
at James Madison University in 2001 on the eve of the 250th birthday of
James Madison. Here is an excerpt for you ...
it about our Constitution that has allowed this great nation to enjoy
unprecedented political stability and economic and social prosperity for
more than two centuries?
are two things that stand above all else: First, the principles upon
which the American Constitutional order is based are universal
principles, applicable to all people at all times ....
Madison and other Framers made a significant advance in politics and
political theory, an advance that allowed them to create a government
strong enough to defend itself and the liberties of its people, yet
limited enough, that it would itself not become the destroyer of the
self same liberties.
- Listen to Erich Veyhl discuss "Eminent
Domain: Kelo vs London & the Logic of Destruction
Note from PRODOS: It was Erich
Veyhl who first drew my attention to the arguments presented by Justice
- Listen to Joe Wright discuss "Eminent Domain:
Exploiting the 5th Amendment to destroy property rights" >> click here
- Justice Clarence Thomas Appreciation page >> click
... Recommended (and sung) by PRODOS ...
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