Understanding Clarence Thomas
The Jurisprudence of Constitutional Restoration
Bibliographic Data
| ID | 10372877 |
|---|---|
| Authors | J Richard Broughton (University of Detroit Mercy, corresponding author) |
| Year | 2015 |
| Volume | 130 |
| Issue | 3 |
| Pages | 544-545 |
| Publication date | 2015-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Political Science Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0032-3195 • E-ISSN: 1538-165X |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1002/polq.12377 |
| OpenAlex | W2108852067 |
| Language | EN |
| Citations received | 4 |
U.S. Supreme Court justices can be some of the most compelling, although elusive, figures in American government. One of the most personally and intellectually compelling justices on the current Supreme Court—arguably, the most—is Clarence Thomas, the subject of Ralph A. Rossum's engaging new book. Justice Thomas has a remarkable and inspiring life story and, in more than 20 years on the Court, a body of jurisprudence that has helped him become one of the most original and intellectually serious constitutional decision makers in American law. Still, Thomas remains a misunderstood, and often vilified, figure. Rossum, however, deftly navigates Thomas's background and writings in a way that—even if not enough to change the minds of Thomas's critics—at least should improve public appreciation for Thomas's work. Understanding Clarence Thomas is an apt title. Rossum offers the reader a detailed journey through a judicial labyrinth, exploring both well-known and obscure Thomas opinions. Rossum does not review every area of constitutional law on which Thomas has written. But because his depth is so impressive, it feels as if he does. Rossum's chief purpose (at which he succeeds) is to reveal and dissect Thomas's approach to adjudication, what Rossum calls the “original general meaning” approach to the Constitution. Rossum distinguishes other originalist approaches to judging, such as Justice Antonin Scalia's “original public meaning” approach. Thomas's version, Rossum observes, is broader and deeper, incorporating not merely the constitutional text but also the understanding of its drafters and ratifiers, as well as the “higher law principles” (p. 20) of the Declaration of Independence. Thomas's originalism has long been the subject of spirited debate among scholars, with many concluding that Thomas is the most faithful originalist on the Court (although there is dispute over this). Rossum's book is a worthy contribution to this debate. To understand Thomas, we must better understand originalism and Thomas's unique brand of it. And Rossum educates us
Jurisprudence · Political science · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal Systems and Judicial Processes
| Citations per year | 0.4 |
|---|---|
| Citation span | 2016 - 2023 (8) |
| Highly cited | No |