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Original Sin : Clarence Thomas and the Failure of the Constitutional Conservatives - Samuel A. Marcosson

Original Sin

Clarence Thomas and the Failure of the Constitutional Conservatives

Hardcover Published: 1st June 2002
ISBN: 9780814756409
Number Of Pages: 218

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"Marcossen has written a good book. Its tone is appropriate, its arguments are provocative, and its subject matter is significant."--The Law and Politics Book Review, Vol.12, No. 7 "Brilliantly dissecting Thomas' and his philosophical mentor Antonin Scalia's conservatism, Marcossen resembles a master debater delivering a crushing final summation."--Booklist, August 2002 "Without a doubt, this is one of the best pieces of constitutional law scholarship published in some time." --ChoiceOriginalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent.Original Sinargues 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 Sinbrings 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.

"Marcossen has written a good book. Its tone is appropriate, its arguments are provocative, and its subject matter is significant."--The Law and Politics Book Review, Vol.12, No. 7 "Brilliantly dissecting Thomas' and his philosophical mentor Antonin Scalia's conservatism, Marcossen resembles a master debater delivering a crushing final summation."-- Booklist, August 2002 "Without a doubt, this is one of the best pieces of constitutional law scholarship published in some time." -- Choice

Preface
Introductionp. 1
I Never Liep. 15
Multitudes in Mep. 25
Hypothesis Testingp. 32
States of Grace?p. 51
The Smoking Gunp. 78
A Bridge over Troubled Waters?p. 107
Any More Such Victories...p. 123
Legitimationp. 145
Notesp. 171
Bibliographyp. 207
Indexp. 211
About the Authorp. 218
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780814756409
ISBN-10: 0814756409
Series: Critical America
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 218
Published: 1st June 2002
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 2.54
Weight (kg): 0.45