Jonah Patel
Justice Clarence Thomas has been a Supreme Court Justice since 1991. Thomas has been described as an originalist, meaning he interprets the Constitution as meaning today what he believes those who wrote it intended it to mean, regardless of how conditions may have changed. Thomas has been vocal about his belief that the Court should not follow erroneous precedent, and has criticised several rulings, including Roe v. Wade (1973) and Gideon v. Wainwright (1963). He has also been a strong defender of First Amendment free expression rights and has taken several bold stances on issues such as reverse discrimination and LGBTQ+ themes in education. Thomas's views on the establishment clause of the First Amendment differ from those of his colleagues, and he has railed against restrictions on campaign finance as unconstitutional restrictions on political expression.
| Characteristics | Values |
|---|---|
| Originalist | Interprets the constitution as it was originally intended |
| Independent | Bold and independent views |
| First Amendment | Supports First Amendment free expression rights |
| Neutrality | Interprets the constitution without bias |
| Unwavering | Does not sway from his beliefs |
| Conservative | Views align with the conservative wing of the Republican Party |
| Creative | Has produced creative opinions |
| Federalist | Believes in states' rights |
| Anti-Affirmative Action | Believes affirmative action violates the Equal Protection Clause |
| Anti-Precedent | Willing to cast aside precedent |
| Anti-Judicial Lawmaking | Views the Court's role as interpretation, not lawmaking |
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What You'll Learn
Thomas interprets the Constitution as an originalist
Clarence Thomas, a Supreme Court Justice, has been described as an "originalist" in his interpretation of the US Constitution. This means that he believes in interpreting the Constitution as those who wrote it intended it to be understood at the time, regardless of how conditions may have changed in the country since. This view has made him willing to cast aside long-standing precedents that he believes are unfaithful to the original constitutional meaning.
Thomas's originalist interpretation of the Constitution has been evident in several of his opinions and rulings. For example, in Citizens United v. FEC (2010), he argued that the Bipartisan Campaign Reform Act's disclaimer and disclosure requirements were unconstitutional, citing the First Amendment's protection of "political association". In Tinker v. Des Moines Independent Community School District (1969), Justice Thomas endorsed Hugo Black's dissent, arguing that the Constitution does not govern whether public school students may be disciplined for expressive behaviour.
In another case, Thomas disagreed with the Supreme Court's broad interpretation of the Commerce Clause, which empowers Congress to regulate interstate commerce. He argued that the Constitution contains only a Commerce Clause and that the Court's interpretation effectively limits states from regulating interstate commerce. Thomas's originalist approach also extends to his views on the establishment clause of the First Amendment, which differ significantly from those of his colleagues. He has consistently opposed restrictions on campaign finance, considering them grossly unconstitutional restrictions on political expression.
Clarence Thomas's originalist interpretation of the Constitution has been a consistent theme throughout his tenure on the Supreme Court. His views have often been described as bold and independent, and he has not been afraid to stand by them, even when they differ from those of his colleagues. While some have criticised his interpretations, others have praised his unwavering commitment to what he believes is the original intent of the Constitution.
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He believes the Court should not follow erroneous precedent
Justice Clarence Thomas is considered the Supreme Court's most unwavering "originalist". This means that he interprets the Constitution as those who wrote it intended it to be interpreted, regardless of how societal conditions may have changed. This view has made him willing to cast aside long-standing precedents that he believes are unfaithful to the original constitutional meaning.
Thomas has been vocal about his belief that the Court should not follow erroneous precedent. In one of his first cases after joining the Court, he voted against the majority opinion, stating that the Court had "gone far beyond our precedents". He argued that while the use of force against prisoners may be immoral, tortious, criminal, or remediable under other provisions of the Federal Constitution, it did not constitute "cruel and unusual punishment".
Thomas has also questioned the Court's interpretations of the establishment clause of the First Amendment. He has consistently opposed restrictions on campaign finance, viewing them as unconstitutional limitations on political expression. In one instance, he wrote that he was "unwilling to corrupt the First Amendment" to ban indecent speech as if it were obscenity. Thomas's views on the establishment clause differ significantly from those of his colleagues, but he has been willing to stand by his own interpretation.
In addition to his views on the First Amendment, Thomas has also dissented in cases involving the interpretation of the Commerce Clause and the Public Use Clause. He disagreed with the Court's broad interpretation of the Commerce Clause, arguing that the Constitution does not contain a negative Commerce Clause but only a Commerce Clause. In Kelo v. New London, he dissented from the majority's view of eminent domain, arguing that the Public Use Clause requires that the public actually use the land, not just accrue benefits from it.
Thomas's interpretation of the Constitution has been described as bold and independent, and he has not been afraid to dissent from his colleagues. He has been criticised for his relative lack of prior judicial experience and his silence during oral arguments. However, he has also been praised for his interesting, important, and creative opinions.
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Thomas views federalism as a limit on federal power
Justice Clarence Thomas has been a Supreme Court Justice since 1991. In that time, he has gained a reputation as an
Thomas's views on federalism, and the limits it places on federal power, are a key part of his originalist stance. He has consistently argued that the Commerce Clause, which empowers Congress to regulate interstate commerce, should not be interpreted broadly. Thomas believes that the "substantial effects" test, which allows Congress to regulate matters that may have a substantial effect on interstate commerce, gives Congress too much power. He argues that the Constitution does not contain a negative Commerce Clause, only a Commerce Clause, and that the Supreme Court's broad interpretation of the Commerce Clause limits the states' ability to regulate interstate commerce themselves.
In U.S. v. Morrison (2000), Thomas joined the majority in ruling that parts of the Violence Against Women Act were unconstitutional. He agreed that the Act exceeded Congress's powers under the Commerce Clause and infringed on powers that the Tenth Amendment left to the states. Thomas has also argued that the Supreme Court should treat voting rights law in a principled fashion. In Shelby County v. Holder, Thomas called the decision inconsistent, arguing that both provisions in question were unconstitutional.
Thomas's originalist views have also led him to criticise the Supreme Court's stance on eminent domain. In Kelo v. New London, Thomas dissented from the majority, arguing that the Supreme Court had "erased the Public Use Clause from our Constitution". He believes that the text and history of the Public Use Clause require that the public at least uses the land, rather than simply accruing benefits from it.
Thomas's views on federalism and federal power are thus a key part of his originalist interpretation of the Constitution. He believes that federal power should be limited to what is explicitly stated in the Constitution and that broad interpretations of clauses such as the Commerce Clause infringe on the powers of the states.
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He has denounced policy-driven decisions masquerading as constitutional law
Justice Clarence Thomas has been a Supreme Court Justice since 1991. He has been described as an "originalist", meaning that he interprets the Constitution as those who wrote it intended it to be understood, regardless of how societal conditions have changed. This has made him willing to cast aside precedents that he believes are unfaithful to the original constitutional meaning.
Thomas has denounced policy-driven decisions masquerading as constitutional law. In one instance, he denounced a ruling and the Court's later rulings that expanded its protection as "policy-driven decisions masquerading as constitutional law". He did not explicitly call for it to be overturned but expressed a desire for it to be discarded. This was in relation to a case in which neither side discussed the Sullivan decision, a dispute growing out of the recent social and political movement of women who were victims of sexual assault going public with their accusations against high-profile men.
Thomas has also surprised observers with his bold, independent vision on First Amendment issues. He has defended First Amendment free expression rights in several contexts, often applying an originalist method of interpreting the Constitution. He has also questioned the Court's interpretations of the establishment clause. Thomas has called political speech the "primary object of First Amendment protection".
Thomas's views on the establishment clause differ dramatically from those of his colleagues. He has also been described as the most partisan member of the Court, with his votes often fitting with the 21st-century views of the conservative wing of the Republican Party. Despite this, he has produced exceedingly interesting, important, and creative opinions.
Thomas has also been compared to Justice Hugo Black, who resisted the tendency to create social policy out of "whole cloth". Thomas generally declines to engage in judicial lawmaking, viewing the Court's constitutional role as the interpretation of the law rather than the creation of new policy.
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Thomas interprets the Constitution as colour-blind
Justice Clarence Thomas joined the Supreme Court in 1991 and has since been regarded as its most unwavering "originalist". This means that he interprets the Constitution as holding the same meaning today as it did when it was written, regardless of how conditions in America have changed.
Thomas's originalist interpretation of the Constitution is evident in his views on the First Amendment. He has been a strong defender of First Amendment free expression rights, often applying an originalist method of interpretation. Thomas has questioned the Court's interpretations of the establishment clause, arguing that the Constitution does not govern whether public school students may be disciplined for expressive behaviour. He has also denounced rulings that expanded protection for free expression as "policy-driven decisions masquerading as constitutional law".
In addition to his views on the First Amendment, Thomas's originalist interpretation of the Constitution is also reflected in his stance on other issues. For example, he has objected to affirmative action, arguing that it violates the Equal Protection Clause. In Adarand Constructors, Inc. v. Pena, he wrote a separate opinion disapproving of the "racial paternalism exception to the principle of equal protection". Thomas also interprets the Commerce Clause narrowly, arguing that the Constitution does not contain a negative Commerce Clause but only a Commerce Clause.
Thomas's originalist interpretation of the Constitution has been criticised by some who argue that he votes in a way that aligns with the 21st-century views of the conservative wing of the Republican Party rather than a neutral reading of the text. However, Thomas has stated that he interprets the Constitution "as it's drafted", resisting the idea that he is an "originalist". He sees himself as a neutral interpreter, stating, "I don't feel I have any particular right to put my gloss on your constitution. My job is simply to interpret it."
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Frequently asked questions
Thomas views federalism as a foundational limit on federal power. He has defended strict constructionism, asserting that federalism enhances self-government, protects individual liberty by separating political power, and checks federal authority.
Thomas believes that American law should protect individuals rather than group rights. He has said that the Constitution is colour-blind and that individuals should be judged as such, rather than as members of racial, gender, or ethnic groups.
Thomas has been described as a strong defender of First Amendment free expression rights. He has railed against restrictions on campaign finance as grossly unconstitutional restrictions on political expression and has called political speech the “primary object of First Amendment protection”.
