Original Sin: Clarence Thomas and the Failure of the Constitutional Conservatives Contributor(s): Marcosson, Samuel A. (Author) |
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ISBN: 0814756409 ISBN-13: 9780814756409 Publisher: New York University Press OUR PRICE: $88.11 Product Type: Hardcover Published: June 2002 Annotation: "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." 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 constitutionaldecision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution. |
Additional Information |
BISAC Categories: - Law | Courts - General - Law | Constitutional - Law | Jurisprudence |
Dewey: 347.732 |
LCCN: 2001008462 |
Series: Critical America |
Physical Information: 0.8" H x 6.38" W x 9.3" (1.00 lbs) 218 pages |
Descriptions, Reviews, Etc. |
Publisher Description: 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. |
Contributor Bio(s): Marcosson, Samuel A.: - Samuel A. Marcosson is Assistant Professor of Law, Brandeis School of Law, University of Louisville. |