Skip to main content

Constitution, C. Thomas

 Constitution and Clarence Thomas Etc

Is the United States Constitution still relevant as we move toward the halfway mark of the second decade of the 21st century?
This issue was addressed In a hearing before the Judiciary Committee last week entitled “Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws” which focused on President Obama’s increasing tendency in recent weeks to bypass Congress in order to get his political agenda passed.
During that hearing, my favorite liberal, Jonathan Turley, Professor of Law at George Washington University, who undoubtedly has one of the best legal minds of our time, decried the expansion of executive power which he says is happening so fast that America is at a “constitutional tipping point”.
He said he was very alarmed by the implications of that aggregation of power, and further testified that “What also alarms me is that the two other branches appear not just simply passive, but inert in the face of this concentration of authority.”
Amazing statement since Professor Turley has been a supporter of President Obama on most of his policies, so to hear him testify at a Congressional committee that “our system is changing in a very fundamental way….and it’s changing without a whimper of regret or opposition” is rather astounding.
I remember very clearly my defining moment with regard to the importance of our Constitution. It was in September 1991, and I happened to catch a programming announcement that confirmation hearings would begin the following day on President Bush’s nominee to the Supreme Court.
The name of Clarence Thomas meant nothing to me, but I was writing a weekly column of social and political commentary for the Springfield News-Leader at the time and my antennae were always up for a good story lead.
I grabbed a cup of coffee early that morning and curled up on the sofa thinking I would just catch a quick overview and be on my way. I don’t think I moved the rest of the day except to take advantage of commercial breaks. And the second day of hearings was just as intense, yet even more so as Anita Hill became a central figure in the battle for confirmation.
The Constitutional issues, including abortion, arising out of that two-day hearing so mesmerized me that I have never forgotten it and further instilled in me a genuine respect for the man who eventually won confirmation to the Supreme Court.
Who could forget the passion he displayed in this remarkable (and somewhat sarcastic) statement: “This is not an opporunity to talk about difficult matters privately or in a closed environment. This is a circus. It’s a national disgrace. And from my standpoint, as a black American, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate rather than hung from a tree.”
Justices differ in how they interpret the Constitution. Some take the “living Constitution” approach, interpreting the document in such a way that it “keeps up with the times”, taking into account society’s changing values.
Others have taken the “original intent” approach, sometimes called the text and tradition method, taking their interpretation cues from the writings of the Founding Fathers and the traditions of law going back to the founding of our nation.
Justice Thomas follows the natural law approach, a form of the original intent way of thinking, but instead of drawing mostly from the Federalist Papers, etc. he and others like him look to the Declaration of Independence, believing that the original intent of the Constitution was to fulfill the ideals of the Declaration of Independence.
That is so profound if you can really get your mind wrapped around it.
Thomas Jefferson and James Madison were said to have agreed with the natural rights approach, believing that America’s moral and political principles are found in “the laws of Nature and of Nature’s God.”
In a speech to the American Enterprise Institute For Public Policy Research in 2001, Justice Thomas clearly defined his philosophy with regard to the Constitution (and notice his clear reference to the role of the President).
“My approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution’s meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life. Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles.”
As a proud Missourian, I also noted that Justice Thomas practiced law in the state, served as an Assistant Attorney General for Missouri, and became a Legislative Assistant to Missouri Senator John Danforth.
Although he graduated from Yale Law School in 1974 with a Juris Doctor degree, he says his degree was not taken seriously by law firms to which he applied because potential employers assumed he obtained it by affirmative action policies and went so far as to tell him outright that they doubted he was “as smart as my grades indicated”.
I have attempted in this column to delineate the importance of maintaining the integrity of the U.S. Constitution as it was written, using examples from both ends of the political spectrum, i.e. Jonathan Turley, Professor of Law representing the liberal point of view and Supreme Court Justice Clarence Thomas, representing conservative thinking. It is clear that in this regard, these two men, who may disagree in many ways on many different things, are unified in their love and respect for the Constitution, and their unwavering faith in it.
© Joan Rowden Hart 2014

Share
Most relevant


Comments

Popular posts from this blog

Moneymaker House on Harwood Avenue

I was so thrilled to read in last night's Lebanon Daily Record that the Laclede County Historical Society has now received title to the Moneymaker House on Harwood Avenue. I have always loved that house. As a little girl living in Old Town Lebanon on the corner of Wood & Apple Streets, and walking to school each day, I passed that house every day and always thought it was the most beautiful house in town. The large mature trees in the front yard were always so stately with their long curvy branches sweeping the ground and creating a canopy for the squirrels to have their own private playhouse during the spring and summer. In the fall, the leaves became a gorgeous array of colors gradually falling to the ground and making a carpet under the trees, eventually paving the way for the white snow which inevitably would come as winter would arrive. I loved the low branches sweeping the ground at the Moneymaker house so much that I asked Milan in the early years of our marriage to le...

All Keyed Up, Locked Out, and Alarmed - A Crazy Day in my Life

What a day!  So many catastrophes, all having to do with keys.  How weird is that? Got ready to go to work, running late as usual, and noticed at last minute I didn't have my car/house/shop keys.  Last time I saw them was when we opened up the shop on Sunday afternoon to let MJ and my granddaughters pick out some beauty, bath and body items. Fortunately I keep an extra car key and house key in my wallet.  Found the car key and drove to the store, but then realized I didn't have an extra key for the store.  Called Milan from my cell phone and he opened the door from the inside and gave me an extra key he had. Middle of afternoon, I needed to go to the bank.  Found my little car key in my purse, grabbed it and the small ring of Milan's keys so I could get back into the shop, walked about 2 steps to my car, unlocked the door, threw my purse in, got in and realized I had somehow lost the car key. Called Milan again from my cell phone hoping he had an ex...

LDR column published 05.09.12 - Jess Easley

Straight From The Hart By Joan Rowden Hart Jess  Easley , Lebanon Historian and StoryTeller I’ve been trying to trace a place called Railroad Pond from the early days of Lebanon.  Perhaps some of you “old-timers” will have more information, but I found a reference to it in Jess  Easley ’s recollections of Lebanon. Jess talked about skating on Railroad Pond when he was just a kid, and also working to cut ice on it during the cold winters that Lebanon experienced.  The grocery stores which had meat markets would hire people to cut ice from the pond to put in their ice house and store for the summer. Jess was one of Milan’s favorite customers when Milan started working at the barber shop with Fred Pitts in 1968, and he quickly became one of Milan’s mentors in collecting oral memories and memorabilia of Lebanon history. Jess was born in Lebanon in January of 1891, and died here on March 1, 1983 at the age of 92 , and had a good strong mind right up to the very end, so he...