Volume #3, Issue #3  | May, 2012

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Clarence Thomas' Constitution

Written By: Mark Fitzgibbons  |  Posted: Tuesday, November 22nd, 2011

            About ten years ago I told some friends and colleagues that the judicial opinions of Supreme Court Justice Clarence Thomas, often written in dissent of majority opinions eviscerating freedoms, would be widely cited 40 years hence.  And, if establishment Republicans were in power, I predicted that the Thomas opinions would be cited even by liberals in the political minority.

            Justice Thomas writes with remarkable clarity, consistency, and elegance.  His concurring opinion in a 1995 case called McIntyre v. Ohio Elections Commission is a history lesson in the First Amendment protection of anonymous speech.  His dissenting opinion in the Kelo property takings case is a stark reminder that even the Bill of Rights runs the risk of becoming dead letter in the face of the insatiable, tyrannical appetite of big government mixed with cronyism.

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