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"The Founders’ Grandson, Part II"

Nice overview of some of Justice Thomas's most important opinions.

On the bench, Clarence Thomas takes precisely the opposite approach from that of Chief Justice Charles Evans Hughes, who famously quipped that “the Constitution is what the judges say it is.” Under that rubric, too many justices have imposed their own policy preferences, Thomas says: “You make it up, and then you rationalize it.” According to his own strictly originalist judicial credo, set forth in a 1996 speech, “The Constitution means not what the Court says it does but what the delegates at Philadelphia and at the state ratifying conventions understood it to mean. . . . We as a nation adopted a written Constitution precisely because it has a fixed meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution.” 

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