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View Full Version : Great article on Clarence Thomas and his thoughts on the RTKBA


Uxi
09-02-2011, 4:00 PM
Did a search and didn't see it posted...

http://www.newyorker.com/reporting/2011/08/29/110829fa_fact_toobin?currentPage=all

Thomas joined Scalia’s opinion for the majority but wrote a concurring opinion that examined the case in a different way. Thomas devoted his opinion to the Second Amendment, which provides that a “well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The Second Amendment had not been addressed by the Supreme Court since 1939, and the parties in Printz had not raised a Second Amendment claim at any stage of the proceedings, but Thomas used the case to undertake an extensive discussion of it. Indeed, Thomas suggested that the Brady bill might well be unconstitutional as a violation of the Second Amendment. “Marshaling an impressive array of historical evidence, a growing body of scholarly commentary indicates that the ‘right to keep and bear arms’ is, as the Amendment’s text suggests, a personal right,” Thomas wrote. Concluding with a flourish, and referring to Joseph Story, a renowned figure from the early days of the Court, Thomas declared, “Perhaps, at some future date, this Court will have the opportunity to determine whether Justice Story was correct when he wrote that the right to bear arms ‘has justly been considered, as the palladium of the liberties of a republic.’ ”

Great article on one of our great Justices. They kind of take an scurrilous approach to the accusations from Anita Hill and his wife's activities but the article about his jurisprudence is really good stuff. If GHW "Read my Lips" did nothing else right, I'm so happy we have Clarence Thomas on SCOTUS. Always amused when I see those on the left deriding him as an intellectual lightweight.

Liberty1
09-02-2011, 4:58 PM
Loved the read! Thomas is one of my heros! I remember the confirmation hearings and wondering how strange Hills claims were.

Gene, next time Thomas is in state for BG let's have a helerbration shoot-n-que with a particular guest of honor! I'd love to buy him a low calorie beer and shake his hand!

The Shadow
09-02-2011, 5:31 PM
If the majority of justices turn to Thomas for guidance, and Thomas is a champion of the Second Amendment, then I would expect the second amendment to be fully restored before Thomas retires. Maybe that's too optimistic, but I try to stay optimistic about things like that.

BigDogatPlay
09-02-2011, 6:01 PM
A remarkably well balanced and well written article. I, for one, am glad it wasn't yet another hit piece demanding that his wife give him heart disease with her cooking. An interesting note was calling out his thinly disguised contempt for the Ivy League law schools and Yale Law, in particular, from which he graduated. It's always been kind of loosely known about him, but it is refreshing to see it discussed frankly.

As to the quoted passage in the OP from Printz, it should be noted that it was Mr. Justice Thomas who drank deeply from the waters offered by Alan Gura in McDonald. It was Justice Thomas who went brilliantly, in his concurrence on Mcdonald where the rest of the court feared to their core to tread and reinforced his earlier writings in Printz.

Perhaps, someday, a broader reach of the court will embrace P or I and be done with the squishy middle ground for good.

sholling
09-02-2011, 7:19 PM
Thomas is only reviled by the left because he believes in enforcing the constitution as the founders intended. I just wish we had 5 more of him on the bench.

VegasND
09-02-2011, 10:26 PM
I'd like to have a few more Justices like him.

Mulay El Raisuli
09-03-2011, 7:09 AM
A remarkably well balanced and well written article. I, for one, am glad it wasn't yet another hit piece demanding that his wife give him heart disease with her cooking. An interesting note was calling out his thinly disguised contempt for the Ivy League law schools and Yale Law, in particular, from which he graduated. It's always been kind of loosely known about him, but it is refreshing to see it discussed frankly.

As to the quoted passage in the OP from Printz, it should be noted that it was Mr. Justice Thomas who drank deeply from the waters offered by Alan Gura in McDonald. It was Justice Thomas who went brilliantly, in his concurrence on Mcdonald where the rest of the court feared to their core to tread and reinforced his earlier writings in Printz.

Perhaps, someday, a broader reach of the court will embrace P or I and be done with the squishy middle ground for good.


Well, there's certainly enough cases on the way for that to happen.


The Raisuli

johndoe2150
09-03-2011, 7:43 AM
He may be my new favorite justice now. It sure would be nice to see the commerce clause gutted to a reasonable interpretation.

vantec08
09-03-2011, 7:59 AM
He may be my new favorite justice now. It sure would be nice to see the commerce clause gutted to a reasonable interpretation.

Agree. Lawyer told me that everything that doesnt fit something else gets lumped under the commerce clause. Time to put an end to that.

Window_Seat
09-03-2011, 8:17 AM
He may be my new favorite justice now. It sure would be nice to see the commerce clause gutted to a reasonable The Proper interpretation.

Fixed it for ya! ;)

Erik.

Uxi
09-03-2011, 8:59 AM
Agree. Lawyer told me that everything that doesnt fit something else gets lumped under the commerce clause. Time to put an end to that.

Right. Seems almost certain Thomas would be even more appalled than I am at the commerce clause being used from everything from the NFA to Barrycare when it's obviously gross abuse for both.

mag360
09-03-2011, 9:04 AM
what a worthwhile read. That was motivating. I love his true to the constitution drive. Aaaaand that he gets the "elites" and liberals riled up.

Maestro Pistolero
09-03-2011, 9:06 AM
Long Live Clarence Thomas.

redneckshootist
09-03-2011, 9:07 AM
Justice Thomas is one of my hero's. I really respect the man, his opinions and views are pretty much the same as mine on pretty much everything not just the 2nd Amendment.

mag360
09-03-2011, 10:26 AM
after reading this I know exactly where Thomas stands on the NFA, GCA 68, and the "hughes amendment". What a boss.