Associate Justice of the Supreme Court of the United States since 1991
Clarence Thomas (born 23 June 1948) is an American judge who serves as an Associate Justice of the Supreme Court of the United States. He is the second African American to serve on the nation's highest court.
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I could tell...that my friends were doing their best to get across the message that I wasn't Frankenstein's monster but a perfectly normal human being. What they didn't understand was that my opponents didn't care who I was. Even if they had wanted to know the truth about me, it would have made no sense to them, since I refused to stay in my place and play by their rules and was too complicated to fit into their simple-minded, stereotypical pigeonholes. In any case, I couldn't be defeated without first being caricatured and dehumanized...[T]hey couldn't allow my life to be seen as the story of an ordinary person who, like most people, had worked out his problems step by unsure step. That would have been too honest-and too human.
Merely because I was black, it seemed, I was supposed to listen to Hugh Maskela instead of Carole King, just as I was expected to be a radical, not a conservative. I no longer cared to play that game ... The black people I knew came from different places and backgrounds - social, economic, even ethnic - yet the color of our skin was somehow supposed to make us identical in spite of our differences. I didn't buy it. Of course we had all experienced racism in one way or another, but that did not mean we had to think alike
"Many of the women I met there (Yale) had come from the most privileged of circumstances, yet they often referred to themselves as "oppressed." I found it hard to take their "oppression" seriously, since I'd spent the first part of my life living among black women who cooked and kept house for the middle and upper class whites of Savannah. They never talked about being oppressed. What right, then, did the elite white women of Yale have to complain about their lot?"
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I began to suspect that Daddy had been right all along: The only hope I had of changing the world was to change myself first. I thought of the many times that he and I had delivered fresh-picked farm produce to one of our elderly relatives. On such occasions he never failed to remind me that if we hadn’t worked so hard to grow it, we wouldn’t be able to give it to those who needed help.
"Daddy had never been able to understand how I, a college student, could consider myself "oppressed." He didn't think of himself that way and didn't see why I should. My job, he insisted time and again, was to "play the hand you're dealt," the way he'd done his whole life. Besides, I had a better hand than he'd ever held - and we both knew it. My life was full of opportunities of which he had never dared to dream. All I had to do was reach out and take them. What right, then, did I have to whine about "the man" ?... I'd been drunk on revolutionary rhetoric, but now I knew it was nothing more than talk."
Human dignity has long been understood in this country to be innate. When the framers proclaimed in the Declaration of Independence that 'all men are created equal' and 'endowed by their Creator with certain unalienable Rights', they referred to a vision of mankind in which all humans are created in the image of God and therefore of inherent worth. That vision is the foundation upon which this nation was built. The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity, any more than they lost their humanity, because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.
In enacting the Fifth Amendment’s Due Process Clause, the Framers similarly chose to employ the 'life, liberty, or property' formulation, though they otherwise deviated substantially from the States' use of Magna Carta's language in the Clause. When read in light of the history of that formulation, it is hard to see how the 'liberty' protected by the Clause could be interpreted to include anything broader than freedom from physical restraint. That was the consistent usage of the time when 'liberty' was paired with 'life' and 'property'. And that usage avoids rendering superfluous those protections for 'life' and 'property'. If the Fifth Amendment uses 'liberty' in this narrow sense, then the Fourteenth Amendment likely does as well.
After Magna Carta became subject to renewed interest in the 17th century, William Blackstone referred to this provision as protecting the 'absolute rights of every Englishman'. And he formulated those absolute rights as 'the right of personal security', which included the right to life; 'the right of personal liberty'; and 'the right of private property'. He defined 'the right of personal liberty' as 'the power of loco-motion, of changing situation, or removing one's person to whatsoever place one’s own inclination may direct; without imprisonment or restraint, unless by due course of law'. The Framers drew heavily upon Blackstone's formulation, adopting provisions in early State Constitutions that replicated Magna Carta's language, but were modified to refer specifically to 'life, liberty, or property'. State decisions interpreting these provisions between the founding and the ratification of the Fourteenth Amendment almost uniformly construed the word 'liberty' to refer only to freedom from physical restraint. Even one case that has been identified as a possible exception to that view merely used broad language about liberty in the context of a habeas corpus proceeding—a proceeding classically associated with obtaining freedom from physical restraint.
As used in the Due Process Clauses, 'liberty' most likely refers to 'the power of loco-motion, of changing situation, or removing one's person to whatsoever place one's own inclination may direct; without imprisonment or restraint, unless by due course of law'. That definition is drawn from the historical roots of the Clauses and is consistent with our Constitution’s text and structure. Both of the Constitution’s Due Process Clauses reach back to Magna Carta. Chapter 39 of the original Magna Carta provided ',No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land'. Although the 1215 version of Magna Carta was in effect for only a few weeks, this provision was later reissued in 1225 with modest changes to its wording as follows: 'No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers or by the law of the land'. In his influential commentary on the provision many years later, Sir Edward Coke interpreted the words 'by the law of the land' to mean the same thing as 'by due proces of the common law'.
Even if the doctrine of substantive due process were somehow defensible, it is not, petitioners still would not have a claim. To invoke the protection of the Due Process Clause at all, whether under a theory of 'substantive' or 'procedural' due process, a party must first identify a deprivation of 'life, liberty, or property'. The majority claims these state laws deprive petitioners of 'liberty', but the concept of 'liberty' it conjures up bears no resemblance to any plausible meaning of that word as it is used in the Due Process Clauses.
By straying from the text of the Constitution, substantive due process exalts judges at the expense of the People from whom they derive their authority. Petitioners argue that by enshrining the traditional definition of marriage in their State Constitutions through voter-approved amendments, the States have put the issue 'beyond the reach of the normal democratic process'. But the result petitioners seek is far less democratic. They ask nine judges on this Court to enshrine their definition of marriage in the Federal Constitution and thus put it beyond the reach of the normal democratic process for the entire Nation. That a 'bare majority' of this Court is able to grant this wish, wiping out with a stroke of the keyboard the results of the political process in over 30 States, based on a provision that guarantees only 'due process' is but further evidence of the danger of substantive due process.