It goes without saying that I understand the comforts and security of racial solidarity, defensive or otherwise. Only those who have not been set upo… - Clarence Thomas

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'.

As such, I think that it would be in derogation of our respective oaths and our institutional obligations to our country to engage in uncivil behavior. It would also be demeaning to any of us who engages in such conduct. Having worn the robe, we have a lifetime obligation to conduct ourselves as having deserved to wear the robe in the first instance.

The intensity of my feelings was reinforced by other events of the late '60s: the riots, the marches, the sense that something had to be done, done quickly to resolve the issue of race. In college there was an air of excitement, apprehension and anger. We started the Black Students Union. We protested. We worked in the Free Breakfast Program. We would walk out of school in the winter of 1969 in protest.