Of course there is much criticism of the court by this group or that, depending on the court's decisions in various highly publicized cases. Some of … - Clarence Thomas

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Of course there is much criticism of the court by this group or that, depending on the court's decisions in various highly publicized cases. Some of the criticism is profoundly uninformed and unhelpful. And all too often, uncivil second-guessing is not encumbered by the constraints of facts, logic or reasoned analysis.

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About Clarence Thomas

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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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.

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