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If There Can Be Only One . . .

. . . piece that you read today (besides all of NRO!), let it be this one, by Walter Russell Mead. Using Jeffrey Toobin’s New Yorker profile of Clarence and Virginia Thomas as his launching pad, Mead delivers himself of such observations as:

There are few articles of faith as firmly fixed in the liberal canon as the belief that Clarence Thomas is, to put it as bluntly as many liberals do, a dunce and a worm. Twenty years of married life have not erased the conventional liberal view of his character etched by Anita Hill’s testimony at his confirmation hearings. Not only does the liberal mind perceive him as a disgusting lump of ungoverned sexual impulse; he is seen as an intellectual cipher. Thomas’ silence during oral argument before the Supreme Court is taken as obvious evidence that he has nothing to say and is perhaps a bit intimidated by the verbal fireworks exchanged by the high profile lawyers and his more, ahem, ‘qualified’ colleagues.

At most liberals have long seen Thomas as the Sancho Panza to Justice Antonio Scalia’s Don Quixote, Tonto to his Lone Ranger. No, says Toobin: the intellectual influence runs the other way. Thomas is the consistently clear and purposeful theorist that history will remember as an intellectual pioneer; Scalia the less clear-minded colleague who is gradually following in Thomas’ tracks.

And:

If Toobin’s revisionist take is correct, (and I defer to his knowledge of the direction of modern constitutional thought) it means that liberal America has spent a generation mocking a Black man as an ignorant fool, even as constitutional scholars stand in growing amazement at the intellectual audacity, philosophical coherence and historical reflection embedded in his judicial work.

And:

If gun control and Obamacare were the only issues at stake in the constitutional debate, liberals would find Thomas annoying but not dangerous. Losing on gun control and health care frustrate and annoy the center left, but those are only two items on a long list of liberal concerns.

The real problem will come if Thomas can figure out how to get the Tenth Amendment back into constitutional thought in a serious way. The Second Amendment was a constitutional landmine for the left; the Tenth is a nuclear bomb.

And best of all:

Taken seriously today, that approach to the Constitution would change the way Washington does business. Radically. The list of enumerated powers is short and does not include, for example, health care, education, agricultural subsidies, assistance to the hungry or old age pensions. Most of the New Deal and Great Society (with the interesting exception of civil rights laws which enforce the Civil War era amendments) would be struck down. Whole cabinet departments would close.

As Glenn Reynolds likes to say: read the whole thing. You can thank me for making your day later.

New on The Corner. . .


COMMENTS   14

EXPAND  

   08/29/11 12:38

10th Amendment, eh? Another reason I like Perry!

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   08/29/11 12:44

Repeat after me (says Justice Thomas):

“When faced with a clash of constitutional principle and a line of unreasoned cases wholly divorced from the text, history, and structure of our founding document, we should not hesitate to resolve the tension in favor of the Constitution’s original meaning.”

From his dissent in the Kelo decision. It really doesn't have to be that difficult.

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   JRapp
   08/29/11 13:06

I agree with much of the author, except the characterization of Justice Scalia as the “less clear minded coleague.” Scalia is one of the most brilliant legal minds to have ever graced the SCOTUS and his opinions are like a primer in how to think about Con Law, so its not possible to characterize Sclaia that way in comparison to anyone else. The Left does give Thomas short shrift though, his originalist interpretations are all his own and worth taking seriously, and yes, much of the Left’s characterization of Thomas as an intellectual light weight would have universally been deemed de facto racist if a Conservative had similarly accused a liberal justice such as Thurgood Marshal.

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Joe the Plumber
   08/29/11 13:11

Thank you for making my day.

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   08/29/11 13:21

Yes, thank you Michael, your link made my day.

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   08/29/11 13:43

I believe the liberal hate directed at Clarence Thomas is fueled by the fact that he's a conservative Republican black man, not by Anita Hill's testimony. In fact, it seems likely her testimony was a product of the liberal hate, not a reason for it. Someone, somewhere encouraged her to do what she did, perhaps by promising a very different result.

Liberals hate Clarence Thomas because his life is a rejection of everything they encourage black Americans to believe. Liberals can't destroy the life the man has lived, so they try to destroy the character of the man. Instead of using Clarence Thomas as an example of what black Americans can achieve, they demonize him as a black man to be despised.

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   08/29/11 13:47

don't get my hopes up until ind. mandate in obamacare is struck down by SCOTUS. better yet, most of the darn law is struck down. as to whole fed depts. eliminated, i'll believe it when i see it.

Mead's article is great, though, and the original NYorker article is waiting when I have more time to read it (10 internet pages).

you can thank the bushes, both 41 and 43, for the rightward tack of the court. bush 41 messed up big time with souter but did give us thomas.

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SRJ
   08/29/11 15:58

Has anybody heard from Harry "mediocre writings' Reid?

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   08/29/11 16:58

I saw Mead's article earlier this a.m. Nevertheless, thank you!

Toobin's piece is telling evidence that the Left now fears Justice Thomas. They should, for they have done everything possible to discredit him in the vilest terms, and have failed miserably. The Left has no remaining option but to engage Justice Thomas on the battlefield of ideas. There is every reason to believe the Left knows it enters that engagement seriously under-gunned.

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Joe Doaks
   08/29/11 17:27

Gnosticism is an ancient human fallacy. You can see it in anyone who 'hates stupidity,' from militant atheists to liberal democrats, who get mad that the opposition, Don't. Even. Know! how dumb they are. The early-20th century socialists couldn't understand why the police weren't on their side (being exploited workers themselves). Modern Liberals can't understand why a black man would wander off the plantation. Being allergic to thought (note haw many things are 'settled,' from C Thomas to Global Warming), they are impatient with questions. We know more than you - shut up, they explain. When someone thinks they possess secret knowledge received through whatever is the secular equivalent of divine revelation, it's not usually productive to attempt engage them rationally, or even to make sense of them.

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   08/29/11 18:51

My main criticism is that Mead gives Toobin too much credence as a student of the law. He's a student of the law in the same way that National Enquirer is serious social commentary.

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Brian77
   08/29/11 20:14

That's unfair to The National Enquirer, which doesn't have Toobin's record of factual inaccuracy.

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Brian77
   08/29/11 20:11

I've been following Justice Thomas as the most serious intellectual and historian on the Supreme Court since his lengthy dissent in the Term Limits case back in 1994:
External Link 

The people who've been portraying Justice Thomas as not bright are either misinformed or operating in bad faith, and many times both, because it's their irrational animus which causes them to refuse to read Justice Thomas' decisions.

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