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Clarence Thomas

Geburtstag: 23. Juni 1948

Clarence Thomas ist ein US-amerikanischer Jurist und seit dem Jahr 1991 Richter am Obersten Gerichtshof der Vereinigten Staaten . Er ist der einzige Afroamerikaner am höchsten Gericht der Vereinigten Staaten und gilt als Teil des konservativen Flügels des Gerichtshofs.

Zitate Clarence Thomas

„Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law“

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—  Clarence Thomas

Concurring in Adarand v. Pena, 515 U.S. 200 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U10252&friend=oyez (1995).
1990s
Kontext: [I disagree] that there is a racial paternalism exception to the principle of equal protection. I believe that there is a 'moral [and] constitutional equivalence,' between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law.

„Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty“

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—  Clarence Thomas

Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s
Kontext: The Court's decision today is at odds not only with the constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a 'liberty' that the framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it.

„I agree with Ralph Ellison when he asked, perhaps rhetorically, why is it that so many of those who would tell us the meaning of Negro, of Negro life, never bothered to learn how varied it really is.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)
Kontext: I agree with Ralph Ellison when he asked, perhaps rhetorically, why is it that so many of those who would tell us the meaning of Negro, of Negro life, never bothered to learn how varied it really is. That is particularly true of many whites who have elevated condescension to an art form by advancing a monolithic view of blacks in much the same way that the mythic, disgusting image of the lazy, dumb black was advanced by open, rather than disguised, bigots.

„I am a man, a black man, an American.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)
Kontext: Despite some of the nonsense that has been said about me by those who should know better, and so much nonsense, or some of which subtracts from the sum total of human knowledge, despite this all, I am a man, a black man, an American. And my history is not unlike that of many blacks from the deep South. And in many ways it is not that much different from that of many other Americans.

„I come to state that I'm a man, free to think for myself and do as I please.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)
Kontext: I have come here today not in anger or to anger, though my mere presence has been sufficient, obviously, to anger some. Nor have I come to defend my views, but rather to assert my right to think for myself, to refuse to have my ideas assigned to me as though I was an intellectual slave because I'm black. I come to state that I'm a man, free to think for myself and do as I please.

„Even then, though, I cared about people, not theories. I had no wish to spin individual cases into some grandiose, ideologically driven legal theory. I no longer believed in utopian solutions, or the cynical politicians who used them to sucker voters, claiming to care about the poor while actually exploiting them. Not only was I sure that such solutions were doomed to failure, but I also feared that once they failed, the resulting disillusionment would make matters even worse. Yet it was taken for granted in the seventies that the purveyors of these elaborate nostrums were doing the right thing, and anyone who dared to challenge their effectiveness was hooted down. That prospect intimidated me, especially when it came to racial matters.“

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—  Clarence Thomas

Page 115
2000s, (2008)

„As for the matter of my judicial philosophy, I didn't have one- and didn't want one. A philosophy that is imposed from without instead of arising organically from day-to-day engagement with the law isn't worth having. Such a philosophy runs the risk of becoming an ideology, and I'd spent much of my adult life shying away from abstract ideological theories that served only to obscure the reality of life as it's lived.“

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—  Clarence Thomas

Page 238
2000s, (2008)

„The inverse relationship between the bold promises and the effectiveness of the proposed solutions, the frustrations with the so-called system, the subtle and not-so-subtle bigotry and animus towards members of my race made radicals and nationalists of many of us. Yes, I understand the reasons why this is attractive. But it is precisely this -- in its historic form, not its present-day diluted form that I have rejected. My question was whether as an individual I truly believed that I was the equal of individuals who were white. This I had answered with a resounding "yes" in 1964 during my sophomore year in the seminary. And that answer continues to be yes. Accordingly, my words and my deeds are consistent with this answer.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)

„Long after the fact, it occurred to me that this was a metaphor for life- blisters come before calluses, vulnerability before maturity- but not even the thickest of skins could have spared us the lash of Daddy's tongue.“

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—  Clarence Thomas

Pages 25-26
2000s, (2008)

„As I have noted, I find a thoughtful, analytical criticism most helpful. I do not think any judge can address a vast array of cases and issues without testing and re-testing his or her reasoning and opinions in the crucible of debate. However, since we are quite limited in public debate about matters that may come before the court, such debate must, for the most part, occur intramurally, thus placing a premium on outside scholarship.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)

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„I recalled the ants I had watched as a child on the farm, building their hills one grain of sand at a time, only to have them senselessly destroyed in an instant by a passing foot. I'd pieced my life together the same way, slowly and agonizingly. Would it, too, be kicked callously into dust?“

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—  Clarence Thomas

Page 214
2000s, (2008)

„This makes it all the more important that our fallible ideas be examined as all ideas are in the realm of reason, not as some doctrinal or racial heresy. None of us — none of us have been appointed by God or appointed God. And if any of us has, then my question is why hasn't he or she solved all these problems.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)

„As I think back on those years, I find it interesting that many people seemed to have trouble with their identities as black men. Having had to accept my blackness in the caldron of ridicule from some of my black schoolmates under segregation, then immediately thereafter remain secure in that identity during my years at all-white seminary, I had few racial identity problems. I knew who I was and needed no gimmicks to affirm my identity. Nor, might I add, do I need anyone telling me who I am today. This is especially true of the psycho-silliness about forgetting my roots or self-hatred. If anything, this shows that some people have too much time on their hands.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)

„Do I believe that my views or opinions are perfect or infallible? No, I do not. But in admitting that I have no claim to perfection or infallibility, I am also asserting that competing or differing views similarly have no such claim. And they should not be accorded a status of infallibility or any status that suggests otherwise.“

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—  Clarence Thomas

1990s, I Am a Man, a Black Man, an American (1998)

„I can't see myself spending the rest of my life as a judge.“

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—  Clarence Thomas

A Silent Justice Speaks Out http://abcnews.go.com/TheLaw/story?id=3664944&page=1.
1990s

„This is not an opportunity to talk about difficult matters privately or in a closed environment. This is a circus. It's a national disgrace. And from my standpoint, as a black American, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the U. S. Senate rather than hung from a tree.“

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—  Clarence Thomas

Hearing of the Senate Judiciary Committee on the Nomination of Clarence Thomas to the Supreme Court http://etext.lib.virginia.edu/etcbin/toccer-new-yitna?id=UsaThom&images=images/modeng&data=/lv6/workspace/yitna&tag=public&part=24, Electronic Text Center, University of Virginia Library (October 11, 1991).
1990s

„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.“

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—  Clarence Thomas

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'.
Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s

„The majority's decision today will require States to issue marriage licenses to same-sex couples and to recognize same-sex marriages entered in other States largely based on a constitutional provision guaranteeing 'due process' before a person is deprived of his 'life, liberty, or property'. I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. It distorts the constitutional text, which guarantees only whatever 'process' is 'due' before a person is deprived of life, liberty, and property. Worse, it invites judges to do exactly what the majority has done here.“

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—  Clarence Thomas

Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s

„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.“

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—  Clarence Thomas

Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015), pp. 16-17.
2010s

„I knew that until I was ready to tell the truth as I saw it, I was no better than a politician- but I didn't know whether I would ever be brave enough to break ranks and speak my mind.“

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—  Clarence Thomas

Page 116
2000s, (2008)

„Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Etiam egestas wisi a erat. Morbi imperdiet, mauris ac auctor dictum.“

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