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Title: First Principles: The Jurisprudence of Clarence Thomas by Scott Douglas Gerber ISBN: 0-8147-3099-X Publisher: New York University Press Pub. Date: January, 1999 Format: Hardcover Volumes: 1 List Price(USD): $60.00 |
Average Customer Rating: 4.6 (5 reviews)
Rating: 5
Summary: An exceptional book
Comment: This is an exceptional book. What Gerber has done is to avoid the political panderings of both the left and right wing and given us an objective, unbiased consideration of Justice Thomas'opinions. What a pleasure to read a book based in data not political philosophy. Plus the book is very well written. Kudos to Mr Gerber
Rating: 5
Summary: a remarkably intelligent-and courageous-study.
Comment: While it is true to say that Clarence Thomas is one of the most vilified men to sit on the Supreme Court, it must also besaid that he has also often suffered from having the wrong kind of defenders. With the lonely exception of Senator John Danforth, practically none of Thomases defenders has taken the time to understand his thought or character. Finally, an inteeligent book has been written about Thomas, by someone who comes neither to glorify or condemn Clarence Thomas, but to UNDERSTAND him. Scot Gerber is one of the fastest rising stars in American constitutional thought.In this fine study, he analyzes Thomases opinions, and concludes that Thomas is not simply a tail to Antonin Scalias intellectual kite. Instead, Clarence Thomas ins a thoughtful, highly principled jurist, with a much deeper undrstanding of our Constitution and its foundations than many of his colleagues on the Court,(And the entire Democratic membership of the Senate Judiciary commitee, for that matter.)While Gerber is critical of many of Thomas' opinions,he is never crudely dismissive. Instead, he shows just how scholarly and intelligent this very misunderstood justice is.Why do I call this book 'courageous'.For one reason, and one reason alone. As I have already said, Scott Gerber is a rising star of constitutional theory.He is also a Liberal, in the classical, libertarian sense. However, in defending Thomas, he has risked prevoking the wrath of some very influential people. He has several hair -raising anecdotes in this book about how reputable law reviews have refused to print anything favorable to Clarence Thomas, and it is indeed doubtful that this fine book will meet with the respect it deserves.Even now, it has only been reviewed in 'conservative' magazines, while such organs of "liberalism" as The New Republic ,The New York Review of Books,and The New York Times have greeted it with silence.One can only hope that Americas leading law reviews will not follow in their footsteps,and instead show the same maturity and courage as Scott Gerber.Both he and Justice Thomas deserve respect.
Rating: 4
Summary: A fair and balanced portrait of Justice Clarence Thomas.
Comment: In writing "First Principles," Scott Douglas Gerber has done something that few, if any, members of the media or legal cognoscenti have even contemplated: giving Justice Thomas a "fair shake."
Mr. Gerber should be commended for presenting a balanced portrait of Justice Thomas's jurisprudence. Gerber dispells the myth that Justice Thomas is merely Justice Scalia's second vote.
Mr. Gerber also does a good job of exposing the intellectual dishonesty of Thomas's critics. The picture he paints is clear: the current civil rights movement hates Thomas because he fails to tow the liberal, collectivist line. He actually thinks for himself. How remarkable!
After reading this book there can be no doubt that Thomas is his own man. Of course those of us who have taken the time out to actually READ HIS OPINIONS already knew this to be the case.
The only fault that I can find with this book is Mr. Gerber's mischaracterization of originalism. On page 183 of his book Gerber writes that conservative originalism is a flawed method of constitutional interpretation, musing "Why that document? Why that framer?"
Originalism is not that simple. As noted by Justice Scalia is his recent book, A Matter of Interpretation, "It is curious that most of those who insist that the drafter's intent gives meaning to a statute reject the drafter's intent as the criterion for interpretation of the Constitution. I reject it for both. I will consult the writings of some men who happened to be delegates to the Constitutional Convention--Hamilton's and Madison's writings in The Federalist for example. I do so, however, not because they were Framers and therefore their intent is authoritative and must be law; but rather because their writings, like those of other intelligent and informed people of the time, display how the text of the Constitution was originally understood. Thus I give equal weight to Jay's pieces in The Federalist, and to Jefferson's writings, even though neither of them was a Framer. What I look for in the Constitution is precisely what I look for in a statute: the original meaning of the text, not what the original draftsmen intended." (see page 38)
It is interesting to note that Gerber's definition of "originalism" closely parallels the above-referenced quote by Justice Scalia. In a footnote on page 47, Gerber defines "conservative originalism" as maintaining that "the Constitution should be interpreted as the Framers themselves would have interpreted it."
The documents and Framers consulted by judges, or legal scholars, to interpret the Constitution are ONLY IMPORTANT to the degree that they shed light on how the words used in the text of the Constitution were understood by the men who drafted and ratified it. Originalism is not perfect, and it does not answer all constitutional questions or inquiries. But this method of constitutional interpretation works 95% of the time. The problem is that most judges are NOT looking for the answer to a constitutional question, they are looking for a way to justify their agenda. After writing this book and evaluating the superficial jurisprudence of other Supreme Court Justices (e.g. Stevens, Souter, etc.), I have a feeling that Mr. Gerber understands this reality all to well.
With that small criticism noted, I highly recommend this book. A job well done!
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Title: Clarence Thomas : A Biography by Andrew Peyton Thomas ISBN: 1893554368 Publisher: Encounter Books Pub. Date: September, 2002 List Price(USD): $29.95 |
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Title: Coercing Virtue: The Worldwide Rule of Judges by Robert H. Bork ISBN: 0844741620 Publisher: AEI Press Pub. Date: September, 2003 List Price(USD): $25.00 |
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Title: Justice Antonin Scalia and the Conservative Revival by Richard A., Jr. Brisbin ISBN: 0801860946 Publisher: Johns Hopkins Univ Pr Pub. Date: November, 1998 List Price(USD): $22.95 |
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Title: The TEMPTING OF AMERICA by Robert H. Bork ISBN: 0684843374 Publisher: Free Press Pub. Date: 01 January, 1997 List Price(USD): $16.00 |
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Title: A Matter of Interpretation by Antonin Scalia, Amy Gutmann ISBN: 0691004005 Publisher: Princeton Univ Pr Pub. Date: 27 July, 1998 List Price(USD): $16.95 |
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