Original Sin: Clarence Thomas and the Failure of the Constitutional Conservatives(2002)
Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws—including self-interested reasoning and the manipulation of doctrine—that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court.
Publication DateJune 17, 2002
Citation InformationSamuel A. Marcosson. Original Sin: Clarence Thomas and the Failure of the Constitutional Conservatives. (2002)
Available at: http://works.bepress.com/samuel-marcosson/4/