Original Sin: Clarence Thomas and the Failure of the Constitutional Conservatives

By Samuel Marcosson

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.
Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutional decision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.

• Format: Hardcover
• Language: English
• ISBN: 0814756409
• ISBN13: 9780814756409
• Release Date: June 2002
• Publisher: New York University Press
• Length: 218 Pages
• Weight: 1.06 lbs.
• Dimensions: 0.8" x 6.4" x 9.3"

Customer Reviews

Thoughtful, Important, and Well-Written

Marcosson has written a detailed, thorough analysis, in a book that is very readable. Its a great read. It is so good that I wish there was more of it -- an updated edition? an analysis of swing-vote Justices? a look at Justice Breyer? . . . . Whenever an author leaves me wanting more, the book is a success.

MARCOSSON IS BRILLIANT

Like a master surgeon, Marcosson uses his scalpel ingeniously to dissect his arguments. His analysis is even-handed, all the while moving the reader to understand, if not necessarily accept his conclusions. As his high school debate coach, I was always impressed with his argumentation, even though we were on opposite ends of the political spectrum. In Original Sin Marcosson continues to practice the dying art of ciivil discourse on controversial topics. The book may well become a seminal text for the liberal interpretation of The Constitution.

OHMIGODTHISBOOKISINCREDIBLE

When I first started reading this book, I wanted to throw it across the room. However, I then realized that the ingenuity of the contrivance reminded me of Tony Pena's brilliant use of Ken Harvey in the famed Royals-Twins game of the 18th of June, 2004. From then on it was golden.