Clarence Thomas: Use

Clarence Thomas is Associate Justice of the Supreme Court of the United States. Explore interesting quotes on use.
Clarence Thomas: 200   quotes 0   likes

“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.”

Clarence Thomas

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

Life , Learning

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

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
Context: [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.

Law

“One opinion that is trotted out for propaganda, for the propaganda parade, is my dissent in Hudson vs. McMillian. The conclusion reached by the long arms of the critics is that I supported the beating of prisoners in that case. Well, one must either be illiterate or fraught with malice to reach that conclusion. Though one can disagree with my dissent, and certainly the majority of the court disagreed, no honest reading can reach such a conclusion. Indeed, we took the case to decide the quite narrow issue, whether a prisoner's rights were violated under the 'cruel and unusual punishment' clause of the Eighth Amendment as a result of a single incident of force by the prison guards which did not cause a significant injury. In the first section of my dissent, I stated the following: 'In my view, a use of force that causes only insignificant harm to a prisoner may be immoral; it may be tortuous; it may be criminal, and it may even be remediable under other provisions of the Federal Constitution. But it is not cruel and unusual punishment.' Obviously, beating prisoners is bad. But we did not take the case to answer this larger moral question or a larger legal question of remedies under other statutes or provisions of the Constitution. How one can extrapolate these larger conclusions from the narrow question before the court is beyond me, unless, of course, there's a special segregated mode of analysis.”

Clarence Thomas

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

Question , Support , Reading

“I had manufactured artificial goals as a means of motivating myself, using my longing for money, cars, and other material possessions to create a false sense of purpose. They had worked on me like spoonfuls of sugar- a jolt of energy that soon faded, leaving behind the pangs of a deeper hunger. I had cut myself off from the transcendent hope of religion, and now a vast and frightening expanse of uncertainty lay before me.”

Clarence Thomas

Pages 116-117
2000s, (2008)

Money , Hunger , Religion , Hope

“Thank you, Judge Keith, for your kind, warm words. As always, I deeply appreciate the manner in which you have made yourself available over the years for counsel and advice. And I appreciate your courteous and dignified example over the past 15 years. And I might add parenthetically here, I met Judge Keith in the early '80s when I was trying to figure out a way to distribute in excess of 10 million dollars to minorities for scholarships, and was being opposed by individuals who should have been supporting us. And it was his advice and counsel that bolstered us in that effort. We who are just commencing our tenures as judges can only hope to emulate your positive spirit and the strength of character that you've always demonstrated.”

Clarence Thomas

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

Hope , Way , Support , Effort

“The black people I knew came from different places and backgrounds- social, economic, even ethnic- yet the color of our skin was somehow supposed to make us identical in spite of our differences. I didn't buy it. Of course we had all experienced racism in one way or another, but did that mean that we had to think alike?”

Clarence Thomas

Page 62
2000s, (2008)

People , Color , Way , Thinking

“I've come to assert that I am a judge and I will not be consigned the unquestioned opinions of others. But even more than that, I have come to say that isn't it time to move on? Isn't it time to realize that being angry with me solves no problems? Isn't it time to acknowledge that the problem of race has defied simple solutions and that not one of us, not a single one of us can lay claim to the solution? Isn't it time that we respect ourselves and each other as we have demanded respect from others? Isn't it time to ignore those whose sole occupation is sowing seeds of discord and animus? That is self-hatred. Isn't it time to continue diligently to search for lasting solutions? I believe that the time has come today. God bless each of you, and may God keep you.”

Clarence Thomas

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

God , Search , Problem , Time

“Long gone is the time when we opposed the notion that we all looked alike and talked alike. Somehow we have come to exalt the new black stereotype above all and to demand conformity to that norm. It is this notion — that our race defines us -- that Ralph Ellison so eloquently rebuts in his essay, "The World and the Jug." He sees the lives of black people as more than a burden, but also a discipline, just as any human life which has endured so long is a discipline, teaching its own insights into the human condition, its own strategies of survival. There's a fullness and even a richness here. And here despite the realities of politics, perhaps, but nevertheless here and real because it is human life.”

Clarence Thomas

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

Life , People , World , Reality

“But three decades have evaporated in our lives, too quickly and without sufficient residual evidence of their importance. But much has changed since then. The hope that there would be expeditious resolutions to our myriad problems has long since evaporated with those years. Many who debated and hoped then, now do neither. There now seems to be a broad acceptance of the racial divide as a permanent state. While we once celebrated those things that we had in common with our fellow citizens who did not share our race, so many now are triumphal about our differences, finding little, if anything, in common. Indeed, some go so far as to all but define each of us by our race and establish the range of our thinking and our opinions, if not our deeds by our color.”

Clarence Thomas

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

Hope , Color , Problem , Thinking

“I, for one, see this in much the same way I saw our denial of rights — as nothing short of a denial of our humanity. Not one of us has the "gospel," nor are our opinions based upon some revealed precepts to be taken as faith. As thinking, rational individuals, not one of us can claim infallibility, even from the overwhelming advantage of hindsight and Monday-morning quarterbacking.”

Clarence Thomas

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

Faith , Way , Thinking

“The life I had dreamed of so often during those hot summers on the farm in Georgia or during what seemed like endless hours on the oil truck with my grandfather, expired as Dr. King expired. As so many of you do, I still know exactly where I was when I heard the news. It was a low moment in our nation's history and a demarcation between hope and hopelessness for many of us.”

Clarence Thomas

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

Life , Dreams , Hope , History

“For a time we wondered why our real father didn't come and rescue us, but we had long since accepted our fate by the time we finally met him.”

Clarence Thomas

Page 12
2000s, (2008)

Fate , Time

“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.”

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

Law , Way , Change , Personality

“In enacting the Fifth Amendment’s Due Process Clause, the Framers similarly chose to employ the 'life, liberty, or property' formulation, though they otherwise deviated substantially from the States' use of Magna Carta's language in the Clause. When read in light of the history of that formulation, it is hard to see how the 'liberty' protected by the Clause could be interpreted to include anything broader than freedom from physical restraint. That was the consistent usage of the time when 'liberty' was paired with 'life' and 'property'. And that usage avoids rendering superfluous those protections for 'life' and 'property.”

Clarence Thomas

If the Fifth Amendment uses 'liberty' in this narrow sense, then the Fourteenth Amendment likely does as well.
Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015).
2010s

Life , History , Sense , Freedom

“To define each of us by our race is nothing short of a denial of our humanity.”

Clarence Thomas

As quoted in "The New Republic Calls Out Harry Reid on Clarence Thomas" http://www.dinocrat.com/archives/2004/12/08/the-new-republic-calls-out-harry-reid-on-clarence-thomas/ (December 2004), DinoCrat.
1990s

“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.”

Clarence Thomas

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

God , Idea , Question , Problem

“There's a rush today to prescribe who is black, to prescribe what our differences, or to ignore what our differences, are. Of course, those of us who came from the rural South were different from the blacks who came from the large northern cities, such as Philadelphia and New York. We were all black. But that similarity did not mask the richness of our differences. Indeed, one of the advantages of growing up in a black neighborhood was that we were richly blessed with the ability to see the individuality of each black person with all its fullness and complexity. We saw those differences at school, at home, at church, and definitely at the barbershop on Saturday morning.”

Clarence Thomas

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

School , Home , Personality

“But the questioning for me started in the spring of 1970 after an unauthorized demonstration in Cambridge, Massachusetts, to "free the political prisoners." Why was I doing this rather than using my intellect? Perhaps I was empowered by the anger and relieved that I could now strike back at the faceless oppressor. But why was I conceding my intellect and rather fighting much like a brute? This I could not answer, except to say that I was tired of being restrained.”

Clarence Thomas

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

Spring , Question , Fight , Anger

“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.”

Clarence Thomas

Pages 25-26
2000s, (2008)

Life

“Even if the doctrine of substantive due process were somehow defensible, it is not, petitioners still would not have a claim. To invoke the protection of the Due Process Clause at all, whether under a theory of 'substantive' or 'procedural' due process, a party must first identify a deprivation of 'life, liberty, or property'. The majority claims these state laws deprive petitioners of 'liberty', but the concept of 'liberty' it conjures up bears no resemblance to any plausible meaning of that word as it is used in the Due Process Clauses.”

Clarence Thomas

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

Life , Law