'The People's Justice' — A Conversation with Judge Amul Thapar about Justice Clarence Thomas
Nov 20, 2023
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Judge Amul Thapar, a federal judge, joins Albert Mohler on the podcast to discuss his book about Justice Clarence Thomas. Topics include originalism empowering the weak, the relationship between the Declaration of Independence and the US Constitution, battles over eminent domain, the importance of originalist arguments in legal discourse, and the power of spreading knowledge despite leftism on college campuses.
Originalism protects the rights of the weak and disenfranchised by interpreting the Constitution based on its original meaning.
Justice Clarence Thomas's consistent originalist approach challenges criticisms of originalism favoring the wealthy and powerful.
Engaging with originalist arguments is crucial for legal professionals to understand the significant impact of originalism in the legal system.
Deep dives
The Power of Originalism and the Jurisprudence of Justice Clarence Thomas
This podcast episode explores the power and significance of originalism in the jurisprudence of Justice Clarence Thomas. Judge Moulton Thapar, the guest on the episode, discusses his book 'The People's Justice: Clarence Thomas and the Constitutional Stories' and explains why he chose to study Justice Thomas and his originalist decisions. He emphasizes the importance of understanding and interpreting the Constitution based on its original meaning, particularly in protecting the rights of the weak and disenfranchised. Thapar highlights a case, Kilo v. New London, which showcases Thomas's consistent originalist approach and his dissenting views on eminent domain and property rights. Thapar shed light on how originalism can empower individuals and communities by upholding the Constitution's original intent and protecting the rights of the people.
Understanding the Book's Purpose and Surprise Findings
Thapar discusses his motivation for writing his book on Justice Clarence Thomas and the unexpected findings he discovered during the research process. He explains that he initially set out to provide a layperson-friendly introduction to originalism but was surprised by his examination of Justice Thomas's decisions. Thapar found that Justice Thomas's consistent originalist approach challenged common criticisms of originalism favoring the wealthy and powerful. Instead, Thomas's rulings demonstrated a commitment to protecting the rights of the weak and marginalized, aligning with the original purpose of the Constitution. Thapar argues that his book seeks to dispel misconceptions about originalism and presents a vivid portrayal of what an originalist America would look like.
The Influence of Originalism and the Need for Understanding
Thapar highlights the impact of originalism in the legal system, particularly on the U.S. Supreme Court. While acknowledging that not all lawyers and law professors embrace originalism, he asserts that studying originalist arguments is crucial for legal professionals due to the significant number of originalist justices on the bench. Thapar stresses the importance of engaging in productive discussions and debates about originalism, encouraging individuals to read books like his to gain a deeper understanding of originalist jurisprudence. He suggests that by engaging with the material, critics of originalism may find their preconceptions challenged and their perspectives broadened.
Originalism and Protecting the Rights of the Weak
Thapar explains that originalism, as exemplified by Justice Clarence Thomas, empowers the weak and protects individual rights. He highlights the concern of the anti-Federalists about a powerful and encroaching federal government that could infringe upon the rights of individuals. Originalism, Thapar argues, reflects the founders' intentions of limiting government power and providing robust protection for individual rights, particularly for the most vulnerable members of society. By examining specific cases, Thapar demonstrates how Justice Thomas's originalist approach consistently supports the protection of the rights of the weak and disenfranchised.
The Importance of Originalism and Preserving the Constitution's Intent
Thapar discusses the significance of originalism in preserving the intent of the Constitution and the need for judges to adhere to the original meaning of its text. He contrasts originalism with living constitutionalism, emphasizing the importance of trusting the American people and preserving their individual rights, rather than allowing judges to interpret the Constitution based on their own preferences or adapting it to fit the times. Thapar argues that originalism ensures that the people's rights are protected and prevents the concentration of power in the hands of a few individuals. He encourages readers to consider who they trust to safeguard their rights and demonstrates how originalism can provide a stronger foundation for protecting individual liberty.
This is Thinking in Public, a program dedicated to intelligent conversation about frontline theological and cultural issues with the people who are shaping them.
In this edition of the popular podcast series “Thinking in Public,” Albert Mohler speaks with federal judge, Amul Thapur. They discuss his recent book, “The People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him.” If you enjoyed this episode of Thinking in Public, you can find many more of these conversations here. You can purchase “The People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him” here.
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