I was excited to see my latest copy of Hillsdale's Imprimis featured my favorite Supreme Court Justice. Reading through this interview, Thomas demonstrates his clear thinking and straightforward manner which has garnered him many enemies.
Thomas answers the question, "What is your purpose in writing your opinions?"
This sounds pretty straightforward and commonsensical, does it not? The preceding paragraphs encapsulate why he is hated by those who would see their brand of justice enforced by the mighty arm of the federal government.
My job is to apply the Constitution. And here’s a useful lesson: You hear people talk all the time about the Bill of Rights. But you should always keep in mind that the Bill of Rights was an afterthought. That’s why it’s made up of what are called amendments. It was not in the original Constitution. The rights in the Bill of Rights were originally assumed as natural rights, and some people at the time thought that writing them into the Constitution was redundant. Read the Declaration of Independence. We should always start, when we read the Constitution, by reading the Declaration, because it gives us the reasons why the structure of the Constitution was designed the way it was. And with the Constitution, it was the structure of the government that was supposed to protect our liberty. And what has happened through the years is that the protections afforded by that structure have been dissipated. So my opinions are often about the undermining of those structural protections.
People need to know about that. Many might say, “Well, they are writing about the Commerce Clause, and nobody cares about that.” But they should care about it. The same is true of the doctrine of incorporation. The same is true of substantive due process. People should care about these things. And I try to explain why clearly in my opinions.