Strengthening Constitutional Self-Government

No Left Turns

The Declaration and Justice Thomas’s Jurisprudence

I can’t add any detail to what has already been said. I would observe that Justice Thomas’s jurisprudence owes to the Declaration a commitment to real original intent-- by which I mean a zeal to return our mode of governance to limited government, as the Founders wanted it. That is the core meaning of having a jurisprudence of natural rights.

The "Constitution" we have today does not correspond with the document that the Founders gave us. To have natural rights in mind when one interprets the Constitution is to take the objects of such government with utmost seriousness-- limited government, the rule of law, the separation of powers, among other principles. Hence Thomas’s controversial (even among conservative fans of his) federalism opinons.

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