"Marcossen has written a good book. Its tone is appropriate, its
arguments are provocative, and its subject matter is
significant."--"The Law and Politics Book Review," Vol.12, No. 7
"Brilliantly dissecting Thomas' and his philosophical mentor
Antonin Scalia's conservatism, Marcossen resembles a master debater
delivering a crushing final summation."-- "Booklist," August
2002
"Without a doubt, this is one of the best pieces of
constitutional law scholarship published in some time."
-- "Choice"
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
constitutionaldecision-making, the author goes on to offer an
alternative approach: one that lends greater legitimacy to the
Court's interpretations of the Constitution.
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