Role of Courts Too Large, Per Clarence Thomas

10/01/11

Interestingly, the focus of Thomas's lecture, according to the September 15^th journalstar.com article, “Thomas says Supreme Court plays too large a role”, was that he feels the courts are being asked to play too big a role in the governance of the country.

Per information at Wikipedia.com, Thomas is generally regarded as one of the most conservative members of the Court. In addition, his approach to federalism issues has resulted in more power being extended to state and local governments; however, at the same time, his opinions have tended to support a strong executive branch in the federal government. He relies on the United States Constitution as a guiding hand, and upholding what he interprets as the original meaning of its statutes.

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Thomas was quoted as saying in the journalstar.com article: “The really hard calls ought to be made by citizens and their political leaders…Our role is too great. I don't know any more about these big moral questions than other people do…It's very important to have a personal modesty about this job. It's very humbling. And when you are humble, you are willing to listen more.”

Major issues Thomas identified as affecting the legal system and the profession in the future included “technology issues, conflicts between growth and the environment,” limited resources, and intellectual property disputes.

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Thomas was also quoted as saying to the students that they live in “a great country (and) an imperfect system.” He advised them to adopt change by trying “not to destroy, but to improve, to make it better.” He explained he was encouraged by what he sees as a resurgence of interest in both “the Constitution and the concept of liberty.” He was quoted as saying: “I am elated people are beginning to be interested in it again.”

It would appear that through his lecture, Thomas, who many would consider in his role as Supreme Court Justice as one of the most powerful individuals and leaders in the nation, is encouraging people to think for themselves, as well as foster a common sense approach to governance. The message is both refreshing and empowering, not only to students of the law, but to private citizens.

Born in 1948, Thomas earned his J.D. from Yale Law School in 1974. He was admitted to law practice in Missouri in 1974. During his career, he served as an assistant attorney general of Missouri, an attorney with Monsanto Co., and legislative assistant to Sen. John Danforth. He also served as assistant secretary for civil rights in the U.S. Department of Education, and as chairman of the U.S. Equal Employment Opportunity Commission. In 1990, he became a judge of the U.S. Court of Appeals for the District of Columbia Circuit in 1990. President George H.W. Bush nominated him as an associate justice of the Supreme Court, and he took his seat on October 23, 1991.

Established in 1995, the purpose of the Roman L. Hruska Institute for the Administration of Justice is to “educate lawyers, law students, and the public-at-large in Nebraska to the importance of the administration of justice, particularly at the federal level through the conduct of symposia and lectures,” according to the newsroom.unl.edu article, “Justice Clarence Thomas to deliver Hruska Lecture Sept. 15”.