Too Many Rights?

via Steve Benen, Clarence Thomas believes we have to many rights.

‘Today there is much focus on our rights,” Justice Thomas said. “Indeed, I think there is a proliferation of rights.”

“I am often surprised by the virtual nobility that seems to be accorded those with grievances,” he said. “Shouldn’t there at least be equal time for our Bill of Obligations and our Bill of Responsibilities?”

This is interesting because far from having to many rights the recent talk has been about the erosion of rights. I happen to think allowing the government to spy on Americans without warrants is a violation of our 4th amendment right. I think plenty of people have their due process and equal protection rights violated by failures in our justice system. I really hope Thomas doesnt want to get rid of those first ten amendments to the constitution. If not those then, what does he want to get rid of?

In all likelihood thomas is making his originalist argument against things like the right to privacy or other rights created under an illustrative view of the constitution. An originalist and textualist would have to feel that anything not spelled out in the document is not a right and given that the Court has read some rights into the constitution, see Roe v. Wade, this would be giving americans too many rights.

Still thomas has a get off my lawn quality to him and i hope he retires so he doesnt have to deal with people anymore.