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What Will The Clarence Thomas Appointment Mean?

By Jay Rogers
Published September 1, 1991

U.S. Circuit Judge Clarence Thomas has been nominated to replace retiring Supreme Court Justice Thurgood Marshall. Thomas was born in segregated poverty in Georgia in 1948. He was raised by his maternal grandparents. Clarence’s story is one of hard work, honesty, dedication, and the will to achieve anything no matter what the circumstances.

Jet magazine epitomized Thomas’ story: “The hope that he now offers all those who struggle to make something of themselves is his impressive story of the hope that enabled him to rise from poverty to the Supreme Court.”

Judge Thomas described his background in 1987: “God was central. School, discipline, hard work, and knowing right from wrong were of the highest priority.” Thomas now attends a charismatic Episcopal church. From his humble beginnings, his story has been one of a triumph of faith over adversity.

“The reason I became a lawyer,” said Thomas, “was to make sure that minorities, individuals who did not have access to this society, gained access. Now I may differ as to how best to do that, but the objective has always been to include those who have been excluded.”

Thomas’ nomination comes at a time when the Supreme Court appointments have been highly politicized. Our nation has been polarized into two groups:

1. Those who believe that the United States Constitution is law; and should be interpreted according to its original intent.

2. Those who believe that the Constitution is subject to any interpretation and would use it to further their political objectives.

Thomas clearly falls into the first category; his past references to the “natural law” and his commitment to judicial restraint attests to this fact. There is a campaign brewing which seeks to discredit every Court nominee who adheres to the idea of “Original Intent.” But there is something larger at stake here: Who controls the courts? Who controls the United States Constitution? The two political parties of the U.S. are becoming increasingly polarized on this issue.

We are now facing the increasing politicization of our culture which includes our educational institutions and our courts. There are only two sides to this issue. Either the Constitution is fixed and applicable only when the principles laid down by those who ratified the Constitution are adhered to; or, it is a malleable document which can be interpreted by justices to fit the desires of special interest groups.

There is a struggle between these two groups on Constitutional law. It is being waged in the law schools where our future judges are being trained. Many law schools are becoming politicized. Today in the major law schools, the political view of judging – the one which curries the favor of party politics – is clearly ahead. The notion that the Constitution is law has been discredited.

But the political attitudes of university faculty at these law schools and those of the American public have never been further apart. This led William Buckley to write: “I would rather be governed by the first 200 names in the Boston phone book, than by the Harvard faculty.” The professors of these law schools are urging courts on toward greater liberalization in interpreting the Constitution without regard to its historical meaning.

As a consequence, the Supreme Court has approved reverse racial discrimination under a statute which clearly forbids it; they have managed to find a Constitutional “right to abortion” without clearly explaining how they found this idea; they have come within one vote of finding a Constitutional right of homosexual conduct. For a time the Supreme Court even abolished the death penalty, although the Constitution explicitly assumes that the death penalty is available to a legislature should they care to use it.

The point to be made here is that the Constitution does not require that anyone be politically opposed to any of these rulings, but that these are political questions – and should be for the people and their political representatives to ponder and decide – and not for judges.

The underlying issue here has to do with individual liberty. When the courts depart from Constitutional statutes to create new rights, they subtract from individual liberty and never add to it. Among our Constitutional freedoms is the right to govern ourselves democratically (ie; only through individual vote and elected representatives) – unless the Constitution contradicts public opinion.

If a situation arises in which the Constitution is out of sync with public opinion, then the American people may amend the Constitution or even do away with it. However, this is a decision for the American people themselves and not for appointed Supreme Court Justices.

This is the underlying nature of the battle over the Supreme Court. Unfortunately, the public campaign has been masked by a blitz of negative advertising against Judge Thomas on radio, television, newspapers, and phone banks. This campaign has consisted chiefly of falsehoods and misconstrued actions and statements by Thomas.

Those who would politicize the Supreme Court (university law professors and liberal Democrats) have made the claim that constructionists – such as Judge Thomas – are “outside the mainstream” of American politics. To the contrary, it is those who seek to define the American mainstream who would politicize the Supreme Court. These same people stand even more to lose if the Supreme Court were politicized to the right – rather than toward their leftist goals.

Clarence Thomas represents a man who has every reason to support minority rights and many other liberal causes. Yet Thomas understands that the role of a Judge is to interpret the law (namely, the U.S. Constitution) and defend the rights outlined therein. But a Judge’s role is never to legislate; this belongs to the people and their democratically elected representatives.

Unfair Criticism

One of the unfortunate outcomes of appointing a conservative African-American to the Supreme Court has been the numerous undeserved slurs which have lambasted Judge Thomas. His otherwise exemplary character has been besmirched by ignorance and unqualified criticism.

Patricia Ireland, Executive Vice President of the National Organization of Women, fearing that Thomas’ nomination would overturn the 1973 ruling on Roe vs. Wade, exclaimed: “We’re going to Bork him!” – referring to the defeat of Judge Robert Bork in 1987.

Virginia Governor Douglas Wilder, in an equally reprehensible attack, questioned Thomas’ qualifications by saying: “The question is: How much allegiance is there to the Pope?” Although he once attended a Catholic elementary school, Thomas is an Episcopalian.


Editor’s Note: As of the printing of this article, we believed that Judge Thomas would receive a positive recommendation by the Senate Judiciary committee, and later the required confirmation vote by the Senate. However, we understood that it was possible (knowing the highly politicized nature of recent Court appointments) that Thomas would be rejected.

We would then look to a battle of ideas which would be extended into the 1992 elections. This would be an unfortunate development for the Democratic Party: if Democratic Senators oppose Thomas, they would run the risk of seeming anti-Black and would lose popular support. The Bush administration would nevertheless appoint a strict constructionist to the Court bench before the 1992 election – whether the Judge be Black, Hispanic, Asian, White, male or female. The confirmation hearings will be a triumph for the Constitutional rights of all people according to a strict interpretation of the U.S. Constitution.


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A Revival Account: Asbury 1970 (DVD)

What is true Revival and Spiritual Awakening?

Discover the answer in this eyewitness account by Dennis Kinlaw, President of Asbury College, Wilmore, Kentucky, who recounts the story of a visitation of the Holy Spirit in 1970. This is the presentation that has continued to spark the flames of Revival in the hearts of people around the world. Contains eyewitness footage from the Revival at Asbury College in 1970 in Wilmore, Kentucky.

Certain to challenge you to greater holiness and a deeper commitment to full-scale revival. Original news and private footage has been included. If you are a student who longs to see a spiritual awakening at your school, you must see this video!

“This simple video does a wonderful job of conveying something of God’s heart and power, Everyone we have ever shown this to has received an immediate impartation of faith for revival and the power of prayer.”
— Bob and Rose Weiner, Weiner Ministries Int’l

Running Time: 40 minutes

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The Four Keys to the Millennium (Book)

Foundations in Biblical Eschatology

By Jay Rogers, Larry Waugh, Rodney Stortz, Joseph Meiring. High quality paperback, 167 pages.

All Christians believe that their great God and Savior, Jesus Christ, will one day return. Although we cannot know the exact time of His return, what exactly did Jesus mean when he spoke of the signs of His coming (Mat. 24)? How are we to interpret the prophecies in Isaiah regarding the time when “the earth will be full of the knowledge of the LORD as the waters cover the sea” (Isa. 11:19)? Should we expect a time of great tribulation and apostasy or revival and reformation before the Lord returns? Is the devil bound now, and are the saints reigning with Christ? Did you know that there are four hermeneutical approaches to the book of Daniel and Revelation?

These and many more questions are dealt with by four authors as they present the four views on the millennium. Each view is then critiqued by the other three authors.

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Dr. Francis Schaeffer - How Should We Then Live? (DVD)

Special Two-Disc Set!

After 40 years of intense study and world-wide ministry, Dr. Francis Schaeffer completed his crowning work of scholarship – to present profound truths in simple film language. Dr. Schaeffer’s brilliant analysis of the past and predictions for current trends have proven so uncannily accurate that this amazing series still feels contemporary almost three decades after its initial release. Ultimately, Schaeffer concludes that man’s only hope is a return to God’s Biblical absolute, the truth revealed in Christ through the Scriptures.

Available for the first time on DVD, this documentary spectacular also includes intimate in-depth conversations with Francis and Edith Schaeffer. With the on-disc study guide, this presentation forms a unique course of comprehensive study. While this series forms an innovative analysis of the past, this outstanding work is more than history. Each episode focuses on a significant era, yet speaks clearly to 21st-century man with answers for modern problems.

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The Beast of Revelation IdentifiedThe Beast of Revelation: Identified (DVD)

Who is the dreaded beast of Revelation?

Now at last, a plausible candidate for this personification of evil incarnate has been identified (or re-identified). Ken Gentry’s insightful analysis of scripture and history is likely to revolutionize your understanding of the book of Revelation — and even more importantly — amplify and energize your entire Christian worldview!

Historical footage and other graphics are used to illustrate the lecture Dr. Gentry presented at the 1999 Ligonier Conference in Orlando, Florida. It is followed by a one-hour question and answer session addressing the key concerns and objections typically raised in response to his position. This presentation also features an introduction that touches on not only the confusion and controversy surrounding this issue — but just why it may well be one of the most significant issues facing the Church today.

Ideal for group meetings, personal Bible study — for anyone who wants to understand the historical context of John’s famous letter “… to the seven churches which are in Asia.” (Revelation 1:4)

Running Time: 145 minutes

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Go Stand Speak (DVD)

With “preaching to the lost” being such a basic foundation of Christianity, why do many in the church seem to be apathetic on this issue of preaching in highways and byways of towns and cities?

Is it biblical to stand in the public places of the world and proclaim the gospel, regardless if people want to hear it or not?

Does the Bible really call church pastors, leaders and evangelists to proclaim the gospel in the public square as part of obedience to the Great Commission, or is public preaching something that is outdated and not applicable for our day and age?

These any many other questions are answered in this documentary.

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