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To: SeekAndFind
Senator Biden was the first questioner. Instead of the softball questions he’d promised to ask, he threw a beanball straight at my head, quoting from a speech I’d given four years earlier at the Pacific Legal Foundation and challenging me to defend what I’d said. ”I find attractive the arguments of scholars such as Stephen Macedo, who defend an activist Supreme Court that would strike down laws restricting property rights.” That caught me off guard, and I had no recollection of making so atypical a statement, which shook me up even more. “Now, it would seem to me what you were talking about,” Senator Biden went on to say, “is you find it attractive the fact that they are activists and they would like to strike down existing laws that impact on restricting the use of property rights, because you know, that is what they write about.”

Since I didn’t remember making the statement in the first place, I didn’t know how to respond to it. All I could say in reply was that “it has been some time since I have read Professor Macedo … But I don’t believe that in my writings I have indicated that we should have an activist Supreme Court.” It was, I knew, a weak answer. Fortunately, though, the young lawyers who had helped prepare me for the hearing had loaded all of my speeches into a computer and at the first break in the proceedings they looked this one up. The senator, they found, had wrenched my words out of context. I looked at the text and saw that the passage he’d read out loud had been immediately followed by two other sentences: “But the libertarian argument overlooks the place of the Supreme Court in a scheme of separation of powers. One does not strengthen self-government and the rule of law by having the non-democratic branch of the government make policy.” The point I’d been making was the opposite of the one that Senator Biden claimed I had made.

pp 235-236 of "My Grandfather's Son" by Clarence Thomas
8 posted on 03/21/2014 7:39:59 AM PDT by a fool in paradise (The Texas judge's decision was to pave the way for same sex divorce for two Massachusetts women.)
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To: a fool in paradise
Thanks for these quotes from Thomas. I remember the hearing and Biden was very upset at Clarence Thomas’ view on property rights.

It was after his property rights views became known that they went after him with Anita Hill's outrageous accusations.

Biden was a good socialist even back then. He said something to the effect that the government would go broke if it had to compensate everyone for property taken from them.

From Wikipedia:

“At one point in the beginning of the proceedings, Senate Judiciary Committee chairman Joe Biden asked Thomas if he believed the Constitution granted any sort of property rights to individuals as described in Richard Epstein's book Takings: Private Property and the Power of Eminent Domain, which had been published by Harvard University Press in 1985. Biden held the book up for Thomas to see and denounced its contents. In their book, Epstein argues that the government should be regarded with the same respect as any other private entity in a property dispute. The Cato Institute later paraphrased Biden’s general line of questioning in the hearing as, “Are you now or have you ever been a libertarian?”[25]”

44 posted on 03/21/2014 8:21:19 AM PDT by FR_addict
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To: a fool in paradise
I wonder where Joe plagiarized the question from?
47 posted on 03/21/2014 8:28:31 AM PDT by Michael.SF. (I never thought anyone could make Jimmy Carter look good in comparison.)
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To: a fool in paradise

Yes, exactly. This is factual. Biden was a back stabber.


50 posted on 03/21/2014 8:37:43 AM PDT by nikos1121
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To: a fool in paradise

BTTT!


54 posted on 03/21/2014 10:26:52 AM PDT by Pagey (HELL is The 2nd Term of a POTUS who uses the terms “social justice” and “fair distribution".)
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