Justice Clarence Thomas is a master at the art of bogus history.
Justice Clarence Thomas is a master at the art of bogus history—rewriting the past to give the Constitution a new, dubious meaning that happens to align with the Republican Party platform. Even by his own lofty standards, the justice outdid himself inis a masterwork of partisan historical revisionism, manipulating reality so seamlessly that an unsuspecting reader might actually think he is telling the truth.
Thomas’ sleight of hand revolves around the direct tax clause of the original Constitution. This provision was part and parcel of the three-fifths compromise, which counted enslaved people as three-fifths of a person for purposes of representationcertain taxes. There was, at the time, a common form of taxation that imposed a “head tax” on each individual taxpayer. Delegates to the Constitutional Convention called this a “direct tax.
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