Storm over the constitution: Jaffa answers Bork
ISBN-13:
9780930783235
ISBN-10:
0930783239
Author:
Harry V. Jaffa
Publication date:
1994
Publisher:
The Claremont Institute
Format:
Unknown Binding
67 pages
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Book details
ISBN-13:
9780930783235
ISBN-10:
0930783239
Author:
Harry V. Jaffa
Publication date:
1994
Publisher:
The Claremont Institute
Format:
Unknown Binding
67 pages
Summary
Storm over the constitution: Jaffa answers Bork (ISBN-13: 9780930783235 and ISBN-10: 0930783239), written by authors
Harry V. Jaffa, was published by The Claremont Institute in 1994.
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Description
Written by one of America's foremost political and legal theorists, Storm Over the Constitution examines the arguments of some of the leading proponents of the doctrine of "original intent." According to legal scholars such as Judge Robert Bork, Lino Gralia, Charles Cooper, and Supreme Court Justice Antonin Scalia, a jurisprudence of original intent requires that judges bring no theory to the interpretation of the Constitution. In this brilliant new book, Harry Jaffa illustrates how judges under the influence of this definition of "original" intent particularly neglect the Declaration of Independence as a guide. Jaffa shows that this definition is, from the point of view of the American Founding, anything but original; moreover, it is openly hostile to the natural-rights theory of those who wrote and ratified the Constitution. The author implores Americans to follow the example set by Abraham Lincoln, who admired the Declaration of Independence more openly, interpreted it more deeply, and implemented it more practically than any other president before or since. Lincoln's achievement fulfilled a tradition of civic understanding and scholarship closer in time and purpose to the founders, and was thus more "original."
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