Storm Over the Constitution

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Lexington Books, 1999 - Political Science - 167 pages
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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The book will be very instructive as Prof Jaffa is a very learned scholar of classical and modernpolitical science and an extremely learned scholar of Abraham Lincoln and the Civil War.
Google Books
do not reveal that you have to read this work on-line when they sell it to you. You do not receive a book or an electronic file. The highest right that you get is a licence to read the book on-line. That licence does not entitle you to copy parts of the book or, as I found out, to print exerts from it. You can not read the book on your iPad. So if you wish to incorpoate quotations from Jaffa or Couper, or indeed, Prof. Erler, this ebook will not be of any assistance. 

Selected pages

Contents

A Dissenting Opinion on Judge Robert H Bork
1
Jaffa Replies to Bork
13
Appendix to Whatever Happened to the Emperors Clothes?
33
Natural Law the Constitution and Robert Bork
39
The Inkblot Constitution
45
Is the Constitution Good? And If So Why?
49
Atheism and Nihilism Masquerading as Constitutional Argument
55
Jaffa Answers Cooper
77
Antonin Scalia Meet James Madison and Friends
115
Jaffas Quarrel with Bork Religious Belief Masquerading as Constitutional Argument
127
Harry Jaffas Bad Originalism
137
About the Author
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About the author (1999)

Harry V. Jaffa is Professor of Political Philosophy Emeritus at Claremont McKenna College.

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