Storm Over the Constitution
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.'
A Dissenting Opinion on Judge Robert H Bork
Jaffa Replies to Bork
Appendix to Whatever Happened to the Emperors Clothes?
Natural Law the Constitution and Robert Bork
The Inkblot Constitution
Is the Constitution Good? And If So Why?
Atheism and Nihilism Masquerading as Constitutional Argument
Jaffa Answers Cooper
Antonin Scalia Meet James Madison and Friends
Jaffas Quarrel with Bork Religious Belief Masquerading as Constitutional Argument
Harry Jaffas Bad Originalism
About the Author
Other editions - View all
According adopted agree Amendment American argument assertion authority believe Bork's called citizens Civil claim common compromises Congress consent Constitution Cooper course created Declaration of Independence denied derived document Dred Scott due process clause equal example existence expression fact federal Federalist Fifth Amendment Framers freedom Graglia ground guarantee human idea incorporated individual institutions interpretation Jaffa Jefferson Judge Bork judicial jurisprudence Justice laws of nature legislative less liberal liberty Lincoln Madison majority matter meaning merely mind moral natural law natural right Negroes never Northwest Ordinance opinion original intent ownership Party person philosophy political positive law possess principles protection question ratified reason recognized reference regarded Rehnquist Republican requires resolution result Review rule safeguards says simply slave slavery society statement Taney Taney's territories theory tion understanding understood Union United University Virginia writes wrong