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Storm Over the Constitution Harry V. Jaffa

Storm Over the Constitution By Harry V. Jaffa

Storm Over the Constitution by Harry V. Jaffa


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Summary

This volume examines the arguments of some of the leading proponents of the doctrine of original intent. According to legal scholars a jurisprudence of original intent requires that judges bring no theory to the interpretation of the Constitution.

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Storm Over the Constitution Summary

Storm Over the Constitution by Harry V. Jaffa

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.'

Storm Over the Constitution Reviews

Storm Over the Constitution lays out an intellectual banquet. It is an important achievement. * National Review *

About Harry V. Jaffa

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

Table of Contents

Chapter 1 The Closing of the Conservative Mind: A Dissenting Opinion on Judge Robert H. Bork Chapter 2 Whatever Happened to the Emperor's Cloths? Jaffa Replies to Bork Chapter 3 Appendix to Whatever Happened to Emperor's Clothes? Chapter 4 Natural Law, the Constitution, and Robert Bork Chapter 5 The Inkblot Constitution Chapter 6 Is the Constitution Good? (And If So, Why?) Chapter 7 Graglia's Quarrel with God: Atheism and Nihilism Masquerading as Constitutional Argument Chapter 8 Slaying the Dragon of Bad Originalism: Jaffa Answers Cooper Chapter 9 The Whole Theory of Democracy: Antonin Scalia, Meet James Madison and Friends Chapter 10 Afterword Chapter 11 About the Author

Additional information

CIN0739100416G
9780739100417
0739100416
Storm Over the Constitution by Harry V. Jaffa
Used - Good
Paperback
Lexington Books
1999-08-31
208
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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