Storm Over the Constitution

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book Storm Over the Constitution by Harry V. Jaffa, Lexington Books
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Harry V. Jaffa ISBN: 9780739161357
Publisher: Lexington Books Publication: August 31, 1999
Imprint: Lexington Books Language: English
Author: Harry V. Jaffa
ISBN: 9780739161357
Publisher: Lexington Books
Publication: August 31, 1999
Imprint: Lexington Books
Language: English

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.'

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.'

More books from Lexington Books

Cover of the book The Human Relationship to Nature by Harry V. Jaffa
Cover of the book Paths of Innovation in Warfare by Harry V. Jaffa
Cover of the book Embodied Difference by Harry V. Jaffa
Cover of the book Buddhist Learning in South Asia by Harry V. Jaffa
Cover of the book The U.S. Supreme Court and the Domestic Force of International Human Rights Law by Harry V. Jaffa
Cover of the book Defining Sport by Harry V. Jaffa
Cover of the book Cognitive Justice in a Global World by Harry V. Jaffa
Cover of the book Moving Safely by Harry V. Jaffa
Cover of the book Sustaining Identity, Recapturing Heritage by Harry V. Jaffa
Cover of the book Philosophic Values and World Citizenship by Harry V. Jaffa
Cover of the book Analyzing Delinquency among Kurdish Adolescents by Harry V. Jaffa
Cover of the book Milton's Socratic Rationalism by Harry V. Jaffa
Cover of the book The Making of Pakistani Human Bombs by Harry V. Jaffa
Cover of the book The Hate Handbook by Harry V. Jaffa
Cover of the book Japan's Backroom Politics by Harry V. Jaffa
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy