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Storm Over the Constitution (Paperback)
Loot Price: R1,159
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Storm Over the Constitution (Paperback)
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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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