Storm Over the ConstitutionLexington Books, 31.08.1999 - 208 Seiten 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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Seite 11
... Negroes ( whether free or slave ) were regarded by the Framers as beings of an inferior order ... and so far inferior , that they had no rights which white men were bound to respect ; and that the negro might justly and lawfully be ...
... Negroes ( whether free or slave ) were regarded by the Framers as beings of an inferior order ... and so far inferior , that they had no rights which white men were bound to respect ; and that the negro might justly and lawfully be ...
Seite 17
... Negroes transported in interstate commerce , every such attempt was rejected as hostile to the constitutional sanctity of slave property . Moreover , at least one reason why the foreign slave trade was banned in 1808 was that states ...
... Negroes transported in interstate commerce , every such attempt was rejected as hostile to the constitutional sanctity of slave property . Moreover , at least one reason why the foreign slave trade was banned in 1808 was that states ...
Seite 31
... Negroes , whether free or slave , could not be citizens of the United States . The Thirteenth Amendment , while abolishing slavery , did not overrule this part of Taney's opinion . It was however overruled by the first sentence of the ...
... Negroes , whether free or slave , could not be citizens of the United States . The Thirteenth Amendment , while abolishing slavery , did not overrule this part of Taney's opinion . It was however overruled by the first sentence of the ...
Seite 32
... Negroes , whether free or slave , occupied in the world of the Framers and Ratifiers . But Taney was wrong in his ... Negroes be denied the benefits - or any of them - of that citizenship conferred on them by the first sentence ? In ...
... Negroes , whether free or slave , occupied in the world of the Framers and Ratifiers . But Taney was wrong in his ... Negroes be denied the benefits - or any of them - of that citizenship conferred on them by the first sentence ? In ...
Seite 73
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