In response to Prof. Hardwick's post below, let me note that in _Original
Intent and the Framers of the Constitution:  A Disputed Question_, Prof.
Jaffa compares Judge Bork to -- in no particular order -- Hitler, Meese,
Stalin, Rehnquist, and Calhoun.  He makes each of these comparisons
repeatedly, evidently because he believes that each of those men denied the
existence of the fundamental constitutional truths Jaffa finds in the
Constitution, especially as exposited by Abraham Lincoln.  Jaffa certainly
would not want to be paired with Bork, one infers.
Constantine Gutzman
----- Original Message -----
From: "Kevin Hardwick" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, March 08, 2003 8:14 PM
Subject: Re: Lincoln and the Constitution


>
> I'm fascinated by the following comment from JDS, which I assume was
> written in reply to me:
>
> >        Were Harry Jaffa the Chief Justice of the United States his
> > interpretation might have some weight.  However, he isn't and Taney was.
> > Case closed on that point as far as I can tell.
>
> You would seem to be saying that Taney's interpretation of the
Constitution
> is the definitive one, because of the office that he held.  In your view,
> if the Chief Justice were to affirm that, per his interpretation of the
> Constitution, the moon is made of cheese (or some equally nonsensical
> conclusion), would that make it, constitutinally speaking, true?
>
> You really *must* read Jaffa.  Jaffa's argument is in part about the
nature
> of fundamental constitutional truths, which he thinks do exist.  You would
> seem to be very much of precisely the turn of mind that Jaffa (and other
> conservatives--Robert Bork comes to mind) think are the real problem in
the
> academy today.
>
> Dismissal of higher law is quite common in America today.  The notion that
> there is no link between power and truth is academically fashionable, and
> has been for a long while.  But if that is the case, then the Constitution
> is simply *an* arrangement of power, in the service or arbitrary ends.
Why
> should I care one way or the other what it means then--its just, in the
> most cynical fashion imaginable, about how the powerful legitimate their
> power.
>
> If you really believe that, then surely you see that you have no grounds
at
> all for criticizing Lincoln?
>
> Warm regards,
> Kevin
>
> --
> Kevin R. Hardwick, Ph.D.
> Assistant Professor
> Department of History, MSC 2001
> James Madison University
> Harrisonburg VA 22807
> Phone:  540/568-6306
> Email:  [log in to unmask]
>
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