Storm over the Constitution

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 Graglia, Charles Cooper, and Supreme Court Justice Antonin Scalia, original intent requires that judges bring no theory to the interpretation of the Constitution. Harry V. Jaffa shows that this definition, which finds its roots in legal positivism and moral relativism, is openly hostile to the natural rights theory of those who wrote and ratified the Constitution. Jaffa illustrates how judges under the influence of this doctrine particularly neglect the Declaration of Independence as a guide. Jaffa argues that this alienation from the principles of the American Founding forms the core of our contemporary constitutional and political problems.

Charles Cooper is a partner in the Washington, D.C., law firm of Cooper Carvin & Rosenthal, PLLC.