70 Year Magazine Archive

Jaffa v. Bork: An Exchange

by Harry V. Jaffa & Robert Bork

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Judge Bork concludes his discourse in NR’s February 7 issue as follows:

Written in dyspeptic prose, Original Intent and the Framers of the Constitution is one of the least coherent, least consequential, and most disingenuous pieces of constitutional theorizing on record: incoherent because Mr. Jaffa offers conclusions that cannot possibly be tortured out of constitutional text, history, or structure; inconsequential because, so far as is apparent, his argument has applicability only to one pre—Civil War case; disingenuous because he misrepresents not only that case but the Constitution itself. This may sound unduly harsh. I have tried to show that it is only duly harsh.

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