Harry V. Jaffa: Right

Harry V. Jaffa was American historian and collegiate professor. Explore interesting quotes on right.
Harry V. Jaffa: 342   quotes 0   likes

“A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error”

Harry V. Jaffa

Crisis of the House Divided: An Interpretation of the Issues in the Lincoln Douglas Debates http://archive.li/CFqbg (1959), p. 195
1950s
Context: Lincoln was again and again to refer to the proposition, 'all men are created equal', as an 'abstract truth', a truth which was the life principle of American law. The implications of this truth were only partially realized, even for white men, and largely denied as far as black men were concerned. Yet it supplied the direction, the meaning, of all good laws in this country, although the attempt at that time to achieve all that might and ought ultimately to be demanded in its name would have been disastrous. A law is foolish which does not aim at abstract or intrinsic justice; and so is it foolish to attempt to achieve abstract justice as the sole good by succumbing to the fallacy to which the mind is prone, which regards direct consequences as if they were the only consequences. Those who believe anything sanctioned by law is right commit one great error; those who believe the law should sanction only what is right commit another. Either error might result in foolish laws; and, although a foolish law may be preferable to a wise dictator, a wise law is preferable to both.

Justice , Law , Error

“Dogs and horses, for example, are naturally subservient to human beings. But no human being is naturally subservient to another human being. No human being has a right to rule another without the other's consent”

Harry V. Jaffa

2000s, The Central Idea (2006)
Context: The equality of mankind is best understood in light of a two-fold inequality. The first is the inequality of mankind and of the subhuman classes of living beings that comprise the order of nature. Dogs and horses, for example, are naturally subservient to human beings. But no human being is naturally subservient to another human being. No human being has a right to rule another without the other's consent. The second is the inequality of man and God. As God's creatures, we owe unconditional obedience to His will. By that very fact however we do not owe such obedience to anyone else. Legitimate political authority—the right of one human being to require obedience of another human being—arises only from consent. The fundamental act of consent is, as the 1780 Massachusetts Bill of Rights states, "a social compact by which the whole people covenants with each citizen and each citizen with the whole people that all shall be governed by certain laws for the common good." The "certain laws for the common good" have no other purpose but to preserve and protect the rights that each citizen possesses prior to government, rights with which he or she has been "endowed by their Creator." The rights that governments exist to secure are not the gift of government. They originate in God.

Dogs , Nature , Horse

“No, on the contrary, the Constitution exists to protect that right. The important point is that the Constitution exists to protect individual liberty and individual property. In fact, the most important of all of the rights, really the foundation of all rights, are the rights to private property. But the right to private property is a right for each individual human being to own himself.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

“There is not now, and never has been any such difference between one human being and another human being, or whatever race or color, such that one is by nature the ruler of the other, as any human being is by nature the ruler of any dog or any horse. For this reason, legitimate political authority can arise only by the consent of the governed, and consent can never be given for any reason other than the equal protection of the rights of the governed. Hence equal protection is the foundation of all constitutionalism, even apart from its specific inclusion in the Constitution itself. For more reasons than one, Justice Harlan's dissenting opinion ought to have been the opinion of the Court in 1896; even more ought it to have been the opinion of the Court in 1954”

Harry V. Jaffa

2000s, The Logic of the Colorblind Constitution (2004)
Context: Harlan's dissenting opinion in Plessy, that the Constitution was colorblind, and that it did not countenance different and unequal classes of citizens, was based upon a belief in the truth of the principle of equality in which the founders and Lincoln had so profoundly believed. But this belief had been buried by progressivism, and has not been resurrected, except by the intellectual heirs of Leo Strauss. On intellectual grounds, it has never been refuted, and ought never to have been abandoned. There is not now, and never has been any such difference between one human being and another human being, or whatever race or color, such that one is by nature the ruler of the other, as any human being is by nature the ruler of any dog or any horse. For this reason, legitimate political authority can arise only by the consent of the governed, and consent can never be given for any reason other than the equal protection of the rights of the governed. Hence equal protection is the foundation of all constitutionalism, even apart from its specific inclusion in the Constitution itself. For more reasons than one, Justice Harlan's dissenting opinion ought to have been the opinion of the Court in 1896; even more ought it to have been the opinion of the Court in 1954. As Professor Edward J. Erler has demonstrated in the pages of the Claremont Review of Books, the principle of equal protection has never become the opinion of the Supreme Court of the United States, nor has it been favored in the writings of conservative jurists.

Justice , Dogs , Color , Nature

“The civil rights establishment, led by the NAACP, fought the good fight that led to the Brown v. Board of Education decision in 1954 and the Civil Rights Acts of 1964 and 1965. They fought that fight under the banner of the Equal Protection Clause of the 14th Amendment, which reflected the equality proclaimed in the Declaration of Independence. The classic statement of this principle is to be found in Justice John Marshall Harlan's dissenting opinion in Plessy v. Ferguson,”

Harry V. Jaffa

1990s, The Party of Lincoln vs. The Party of Bureaucrats (1996)
Context: The civil rights establishment, led by the NAACP, fought the good fight that led to the Brown v. Board of Education decision in 1954 and the Civil Rights Acts of 1964 and 1965. They fought that fight under the banner of the Equal Protection Clause of the 14th Amendment, which reflected the equality proclaimed in the Declaration of Independence. The classic statement of this principle is to be found in Justice John Marshall Harlan's dissenting opinion in Plessy v. Ferguson, the infamous 1896 decision that enshrined "separate but equal" into constitutional law for more than half a century, "In view of the Constitution, in the eye of the law, there is in this country no superior dominant ruling class of citizens. There is no caste here. Our Constitution is color blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved".

Education , Justice , Decision , Fight

“But the Fugitive Slave Clause is in the Constitution, and Lincoln thought that any refusal to implement the right clearly defined in the Constitution would justify secession. You can't pick and choose which parts of the Constitution you like. Once you do that, then the Constitution is simply, as Jefferson said once, "a blank sheet of paper."”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A
Context: DiLorenzo thinks that it is a reflection on Lincoln's anti-slavery character that he supported the Fugitive Slave Act. But the Fugitive Slave Clause is in the Constitution, and Lincoln thought that any refusal to implement the right clearly defined in the Constitution would justify secession. You can't pick and choose which parts of the Constitution you like. Once you do that, then the Constitution is simply, as Jefferson said once, "a blank sheet of paper." Jefferson said that when he was contemplating purchasing Louisiana. And having said that by purchasing it he would make the Constitution a blank sheet of paper, he went ahead and purchased Louisiana.

Parting

“The origin of all constitutional rights, according to Lincoln, was the right that a man had to own himself, and therefore to own the product of his own labor. Government exists to protect that right, and to regulate property only to make it more valuable to its possessors”

Harry V. Jaffa

1990s, The Party of Lincoln vs. The Party of Bureaucrats (1996)
Context: Bob Dole and Jack Kemp declared that the Republican Party is the party of Lincoln. But just what is the connection between the Republican Party of 1860 and that of 1996? The essence of slavery, Lincoln said, was expressed in the proposition: "You work; I'll eat." Upon his election as president, he was besieged by office seekers who drove him to distraction. Lincoln was blunt in his judgment of the great majority of them. They wanted to eat without working. Lincoln saw the demand for the protection of slavery and the demand for government sinecures to be at bottom one and the same. The origin of all constitutional rights, according to Lincoln, was the right that a man had to own himself, and therefore to own the product of his own labor. Government exists to protect that right, and to regulate property only to make it more valuable to its possessors.

“Now, the truth of the matter is that the idea of the meaning of the word 'federal' underwent a change from the Articles of Confederation to the Constitution. Under the Constitution, the states gave up their sovereignty in the Calhounian sense. And if you have any doubt about that, let me just read a sentence from George Washington. 'It is obviously impracticable in the federal government of these states to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all.”

Harry V. Jaffa

So all the rights of independent sovereignty, or some of those rights, have been surrendered.
2000s, The Real Abraham Lincoln: A Debate (2002), Rebuttal

Truth , Idea , Sense , Change

“By the principles of the Declaration of Independence, majority rule in a free society is not an end in itself, nor is it a source of the purposes served by free government. Majority rule exists to secure the rights with which all human persons are "endowed by their Creator." The recognition of the origin of these rights, in God and nature, comes before any action of any majority. Only as we all recognize that "the just powers of government" exist to secure the equal rights possessed by every human being, whether in the majority or minority, can tyranny be prevented.”

Harry V. Jaffa

2000s, Bush's Lincolnian Challenge (2002)

God , Nature , Personality

“Douglas's doctrine of 'popular sovereignty' meant no more than that: in a democracy justice is the interest of the majority, which is 'the stronger'. Lincoln, however, insisted that the case for popular government depended upon a standard of right and wrong independent of mere opinion and one which was not justified merely by the counting of heads.”

Harry V. Jaffa

Crisis of the House Divided: An Interpretation of the Issues in the Lincoln Douglas Debates http://archive.li/CFqbg (1959), p. xi
1950s

Justice , Democracy , Dependency

“Now there’s document on a subject of states' rights and states' sovereignty which is very seldom cited but which is absolutely fundamental to understanding the status of sovereignty under the Constitution: the letter that George Washington wrote transmitting the new Constitution to the Congress on September 17, 1787. And among the ironies of this letter is the fact that John C. Calhoun in his Discourse on the Constitution and Government of the United States, the sequel to his Disquisition on Government, cites the words that Washington used to support his position that this was a federal government, and that “federal” meant one in which the constituent parts retains complete sovereignty. And he refers to the fact that Washington refers to “the federal government of these States.””

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Rebuttal

Understanding , Support , Parting

“This changed attitude toward slavery was, however, part of a changed attitude toward morality in general that was sweeping over Western civilization. This change was marked by the apotheosis of "change" itself. What had heretofore been regarded as moral absolutes came to be regarded as merely relative to a particular time and place—to History or Progress—with no enduring claim upon our consciences. Lincoln praised Jefferson for embodying in the Declaration "an abstract truth applicable to all men and all times." But the idea of such truth, and of the correlation of such truth with justice, was increasingly repudiated by the most educated and influential minds in the Western world. Representative of this triumph of historicism and moral relativism was historian Carl Becker's assertion in a landmark 20th-century work that "To ask whether the natural rights philosophy of the Declaration of Independence is true or false is essentially a meaningless question."”

Harry V. Jaffa

2000s, God Bless America (2008), Slavery and the American Cause

Men , Truth , World , Education

“Now, Lincoln said to Douglas, if you accept that Taney’s opinion that slavery is expressly affirmed in the Constitution is true, then you are under an obligation to give the slave owners the implementation of this right.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

“The king is not responsible for the fate of each man's soul. Every man is responsible to God, but not the king, for this. Shakespeare, while displaying unflinchingly the defects of kingly rule, does not in the English histories have on his horizon any alternative to divine right monarchy. The American Founding's Lockean republican political theory provides an answer to the defects of Christian divine right monarchy, the answer that Lincoln inherited. This supplied as well the theoretical foundation for Lincoln's assault on slavery.”

Harry V. Jaffa

2000s, Aristotle and Locke in the American Founding (2001)

God , Fate , Soul , History

“The President's proclamation is intended to give heart to, and rightly does give heart to, the Right to Life movement. It does so by identifying the right to life of the unborn with the first of the rights mentioned in the Declaration. It does so as the free soil movement and the Republican party, in the antebellum United States, had identified the right to liberty in the Declaration as the principled ground of its opposition to slavery. Then it was understood that the principle of equal rights for all in the Declaration of Independence was, as Lincoln said it was, "the apple of gold in the picture of silver" that gave life and meaning to the Constitution. Then it was understood that the original intent of those who framed and those who ratified the Constitution was to "secure these rights," the rights that defined the moral order which the legal order was to implement.”

Harry V. Jaffa

2000s, Bush's Lincolnian Challenge (2002)

Life , Heart

“Now the Constitution doesn’t say how this right is to be enforced, but it says it shall be done. And from 1793 to 1850 it depended upon the states honoring the Act. Well, that was not working, and so this federal law was substituted which provided enforcement procedures under the auspices of the federal government.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

Law , Dependency

“The great difficulty in forming legitimate governments is in persuading those forming the governments that those who are to be their fellow citizens are equal to them in the rights, which their common government is to protect. Catholics and Protestants in sixteenth-century Europe looked upon each other as less than human, and slaughtered each other without pity and without compunction. It was impossible for there to be a common citizenship of those who did not look upon each other as possessing the same right of conscience. How one ought to worship God cannot be settled by majority rule. A majority of one faith cannot ask a minority of another faith to submit their differences to a vote. George Washington, in 1793, said that our governments were not formed in the gloomy ages of ignorance and superstition, but at a time when the rights of man were better understood than in any previous age. Washington was right, in that such rights were, in the latter part of the eighteenth century, in America, better understood. But they were not perfectly understood, as the continued existence of chattel slavery attests. A difference concerning the equal rights of persons of color made the continued existence of a common government of all Americans impossible. A great civil war had to be fought, ending the existence of slavery, reuniting the nation and rededicating it to the proposition that all men are created equal.”

Harry V. Jaffa

2000s, The Central Idea (2006)

Men , God , War , Age

“According to many of our political and intellectual elites, both liberal and conservative, the minority in a democracy enjoys only such rights as the majority chooses to bestow upon them. The Bill of Rights in the American Constitution—and similar bills in state Constitutions—are regarded as gifts from the majority to the minority. But the American Constitution, and the state constitutions subordinate to it have, at one time or another, sanctioned both slavery and Jim Crow, by which the bills of rights applied to white Americans were denied to black Americans. But according to the elites, it is not undemocratic for the minority to lose. From this perspective, both slavery and Jim Crow were exercises of democratic majority rule. This is precisely the view of democracy by the Sunnis in Iraq, and is the reason they are fighting the United States.”

Harry V. Jaffa

2000s, The Central Idea (2006)

Exercises , Democracy , Time , Fight

“And if you look at the things that are denied to the states in the Constitution, for example, they are denied the right to coin money. Now, throughout history, the right to coin money has been a symbol of sovereignty. If states do not have the right to coin money, they are not sovereign in the sense that would justify secession as a state right.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), Rebuttal

Money , History , Sense

“That all men are created equal does not mean that human beings are the same, or equal, in size, strength, beauty, virtue, or intelligence. There are obviously great differences in individual aptitudes and talents in sports, music, mathematics, speaking, and writing. They are also unequal in the virtues, among them courage, temperance, and justice. But as Jefferson once said, the fact that Sir Isaac Newton may be the most intelligent of living human beings does not give him any right whatever to my person or my property.”

Harry V. Jaffa

2000s, God Bless America (2008), The American Proposition

Men , Justice , Beauty , Music