Harry V. Jaffa: Right (page 3)

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

“The original intent of the 14th Amendment, and of the Congress and the American people who ratified it, can best be understood in the light of the change it effected in antecedent constitutional law. Taney's opinion in Dred Scott was still in effect as the Civil War came to an end. By it Negroes, whether free or slave, could not be citizens of the United States. Although the 13th Amendment abolished slavery, it did not settle the question of Negro citizenship. This was however decided by the opening sentence of the 14th Amendment. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The intent of this sentence could however be frustrated if it were possible to make distinctions within citizenship, by which some citizens would have more rights, and others less. It was to prevent this that the Amendment went on to declare that "No State shall… deny to any person within its jurisdiction the equal protection of the laws."”

Harry V. Jaffa

2000s, The Logic of the Colorblind Constitution (2004)

War , People , Law , Question

“Every human good we enjoy today is, directly or indirectly, a legacy from what the Founders wrought, and Lincoln preserved. That legacy was formed by what the American Founders called an experiment in free government, at the heart of which is a simple, yet radical idea; that under the laws of nature and of nature's God, all men are created equal. From this idea, and this idea alone, flow all the precepts of free government. If all men are created equal, it is unjust for one man to rule another without his consent. If men possess rights by nature, the purpose of government is to protect our natural liberty. As we know the purpose of government we know also of its limitations, and so we limit the power of government by writing a constitution, and requiring the government as well as citizens to live under the rule of law- laws which must be consented to by the citizens in order to be legitimate.”

Harry V. Jaffa

2000s, Before In History (2004)

Men , God , Law , Idea

“In 1860, the South did not appeal to the right of revolution. They appealed to a right of secession, which they claim to be a Constitutional right under the Constitution itself. In 1776, the colonists did not claim that in breaking with Great Britain they were exercising a right granted by the British Constitution. They had conducted their struggle until that moment by appealing it through the British constitution. But when they decided on independence, they appealed instead to the laws of nature and of nature’s God.”

Harry V. Jaffa

2000s, The Real Abraham Lincoln: A Debate (2002), The Right of Secession Is Not the Right of Revolution

God , Law , Exercises , Nature

“In 1860 Senator Wilson, like Lincoln, could not ask for recognition of more than the black man's natural rights. But he showed in dramatic fashion that his argument, like Lincoln's, applied ultimately to all rights, civil and political no less than natural.”

Harry V. Jaffa

Source: 2000s, A New Birth of Freedom: Abraham Lincoln and the Coming of the Civil War (2000), p. 228

Fashion , Nature

“The 14th Amendment was intended to drive a stake through the heart of Dred Scott. The heart of that opinion consisted in the assertion that Negroes were so far inferior that they had no rights which white men were bound to respect. This meant that as far as the Constitution was concerned, the distance between whites and blacks was no less than the distance between whites and any other inferior species. A white man had the same right to rule a Negro as he had to rule dog or a horse. Hence according to Taney blacks were not and could not have been included in the proposition "that all men are created equal." Whether or not they were intended to be so included was among the questions most fiercely debated by Lincoln and Douglas.”

Harry V. Jaffa

2000s, The Logic of the Colorblind Constitution (2004)

Men , Dogs , Question , Heart

“Lincoln thought slavery was wrong and he did not think a vote of the people could make it right.”

Harry V. Jaffa

2000s, Interview with Peter Robinson (2009)

People , Thinking

“And so, the idea of slave property contradicts the idea of private property, and the Southerners taking their stand on their property rights and their slaves were, in fact, taking their stand on a principle which was incompatible with the idea of constitutional government.”

Harry V. Jaffa

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

Idea

“[I]t is impossible for men who exercise their reason to believe that any one part of the human race has been marked out by God or nature as so superior to any other. No man is by nature, or by manifest declaration of God's will, the possessor or possession, the master or slave, of another. Whoever asserts such a right to such domination or possession is, in Congress's words from that same document, 'rightfully resistible.”

Harry V. Jaffa

Source: 2000s, A New Birth of Freedom: Abraham Lincoln and the Coming of the Civil War (2000), p. 370

Men , God , Exercises , Nature

“We see here the essence of the southern understanding of equality, why it was so highly prized, and why so resolutely defended. Every white man can be proud of himself, can consider himself an aristocrat, not because of his virtues or accomplishments, but simply because he is not black! By rejecting the principle that all men are created equal, by keeping "the degenerate sons of Ham" under foot, and under the lash, one need never do anything to become important, like members of the royal family. It is not without reason that Lincoln compared slavery to the divine right of kings! Calhoun demanded equality no less than Lincoln. But his equality required a "cornerstone" of slavery.”

Harry V. Jaffa

1990s, Defending the Cause of Human Freedom (1994)

Men , Family , Understanding

“That moral order, we know, encompasses, beside the right to life, liberty, and the pursuit of happiness, many other rights, as for example the right to the free exercise of religion, to freedom of speech and of the press, and to freedom of association. These are rights antecedent to the political process-rights that do not depend upon majority will-rights that majorities may not violate. They are all features of the moral "laws of nature and of nature's God." Clearly, the implications of the President's endorsement of the idea of a moral order, antecedent to all positive law, including the law of the Constitution, go far beyond the debate over abortion.”

Harry V. Jaffa

2000s, Bush's Lincolnian Challenge (2002)

Life , God , Religion , Law

“Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever. (Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.)”

Harry V. Jaffa

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

Justice , Law

“Alexander Hamilton Stephens' Constitutional View of the War Between the States, which was and remains probably the best defense of the Confederate cause. It is all about states' rights, and the defense of the minority against the tyranny of the numerical majority, although the "silent minority", the four million slaves, are never counted. It is substantially the book that Calhoun would have written had he been alive to do so. Stephens, who was Vice President of the Confederacy, had also been widely known, north and south, as one of the intellectual luminaries of his time.”

Harry V. Jaffa

1990s, Defending the Cause of Human Freedom (1994)

War , Books , Time

“The President's proclamation is a mighty blow against the legal positivism that infects our legal establishment, and the moral relativism that pervades our society. But this can only be the beginning of a far greater struggle than that against the physical danger of terrorism. It means taking up once again the burden Lincoln bore, in reasserting the truth of the Declaration, against the "positive good" theory of slavery, and against the still more deadly theory that majorities, and not the difference between right and wrong, should decide the future of slavery.”

Harry V. Jaffa

2000s, Bush's Lincolnian Challenge (2002)

Truth , Future

“Unless we as a political community can by reasoned discourse re-establish in our own minds the authority of the constitutionalism of the Founding Fathers and of Lincoln, of government devoted to securing the God-given equal rights of every individual human being, we will remain ill equipped to bring the fruits of freedom to others.”

Harry V. Jaffa

2000s, The Central Idea (2006)

God , Communication , Freedom

“Our difficulty in pursuing a rational foreign policy in the Middle East—or anywhere else—is compounded by the fact that we ourselves, as a nation, seem to be as confused as the Iraqis concerning the possibility of non-tyrannical majority rule. We continue to enjoy the practical benefits of political institutions founded upon the convictions of our Founding Fathers and Lincoln, but there is little belief in God-given natural rights, which are antecedent to government, and which define and limit the purpose of government. Virtually no one prominent today, in the academy, in law, or on government, subscribes to such beliefs. Indeed, the climate of opinion of our intellectual elites is one of violent hostility to any notion of a rational foundation for political morality. We, in short, engaged in telling others to accept the forms of our own political institutions, without any reference to the principles or convictions that give rise to those institutions.”

Harry V. Jaffa

2000s, The Central Idea (2006)

God , Hostility , Law , Nature

“Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever.”

Harry V. Jaffa

Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.
2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates

Justice , Law