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Reconstituting 'Original Intent:' A Constitutional Law Encyclopedia For The Next Century, David Skover Jan 1988

Reconstituting 'Original Intent:' A Constitutional Law Encyclopedia For The Next Century, David Skover

Faculty Articles

In this article Professor Skover reviews the Encyclopedia of the American Constitution. The Encyclopedia describes, in a fairly balanced and accurate manner, the contemporary understanding of the American constitutional heritage. The Encyclopedia exhibits the important functions that an encyclopedic work may serve in the legal culture of the twenty-first century. This review essay explores this thought. Part I describes the Encyclopedia's organizational structure, the interdisciplinary nature of its commentaries, and the divergent characters of its contributors. Part II considers the potential for its use and explores its role as the record of "original intent" for this century's constitutional "founders."


Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa Jan 1988

Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa

Seattle University Law Review

In our Spring 1987 issue, Professor Jaffa authored an essay in which he posited that the fundamental principles of equality and other tenets of natural law expressed in the Declaration of Independence were originally intended to be the principles of the Constitution of 1787 Professor Jaffa asserted that while the Framers believed in the "law of nature and nature's God," many contemporary constitutional thinkers, including fellow conservatives Chief Justice William Rehnquist and Attorney General Edwin Meese, do not. Thus, Jaffa argued, those conservatives "who today most aggressively appeal to the doctrine of original intent are among its most resolute antagonists." …