Judicial Conscience and Natural Rights: A Reply to Professor Jaffa

Bruce Ledewitz, Seattle University Law Review 10:3 (1987). Reprinted in Original Intent & the Framers of the Constitution (Washington, DC: Regnery Publishing, Inc., 1994).

This Article replies to Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article focuses on the gap the author argues Professor Jaffa left between the consciousness of the Framers and the practice of judicial review today. The author argues that the understanding that Professor Jaffa brings to the intent of the Framers is one that opens up the Constitution to the call of justice, but the author critiques the utility of Professor Jaffa’s work in resolving the contentious constitutional issues of today, including abortion and capital punishment.

Seattle University Law Review