Harry V. Jaffa - Law Quotes

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"This nation was founded," President Bush wrote, "upon the belief that every human being is endowed by our Creator with certain 'unalienable rights.'" The President, in using the exact language of the Declaration of Independence, including the archaic "unalienable," has expressed the conviction that "the laws of nature and of nature's God" furnish the moral foundation of constitutional government. "President Jefferson's timeless principle," he wrote, "obligates us to pursue a civil society that will democratically embrace its essential moral duties..."

Harry V. Jaffa
Slaves are never referred to in the Constitution as anything but 'persons', a characterization that is perfectly neutral as to race or sex. That some of these persons were slaves was something arising from state law, not from the Constitution itself.

Harry V. Jaffa
According to Abraham Lincoln, public opinion always has a central idea from which all its minor thoughts radiate. The central idea of the American Founding—and indeed of constitutional government and the rule of law—was the equality of mankind. This thought is central to all of Lincoln's speeches and writings, from 1854 until his election as president in 1860. It is immortalized in the Gettysburg Address.

Harry V. Jaffa
The colonists did not, at this point, claim any privileges under the law of Great Britain. They were breaking from the law of Great Britain. They were appealing instead to the laws of nature and of nature's God. And it was under those laws that they had the right to resist oppression.

Harry V. Jaffa
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
The peaceful and orderly inauguration of George W. Bush, as 43rd President of the United States, after the closest election in American history, is an event deserving thoughtful and thankful reflection. There were present on the inaugural platform former presidents of both parties, as well as the gracious loser in the contest just ended. They were testimony to the prizing above all political differences, of the rule of law under the Constitution. We are accustomed, now, to resolving our differences with ballots and not bullets. We are accustomed, now, when we lose an election to look to the next election to advance our political fortunes. But few of us today are aware of how recent in human experience, and how fragile, is this phenomenon.

Harry V. Jaffa
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
In the tradition of American constitutionalism, all men are equally endowed by their Creator with certain rights. The equality of man is understood in the light of man's inequality with God: because men are not and never can become God or gods — because unqualified wisdom is never available to human beings — only government by the consent of the governed, and under the rule of law, is intrinsically in accordance with the eternal order.

Harry V. Jaffa
Well, Lincoln, in his July 4th Special Message to the Congress, 1861, said that the people of the South were a law-abiding people, and they would not have undertaken to do what they were now doing if it hadn't been for the invention of an ingenious sophism, according to which a state could secede from the Union without the permission of the Union or of any other state.

Harry V. Jaffa
Madison, by the way, had opposed both the bank and tariffs when Hamilton was Secretary of Treasury. He signed into law the Second Bank of the United States, and endorsed the tariff, said that it has been ratified by the people in subsequent elections, so he reversed his position on that.

Harry V. Jaffa
Lincoln, as we know, supported that Act as part of the Compromise of 1850. But in his inaugural address he mentioned several respects in which that law should be modified so that it would be consistent, at least, with the principles of civil liberty. But that was the temper of the country.

Harry V. Jaffa
And Lincoln said that by your own argument, if the local regulations are not forthcoming, you must support the federal enforcement; if you don't, you're taking the same position as the abolitionists, who denied any obligation to enforce the Fugitive Slave Law.

Harry V. Jaffa
DiLorenzo is absolutely wrong in saying that the 13 states were recognized as independent separate sovereignties. They were not. In 1826, Madison and Jefferson together, in making rules for the University of Virginia, resolved that the first of the documents that should be studied by the law faculty of the University of Virginia, was the Declaration of Independence as the Act of Union of the States. The Declaration was a declaration of separation from Great Britain and union with each other. And the state legislatures, or state revolutionary colonial legislatures on the road to independence—almost all of them passed resolutions calling for independence and for union.

Harry V. Jaffa
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
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