Procrustes Stretched
"intuition and imagination and intelligence"
Bork: How Many People Understand His Arguments? Even some conservatives thought Bork was just plain Borkish
(note: not responsible for Wikipedia flaws )
- Robert Bork - Wikipedia the free encyclopedia
- Harry V. Jaffa - Wikipedia the free encyclopedia
- Robert P. George - Wikipedia the free encyclopedia
(note: not responsible for Wikipedia flaws )
Bork was best known for his theory that the only way to reconcile the role of the judiciary in the U.S. government against what he terms the "Madisonian" or "counter-majoritarian" dilemma of the judiciary making law without popular approval is for constitutional adjudication to be guided by the framers' original understanding of the United States Constitution. Reiterating that it is a court's task to adjudicate and not to "legislate from the bench," he advocated that judges exercise restraint in deciding cases, emphasizing that the role of the courts is to frame "neutral principles" (a term borrowed from Herbert Wechsler) and not simply ad hoc pronouncements or subjective value judgments. Bork once said, "The truth is that the judge who looks outside the Constitution always looks inside himself and nowhere else.
...
Some conservatives criticized Bork's approach. Conservative scholar Harry Jaffa criticized Bork (along with Rehnquist and Scalia) for failing to adhere to natural law principles.[11] Noted jurisprudential scholar Robert P. George explained Jaffa's critique this way: "He attacks Rehnquist and Scalia and Bork for their embrace of legal positivism that is inconsistent with the doctrine of natural rights that is embedded in the Constitution they are supposed to be interpreting."
...
Some conservatives criticized Bork's approach. Conservative scholar Harry Jaffa criticized Bork (along with Rehnquist and Scalia) for failing to adhere to natural law principles.[11] Noted jurisprudential scholar Robert P. George explained Jaffa's critique this way: "He attacks Rehnquist and Scalia and Bork for their embrace of legal positivism that is inconsistent with the doctrine of natural rights that is embedded in the Constitution they are supposed to be interpreting."
- Robert Bork - Wikipedia the free encyclopedia
- Harry V. Jaffa - Wikipedia the free encyclopedia
- Robert P. George - Wikipedia the free encyclopedia