13 U. Puget Sound L. Rev. 379 (1989-1990)
Seven Answers for Professor Anastaplo

handle is hein.journals/sealr13 and id is 387 raw text is: Seven Answers for Professor Anastaplo

Harry V. Jaffa*
I.
The first of Professor Anastaplo's seven questions is:
What more should be said on behalf of Attorney General
Meese with respect to the matters touched upon by Mr. Jaffa?
In addressing this question, I am reminded irresistibly of a
scene in Duck Soup. The revolution in Fredonia is at its cli-
max, and the four Marx brothers are manning the guns.
Shells fly overhead and crash behind them. Mrs. Teasdale
enters stage right and asks: What's going on here? Groucho
replies: We're defending your honor, which is more than you
ever did.
Similarly, Professor Anastaplo is attempting more on
behalf of the former Attorney General than either Mr. Meese,
or anyone in the Justice Department, or any of the conserva-
tive think tanks has ever done. The short answer-indeed the
sufficient answer- to Professor Anastaplo's question is noth-
ing. It is Professor Anastaplo, not Mr. Meese, who couldn't
care less, and who takes issue with my assertion that no one,
on or off the Supreme Court, has ever expounded the theory of
original intent with greater eloquence or conviction than Chief
Justice Taney did in the case of Dred Scott.
Professor Anastaplo finds it difficult to credit either with
eloquence or conviction an argument that is patently false.
But surely, an argument need not be true to be eloquently
expressed. Consider Antony's speech, of unsurpassed elo-
quence and equally unsurpassed hypocrisy, over the dead body
of Caesar, in Shakespeare's Julius Caesar. Antony was utterly
cynical about the truth of his speech. But I am aware of no
reason to think that Chief Justice Taney was saying something
he did not believe to be true.
* A.B., 1939, Yale University; Ph.D., 1951, The Graduate Faculty New School for
Social Research; Hon. Lld., 1979, Marietta College; Hon. Lld., 1987, Riplon College;
Henry Salvatori, Professor of Political Philosophy, Claremont McKenna College and
Claremont Graduate School. Professor Jaffa assumes sole responsibility for all
substantive assertions contained herein.

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