As I often do around Christmas, I have been grading exams for my Constitutional Law course at Patrick Henry College today. Specifically, I am grading essays which evaluate the legitimacy of interpreting the Constitution according to its original meaning as opposed to following the living Constitution theory. There is a bit of a parallel between constitutional originalism and Christmas that deserves a brief mention. Jesus came as the Incarnate Word. It was Gods choice to identify Himself in this manner. The Word said of Himself: God is not a man that He should change, nor the son of man that He should relent. Has He not said and will He not do it? God is just. A just God is certain and unchangeable. An unjust theory of God would render Him as arbitrary and whimsical. Justice is always fixed and knowable not arbitrary and inscrutable. When Jesus came as a baby, He was not changing who God was--He was revealing to mankind more of the very same God--the God of Abraham, Isaac, and Jacob. Fixed, knowable, just. Religious leaders have no authority to change the message of God. They must faithfully interpret the original meaning of the Word. While I am not one who believes that the Constitution was divinely inspired, I do believe that it should be interpreted according to the timeless principles of justice. And justice is a reflection of the character of God. The Constitution should have a fixed and knowable meaning. The applications of the Constitution will change from situation to situation, just as the application of the Word can change from person to person. But the meaning of the Word and the meaning of the Constitution should not change. Faithful judges, like faithful religious leaders, should do their very best to discharge their duties according to the original meaning of the words which govern their sphere. Time will only change application and never meaning. Only an unfaithful steward changes the meaning over time. Pastors and Judges alike should reflect the great hymn of Christmas: O Come All Ye Faithful.
Posted on: Wed, 24 Dec 2014 21:45:23 +0000
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