Energion Roundtable Week 8 Responses
This week’s Energion Roundtable question concerned the courts and as usual there were a range of views in the responses from Arthur Sido, Bob Cornwall,, Allan R. Bevere, Joel Watts and myself.
As usual Sido and I pretty much agreed, and our biggest disagreement is that I spoke of original intent whereas he referred to “strict constitutionalist.” While legal scholars would find some difference between the terms, for the purposes here they are synonymous.
Cornwall did not really speak to the various philosophies and seem to focus more on preferring judges who would agree with his political views and opposing those who do not, which is a fairly common view and one of the problems with the politicization of the courts.
One of the examples of a bad decision cited by Cornwall was Citizen’s United, which is attacked on the left as much as Roe v. Wade is attacked on the Right; Sido, for example called Roe “a legal monstrosity.” But there is a huge difference in these rulings that goes to the heart of the way Judges reach their decisions.
At issue in Citizens United was whether or not a group, the Citizens United of the title, could distribute a movie about Hilary Clinton. The questioning during oral arguments showed that the statue covered far more than movies, and could even include books. Thus the problem was summed up by Justice Scalia as
“you are a lawyer advising somebody who is about to come out with a book and you say don’t worry, the FEC has never tried to send somebody to prison for this. This statute covers it, but don’t worry, the FEC has never done it. Is that going to comfort your client? I don’t think so.”
Thus at the heart of Citizen’s United was the first amendment and whether or not government could ban a movie, or even a book about a political candidate, something I would argue is pretty clearly covered in the First Amendment. One can argue about whether or not the First Amendments applies to people who organize themselves into a corporation, or if by organizing they lose their first amendment rights, but that the first amendment covers speech is not at issue.
Looking at Roe v. Wade the issue is far different. It is just a fact that the Constitution does not mention abortion. If the framers had wanted to include it they certainly could have. It is not as if abortion is some new technology like computers they could not have known about. But they did not include it. So Roe asks us to believe that either this right was in the constitution but had gone completely unnoticed for nearly 200 years, only to be discovered in 1973, or that the Court acts basically as a running constitutional convention able to change the constitution as it sees fit.
Bevere attacked the idea of strict Constructionism writing,
“Judges have judicial philosophies. It is impossible to come to any text in an objective and neutral way. Hence, I reject the idea that one can have what is referred to as a strict constructionist reading of the text.”
This strikes me as the perfect is the enemy of the good. He is probably correct that this cannot be determined in any perfect sense, but that is far different from rejecting the pursuit altogether.
Again if Judges are not going to make these decisions based on what it meant when passed as best as they can determine it, what are they going to make the decision on and on what basis can they change it? Bevere is not real clear on this point.
Finally, and surprisingly I agree with much of what Watts wrote, except that,
“Whether we like it or not, both sides have destroyed the sanctity of the separation of powers and the non-partisan court.”
While there is some truth to this, the two sides are hardly equal or the same. As I pointed out in my answer, those arguing for judges who will overturn Roe because it is not grounded in the Constitution are frequently confused with those arguing for overturning Roe, because they oppose abortion.
Thus I would argue that decisions like Roe and those who support them are the cause of the politicization. Rulings like Roe, grounded in the current majority of the Court rather than the text of the Constitution, inevitably make judges into policy makers. This puts them squarely into the political arena. They cannot use the excuse ‘We are just following the law,’ if they are the ones making the law.
Ultimately the core problem can be seen in Watts’ statement,
“The only litmus test needed for the Supreme Court is whether or not the would-be justice believes that he or she can effective rule in a constitutional manner, regardless of the issue.”
This sounds nice, but it begs the question of just what is “a constitutional manner?” Is the judge bound by the Constitution as written, passed and amended? Or is the Judge free to change the meaning of the Constitution in the process? That is the key question.
Energion Roundtable Week 8 Judges
This week’s Energion Roundtable question with Bob Cornwall, Arthur Sido, Allan R. Bevere, Joel Watts, and myself is:
One of the ways in which a president shapes the future of the country is through appointments to the judiciary, and especially the Supreme Court. How do you see each candidate shaping the future of the court, and why is this important? (If you are supporting a particular candidate, focus on that one.)
While much of the debate surrounding the election is, for obvious reasons, focused on the economy, a president is likely to have much more of a lasting impact on the country in the areas of foreign policy and judicial appointments, particularly to the Supreme Court. This is especially true with this election for two reasons. The first is that currently there four “liberal” justices, four “conservative” justices and Anthony Kennedy who frequently acts as the swing vote. The second is that it is likely that in the next 4 years, several Supreme Court justices are likely to retire. Thus the next president may very well have the ability to shift the balance of the court one way or the other for years, if not decades to come.
The terms “Liberal” and “Conservative” in the last paragraph are in quotes because, while commonly used, they are not the most accurate, for it implies that the judges are ruling based on political positions. While this is sometimes the case, more often than not the different decisions come from different views of the Constitution.
What is commonly labeled “conservative” is more accurately called a Strict Constructionist view, which is a view that seeks to understand the law and Constitution as it was written and passed. On the other hand, the “liberal” view is sees the Constitution as a Living Document, and it is the task of the judge to understand the Constitution in light of the advancements of modern culture.
While both might seem like viable approaches, as I explain in detail in Preserving Democracy, there are key differences between them. With Strict Constructionism the judge is bound by the law and/or Constitution. With the Living Document view, the judge is not bound and can reinterpret the Constitution in light of changes in society, which, not too surprisingly, tend to mirror the judge’s political views.
Supporters of the Living Document view claim this ability to reinterpret is necessary in order to for the Constitution to stay current. Strict Constructionists argue that if a change is needed, that is what the amendment process is for.
I believe there are several major problems with the Living Document view. The greatest is that since it not only allows, but encourages judges to change the Constitution by reinterpreting it, it places the judge above, not below the Constitution, and thereby undermines the rule of law.
This means that judges are not just ruling based on what the law and Constitution say but instead they are making policy decisions and based on their policy decisions they tell us what the Constitution now means. This leads to a politicization of the Courts that is most visible when it comes to Supreme Court nominees. At one time judicial nominations, even for the Supreme Court, were hardly even noticed. Now they are major political battles, with judges being nominated and confirmed, not based on judicial temperament, but on the likelihood that they will vote “correctly” on particular political issues.
Because of the difference between the two positions, the left with its predominate support of the Living Document view has been far more political. After all, many of the advances of liberalism have been brought about through the imposition of courts rather than the democratic process. This can also be seen in the fact that while several nominees of Republican Presidents have turned out to be liberal over the last ½ century, the reverse has not occurred. This was also seen in the fact that while there was a lot of discussion about whether Kennedy or Roberts might join with the liberals (as Roberts eventually did) there was no serious thought that one of the liberal justices might join with the conservatives.
Given this liberal dominance among the Living Document view, Strict Constructionists are at times falsely labeled as conservative activists. This is because a Strict Constructionist view would overturn many of the rulings based in a Living Document view and these are normally of a more liberal bent. But, to pick the most obvious example, overturning Roe v Wade and returning the matter to the states were it was before the ruling would not be judicial activism. The Constitution does not address the matter one way or the other. So overturning it in favor of a judicial ban on all abortion would be judicial activism in the opposite direction.
The real danger with the Living Document view is that it grounds the Constitution, not in the text, but in the current majority of the Supreme Court, and majorities change. Thus even if you like the direction courts in recent decades, what the court has the power to grant, the court has the power to take away just as quickly.
So for me this is easy decision. I believe the Constitution means what is says, and if society changes to the point that it needs revisions, there is an amendment process. Obama, on the other hand, has appointed two Living Document supporters who are solid liberal votes, but this only preserved the tenuous balance of the court; one that is sure to change once Kennedy retires. Romney says that he will appoint strict constructionists. I hope that he does.
I would like to see the court return to ruling on what the law and the constitution says such that the political views of the judge do not matter. My fear is that one side or the other will achieve a majority of judges on their side who support the Living Document view, and the Constitution simply becomes pretext for their political goals. With Obama that will be certain, with Romney, there is at least a chance to turn it around.
The Epistles of John: Living in Truth and Love. 1 John 4:2-3
Week 35: Sept 30, 2012
Study
i. How to test (4:2-3)
2 – This is how you can recognize God’s Spirit: Every spirit who acknowledges that Jesus the Messiah[1] has become human—and remains so—is from God.
– Having said that we should test, John now gives us a means for testing.
Jesus the Messiah has become human—and remains so
– The Greek is somewhat ambiguous here. This could be translated as Has become (NIV) or is come (KJV) The ISV translation encompasses both views. Those who left seem to have drawn a distinction between physical and spiritual and as such they would have denied this. So what John has done is go straight to the core issue: the nature and person of Jesus.
– This is also the dividing line when we look at those who attend other churches. What do they say about Jesus? We may disagree on a lot of side issues, but the key question is what do they say about Jesus.
3 – But every spirit who does not acknowledge Jesus is not from God. This is the spirit of the antichrist. You have heard that he is coming, and now he is already in the world.
– This is so important that John expresses it both in a positive and a negative fashion as a way of emphasizing it.
not acknowledge Jesus
– There is a textual issue here as some manuscripts have Jesus is come in the flesh or similar variations. These are almost certainly later addition by scribes who were attempting to make this verse match verse the wording in verse 2.
– Note that the focus here on Jesus (as opposed to saying that we should acknowledge the Messiah) and thus it serves as a perfect summary. First, it focuses the issue on the key point denied by those who left. Second by just mentioning Jesus, and it serves as a generalization, i.e., the nature and person of Jesus.
spirit of the antichrist
– Again this is a term that has taken on a lot of meaning since the first century. John usage here is not focused on the end times, but on those who claim to be followers of Christ, when in reality they are against or opposed to Christ; i.e., antichrists. ( See comments on 2:18)
If you have question or comments about the class, feel free to send me an email at elgin@hushbeck.com and be sure to put “Epistles of John” in the header.
See here for references and more background on the class.
Scripture taken from the Holy Bible: International Standard Version®. Copyright © 1996-2008 by The ISV Foundation. ALL RIGHTS RESERVED INTERNATIONALLY. Used by permission. www.isv.org
Note: Some places I have modify the text from the ISV version. Passages that I have modified have been noted with and * by the verse number and the ISV text is included in a footnote.
Footnotes:
[1] 4:2 Or Christ
[1] 4:2 Or Christ
The Epistles of John: Living in Truth and Love. 1 John 3:23-4:1
Week 34: Sept 23, 2012
Study
i. The Commandment (3:23-3:24)
23 – And this is his commandment: to believe in the name of his Son, Jesus the Messiah,[1] and to love one another as he commanded us.
– John spells out what is expected of us: Believe in the name (On name see notes on 2:12). The concept of Name refers to the power and the authority. This stems from who Jesus is. Note that John includes Jesus. This is another indication that those who left were a form of proto-Gnostics who would have rejected that the physical Jesus was anything more than just a container for the Messiah. The other part of the command is to Love one another. These are the two tests of a true Christian. On a side note, just think of all the things the church has at times added to this list. John’s list is much better.
24 – The person who keeps his commandments abides in God,[2] and God abides in him.[3] This is how we can be sure that he remains in us: he has given us his Spirit.
– John once again returns to equating obedience with abiding in God, We in him, and He in us. Marshall points out that obedience here is not so much a condition but an expression of abiding in God.
This how we can be sure
– While obedience equates to abiding, John give us a further test: The Holy Spirit. John does not specify how will manifest itself, probably because it is different for different believers. But his does raise the question, how do we know that what we think is the spirit is the Holy Spirit? This is a question to which, John will now turn.
d. Test what People Say (4:1-3)
i. Test (4:1)
1 – Dear friends, stop believing[4] every spirit. Instead, test the spirits to see whether they are from God, because many false prophets have gone out into the world.
– Having just told them that the Spirit confirms that we abide in God, John adds a caution: Not every spirit is from God, it is important not to be deceived. Mormons, for example, base their faith on “their Testimony” which they believe to be a message directly from the Holy Spirit. My faith is based on a message I believe came from the Holy Spirit. We both cannot be correct. So how can we tell?
test the spirits
– Faith is not simply a belief and nowhere are we told to just blindly accept. Christianity is not just an abstract theological system to be believed. It is a faith based grounded in historical events that can and should be tested. For example:
1 John 10 – The claim of who Jesus is in 10:30 is challenged. Note how Jesus basis his claim on evidence in 10:30-37
If I am not doing my Father’s works, do not believe me. But if I am doing them, even though you do not believe me, believe the works,
2 John 14:11 – Jesus told his disciples to believe him, or at least believe the works (i.e., the evidence) that he has been doing.
3 Acts 17:11 – the Bereans tested everything Paul said
4 1 Thess 5:21 – Test everything
– many false prophets have gone out into the world
– Not only are there false spirits, but people are deceived by these spirits have gone out into the world. How we are to deal with these false prophets was a key message of 2nd John. Given the context here, it is most likely, those who left also claimed to be led by the Spirit.
If you have question or comments about the class, feel free to send me an email at elgin@hushbeck.com and be sure to put “Epistles of John” in the header.
See here for references and more background on the class.
Scripture taken from the Holy Bible: International Standard Version®. Copyright © 1996-2008 by The ISV Foundation. ALL RIGHTS RESERVED INTERNATIONALLY. Used by permission. www.isv.org
Note: Some places I have modify the text from the ISV version. Passages that I have modified have been noted with and * by the verse number and the ISV text is included in a footnote.
Footnotes:
[1] 3:23 Or Christ
[2] 3:24 Lit. in him
[3] 3:24 Lit. and he in him
[4] 4:1 Or do not believe
The Epistles of John: Living in Truth and Love. 1 John 3:19-22
Week 33: Sept 16 2012
Having contrasted sin with abiding in Christ, John now gives two positive examples to show what abiding in Christ and love really mean.
Study
i. Two Benefits (3:19-3:20)
*19-20 – This is how we will know that we are from[1] the truth and how we will be able to keep our hearts[2] at rest[3] in his presence, 20whenever[4] our hearts condemn us because[5] God is greater than our hearts and knows everything.
– Having stated the principle, John now gives us two reasons that we should do this. The first reason is the service of other is a sign of our devotion to the truth – That we are from (i.e., that we are grounded in) the true teaching of Christ. The second is that this should set our hearts as ease. If we are too busy “giving our lives” to others, there is no need to worry about our relationship with Christ.
– If our hearts condemn us
– This is a difficult verse because it is not clear exactly what John means. One possibility is that if our hearts condemns us we can take comfort in our service to others. The another is that whenever our heart condemns us, we can take comfort knowing we are from God. The word condemn (καταγινώσκῃ) here refers to knowing something against someone. But John is quick to point out that God is greater than our hearts and knows everything. He knows more than our heart does, he is the judge, not our heart. He sees everything we do. Yes he sees our failures, but he sees all the times we are faithful that we followed the leading of the Holy Spirit but did not even realize it.
c. Love answers prayer (3:21-24)
i. The Confidence (3:21-3:22)
21 – Dear friends, if our hearts do not condemn us, we have confidence in the presence of God.
– John transitions by taking the point from the previous verse, i.e., that we put our heart at rest and moves his argument forward. If our heart is at rest, we can be confident before God. Do you feel confident? If not, why not?
22 – Whatever we request we receive from him, because we keep his commandments and do what pleases him.
– This is another difficult statement. One that in many ways, seems too good to be true. But as Marshall put it, “though we are encouraged to have faith that will move mountains, a prayer that an awkward mound in my garden will smooth itself out is unlikely to be answered by some kind of miraculous bulldozing operation.” (p 200) But as always context is important, and here it is in the context of keeping His commandments, and doing His will. This is not a grant of power to ourselves, but an expression of God’s willingness to work through us. He will give us whatever we need to do His will.
If you have question or comments about the class, feel free to send me an email at elgin@hushbeck.com and be sure to put “Epistles of John” in the header.
See here for references and more background on the class.
Scripture taken from the Holy Bible: International Standard Version®. Copyright © 1996-2008 by The ISV Foundation. ALL RIGHTS RESERVED INTERNATIONALLY. Used by permission. www.isv.org
Note: Some places I have modify the text from the ISV version. Passages that I have modified have been noted with and * by the verse number and the ISV text is included in a footnote.
Footnotes:
[1] 3:19 ISV belong to
[2] 3:19 ISV: keep ourselves 3:19 Lit. keep our hearts
[3] 3:19 ISV: Strong
[4] 3:20 ISV: if
[5] 3:20 ISV: lacks because
