An
Originalist
Writing in the recent
issue (September 14, 2015) of The
Weekly Standard, law professors Randy Barnett (Georgetown) and Josh
Blackman (South Texas) insist the next president should find justices for the
Supreme Court who are “originalists.” They define “originalism” as: “Adhering
to the original meaning of the text of the Constitution - each and every word”
(pg. 24).
It is a lazy (and
dishonest) judge who rules based on his or her own heart’s dictates and
desires. It takes time and effort to study the original context of the
Constitution - its words, phrases, and overall context. He/she would need to
study the writings of those who wrote the Constitution, defended the
Constitution in the early years, and commented on its interpretation in those
early years.
I am certainly no
legal scholar but this approach only makes sense. If you want to know what the
Constitution means and how
it applies today, you have to know what it meant then and how it applied at that time. It
is the Supreme Law of the land. If the government is to have a warrant before
it can search your house, it only makes sense
in the digital age that the government needs to have a warrant before it
searches your telephone records, e-mail, etc. Principles endure.
This approach also
rules out federal law allowing abortions, homosexual marriages, providing
healthcare or the regulation of the economy. None of these are found in the
Constitution and, as any middle school student should know, the Tenth Amendment
provides that any powers not specifically delegated to the federal government
(nor prohibited to the states) are reserved to the states or the people. That
is not hard to understand, as any middle school student would know.
Are you a
Constitutional originalist?
When it comes to the
Word of God, the Supreme Law in spiritual matters, the same approach is
required. We are separated by the New Testament authors by: language, culture,
political environment, continents, and many, many years. The same is true with
the Old Testament writers.
It is lazy (and
dishonest) to twist the Scriptures and make them say whatever one wants them to
say, to tickle one’s own ears. It takes time and energy to study the original
context of the Word of God. This approach is called the “historical-grammatical”
method of study. This approach, like Constitutional originalism, seeks to learn
the meaning of a given passage as
the author intended and learn his intended application to his original audience.
There is one meaning to the passage - the one intended by the author.
When you have studied
the original context, the biblical (not English) definition of words, the
context in that particular book/letter, and the overall context of the Bible
dealing with that theme, then you know what you need to know. When you have
reached that point, you also know what the application of the text is for
today. Principles endure.
This approach to God’s
law rules out the sinner’s prayer as means to obtain salvation, mechanical
instruments of music in worship, a “pope,” denominational hierarchies, and so
forth. They are not found in the Scriptures and the Scriptures say if something
is not found in them, do
not do them: Revelation 22:18-19; Deuteronomy 4:2; Proverbs 30:6;
Galatians 1:6-9.
--Paul Holland
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