Scalia, the Bible, and the Constitution: Only One of Them Is Dead

Last updated on: February 18, 2016 at 10:34 pm by Dwight Lee Wolter

Scalia, the Bible, and the Constitution: Only One of Them Is Dead 2016-02-18T22:34:42+00:00 Dwight Lee Wolter

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Recently departed Supreme Court Justice Antonin Scalia believed, “The only good Constitution is a dead Constitution.” For Scalia, the Constitution is static and should only be changed through the Constitutional amendment process. His theory is called “originalism” ~ a belief that the Constitution should be interpreted solely through the lens of what was written when it was written. Scalai’s theory of originalism has implications for you, me and modern society.

One example is that since abortion and gay marriage rights were not present at the time of the writing of the Constitution ~ arguments to protect them cannot be used to expand the meaning of the Constitution to address modern realities. Originalism never quite found footing with other Justices. Scalia was not a consensus builder and often wrote scathing dissents. Not surprisingly, his fundamentalist position on the Constitution won him friends, foes, admirers, detractors and devotees.

The Bible seems to “enjoy” a similar role in society as does the Constitution: Some believe it is literally true, every word of it, and it is a static document. Such persons might feel that the only good Bible is a “dead” Bible that cannot be “amended”. Others believe that while the Bible is true, it is not necessarily factual. Still others believe that the Bible is a historical document and, like any historical document, it was written with the bias of the time and circumstance in which the writers wrote.

A modern-day, religious situation with political implications that could be informed by Scalia and the debate over the Constitution is this: I am ordained in the United Church of Christ (UCC). A slogan of the UCC is, “Never place a period where God has placed a comma.” That slogan reflects another popular UCC slogan that, “God is Still Speaking.” These slogans point to the Bible as a living document that is best if interpreted to include what it might say about such modern issues as abortion and gay marriage rights.

But some ~ both within and outside the UCC ~ put forth an adaptation of the UCC slogan. They say we should, “Never place a comma where God has placed a period.” The implications of this reverse slogan are apparent. Not everything is up-for-grabs.

Like him or not, Supreme Court Justice Antonin Scalia has done us a huge favor. He has essentially forced Americans to sharpen our pencils and press them against the Constitution and the Bible. No matter where we stand, as individuals or institutions, concerning the separation of church and state; we need to pay attention to arguments about the Constitution and the Bible being interpreted solely in light of what they meant at the time when they were written. We would benefit from knowing our personal and collective core values that are not subject to amendment. We need to consider whether the interpretations of some persons matter more than others. And then we may come to realize that such seemingly obscure discussions as to whether the Constitution and the Bible still living or dead will have profound consequences for ourselves, our families and our institutions of faith.

Rev. Dwight Lee Wolter is the pastor of the Congregational Church of Patchogue on Long Island. He blogs at dwightleewolter.com

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