Living Constitution & Emergent Church: Subjectivity Reigns

As the confirmation hearings for nominee Elena Kagan begin this week, we again return to the question of how Supreme Court justices should interpret the Constitution. Central to this inquiry is the approach that justices take towards both the text and the fundamental principles which undergird our Constitution. There has been a long-running debate concerning this among varying judicial philosophies, one that in many ways mirrors current tensions among the Christian church. The recent phenomenon of the emergent church movement provides us with a striking similarity to the approach taken by many of our nation’s modern/activist judges.