Part 4 of a 10-part series
Application to Law
The school of legal interpretation that is most extreme in an attempt to remain as purely objective as possible is termed “Original Intent.”
Strict Constructionists are especially concerned to avoid having the law become political. Law must remain above the social, cultural, and political fray – especially their unstable and changing realities – to be a means of independent control that effectively limits the conduct of citizens, institutions, and communities. In particular, law is to remain faithful to the reasons for founding the institution or community. Only what has been formally consented to by a legitimate source of authority can be constitutional law.
To go outside or beyond the original intent is to raise the question of the legitimate authority to make law. Courts are not legitimate authorities for the creation of law, and must not usurp the political role or trump the will of the body politic. If law is to evolve and change, then the changes must be overt and established through the given political processes. The only appropriate way to expand or change the constitution is to amend it explicitly. Until then, only the original intention of the ratifiers is legitimate and binding because that intent defines the scope of the consent. Nothing else, certainly no extension of internal logic or interpretive implications can be applicable because they will go outside that scope.
The aim is to limit any and all interpretations to that original intent and then to enforce rules that claim to carry out that intent. What founders or revisers intended in a constitutional article can be found in legislative history, such as in floor debates and media reports, or in evidence, such as articles and books. For example, the Federalist Papers are often examined for interpretation of the Constitution of the United States.
Application to the Bible
Christians try to apply “originalism” to scripture. Most of the time this is an attempt to find within scripture a code of law or of ethics that is absolute, inviolate, and universally to be applied at all times and all places – as applicable in the 21st century as it was in the time and place of the Roman Empire. This is articulated as a belief that “God’s law” is to be found in scripture. Biblical strict constructionists reject the legitimate authority of tradition and reason in interpretation of scripture, viewing each as unnecessary and even as an impediment. This is, of course, based on the perception that the Bible presents clear rules that everyone can understand and should follow. From this outlook, Christians of every day and age stand under Scripture as a rule that others made, or that God made through human instruments. Concomitantly, today’s Christians do not have the authority to make or unmake the rules through interpretation. By this interpretation, the church is to apply Scripture; it is to avoid making or revising an understanding of it. Read More…