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Scalia explains how to pick a Supreme Court Justice

By Denny Burk on February 18, 2016 in Politics

Scalia explains that if Judges are going to make the law instead of interpreting the law, then they have to be vetted for what kind of policies they are going to pass in their opinions. Scalia of course disagrees vigorously with judges who substitute their own will for the law. Nevertheless, as long as they do so, the people have a right to know what kind of laws they are going to pass in their rulings.

This is a brilliant little discussion and illustrates the farce that ensues when judges ignore a text’s original meaning. It also shows that one of the great ideological divides of our time is hermeneutical. Do texts mean what their authors intended them to mean, or do they mean something else? If you believe the former, you believe in the rule of law. If you believe the latter, you do not.

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    A short remembrance of Dr. Charles Ryrie

    By Denny Burk on February 17, 2016 in Christianity, Personal

    spacer I was in chapel yesterday when I learned that Dr. Charles Ryrie had passed away at the age of 90. Dr. Ryrie’s name is probably most familiar to evangelicals because of his best-selling Ryrie Study Bible. He is known to students of theology as an ardent proponent of Dispensationalism, a view that he cogently summarized in his popular book Dispensationalism and that he taught for many years at Dallas Theological Seminary.

    I will leave it to others to discuss Ryrie’s wider life and legacy. Sandra Glahn has penned a fitting tribute that is worth the read. I simply wish to share briefly about my own experience of the man. I knew Dr. Ryrie during my time as a student at Dallas Theological Seminary. But I didn’t know Ryrie as a professor. He had already moved on from DTS by the time I got there, even though his home was still in Dallas. Continue Reading →

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    On the Senate’s power to block judicial nominations

    By Denny Burk on February 16, 2016 in Politics

    When President Barack Obama was still a Senator, he opposed President Bush’s nomination of Samuel Alito to the Supreme Court. In a speech on the Senate floor, Senator Obama explained why:

    There are some who believe that the President, having won the election, should have the complete authority to appoint his nominee, and the Senate should only examine whether or not the Justice is intellectually capable and an all-around nice guy. That once you get beyond intellect and personal character, there should be no further question whether the judge should be confirmed.

    I disagree with this view. I believe firmly that the Constitution calls for the Senate to advise and consent. I believe that it calls for meaningful advice and consent that includes an examination of a judge’s philosophy, ideology, and record.

    Senator Barack Obama, January 26, 2006

    Senator Obama voted against President Bush’s nominee not because Alito was unqualified but because Obama did not agree with his judicial philosophy.

    This was not an abuse of power. Article II of the U.S. Constitution gives the President the power to nominate judges and the Senate power to confirm or not confirm them.

    The President… shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States.

    (HT: Scott Klusendorff)

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    Justice Scalia believed in the Devil (and was offended if you didn’t!)

    By Denny Burk on February 15, 2016 in Christianity, Politics

    spacer Supreme Court Justice Antonin Scalia was always quotable. Even when he was in verbal fisticuffs, he was a happy warrior. After Scalia’s passing on Saturday, I was reminded of a 2013 interview that he did with New York Magazine. The conversation was wide-ranging, but by far the most interesting exchange was about heaven, hell, and the existence of the Devil.

    This interview is a playful glimpse into Scalia’s faith, which did in fact include belief in the existence of a personal Devil. The interviewer is somewhat scandalized by the admission, but Scalia doubles-down. Scalia makes the observation that a majority of Americans believe in the Devil and that you have to be pretty out of touch with the American mainstream to be surprised to meet someone who really believes in the Devil. And he is right about that. A poll conducted the same year as this interview said that 57% of Americans believe in a personal Devil. Scalia did too, and this is what he said: Continue Reading →

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    Senate majority must confirm an originalist to succeed Scalia

    By Denny Burk on February 14, 2016 in News, Politics

    Discussions about the political consequence of Antonin Scalia’s death have already begun in earnest. That may be unseemly to some, but it is inevitable in this high political season. In the video above, Hugh Hewitt makes a profound observation about our current moment. Among other things, he says this: Continue Reading →

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    Some reflections on Justice Scalia’s passing

    By Denny Burk on February 14, 2016 in News, Politics

    spacer One cannot overstate how stunning Scalia’s death is. When I first saw the news yesterday, it was like a punch in the gut. But not like a normal punch in the gut. It’s more like a punch in the gut that damages the internal organs. There are consequences that long outlast the initial shock.

    For his family, obviously, the loss has a personal dimension that is all their own. Scalia had nine children and 28 grandchildren. On that score, Ross Douthat said it right: “Politics aside, we should all die full of years, with 28 grandchildren, in our sleep after quail hunting. Antonin Scalia RIP.” Amen.

    But of course for the rest of us, his death leaves us with the reality that perhaps the most important conservative in the world has just breathed his last. As a jurist, his name enters into the pantheon of justices who made their mark as great men of consequence—Marshall, Warren, Holmes, and now Scalia. We can hardly overstate his legacy as a jurist, much less his dogged determination that the rule of law meant that laws and the Constitution must be interpreted according to their framer’s intent. On this particular point, Scalia was the voice of one crying in the wilderness, and he was the voice of reason.

    And now that voice is gone. And it is not clear that there is anyone on the horizon who can fill that void. And that is why those who care about the rule of law are so unsettled about his passing. I wasn’t exaggerating yesterday when I said that his death feels a little bit like the passing of King Uzziah of old. It leaves one with a sense of uncertainty and judgment. Who could possibly take his place? No one. At least not in our lifetimes.

    In the meantime, we watch and grieve the passing of Scalia. His passing is another reminder that our life is a breath. It is here, and then it’s gone. Even if you live to be old and full of years, you still have to die. It’s the great equalizer that casts our minds to eternal things. And that is good for all of us.

    “As for the days of our life, they contain seventy years, Or if due to strength, eighty years, Yet their pride is but labor and sorrow; For soon it is gone and we fly away… So teach us to number our days, That we may present to Thee a heart of wisdom.” –Psalm 90:10, 12

    “Some trust in chariots and some in horses, but we trust in the name of the LORD our God.” –Psalm 20:7

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    Pop Quiz: How competent are you with English?

    By Denny Burk on February 12, 2016 in Educational

    Here’s a little English pop quiz that I just posted on Twitter. It’s only one question. Let’s see if you can get it right.

    What does "he" mean in the following sentence?

    "If anyone has a question, he can ask me after class."

    — Denny Burk (@DennyBurk) February 13, 2016

    I plan to follow-up with an answer and an explanation in about a week (maybe sooner).

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