As we began this conversation I was not sure what direction it would take. How would we agree? How would we disagree? One of my former teachers used to say that we have to rise to the level of argument. That is, we have to so clarify our terms and our meanings such that our claims and counter-claims can actually engage each other. I think we’ve achieved some degree of that, and I want to again express my appreciation for this project and to Kathy Lee for pressing me to think harder about justice and our constitutional order. While there is no doubt we will not have exhausted our exploration of this issue, I think we’ve clarified some things and done so with more light than heat.

Kathy’s last entry posed several incisive questions. In this final contribution to this month’s conversation, I’ve organized my response as answers to a series of questions. I’ll conclude by posing a question for Kathy and myself, and the readers.

As someone who has taught courses related to American governmental institutions, including constitution law, for more than years than I like to think about, I appreciated very much Micah’s overview of the functions of a constitution. In fact, I may ask his permission to use a section of his essay in a future class. In my presidency class the other day I posed the question, “What is constitutionalism?” and was taken aback by the few who had an answer readily at hand. Obviously, I need to say more about constitutionalism in lower level courses, and Micah’s overview is invaluable. As Micah points out, a constitution expresses aspirations of a people, allocates and limits powers, and provides structure through which a polity can make more laws.And I could not help but think that Dr. Martin Luther King, Jr. would have said a hearty amen to Micah’s statement: “To the extent that the ideals are misguided and even antithetical to human flourishing, Christians should not be informed by but attempt to transform (witness to, change) a constitutional system through both ordinary and extraordinary politics.”

Before turning to questions I have about Micah’s essay let me state my views on the Obergefell decision. Given my previous essay, it will not come as a surprise that I rejoiced in the Court’s decision. In fact, I was in Washington, DC, outside the Supreme Court, when the decision was announced and celebrated with the hundreds of people there.

At the outset let me state what might be called my first principles. As a Christian and as a citizen of the United States, I view the Constitution both as a constitutive document for this country and also a ‘living’ document. It is, like the Bible, a text that requires interpretation; it is not self-interpreting. Because I have taught constitutional law I cannot help but then think of the Constitution as connected to judges, ultimately to the Supreme Court justices. I place myself within the Reformed tradition, and so view government as an institution that can be used to achieve justice.

While today I readily affirm the Constitution’s importance in creating our governmental structure as well as setting out aspirations, I grew up in a faith tradition which did not affirm the Constitution because the document omitted any reference to God’s sovereignty over all of life.