An Unalienable Shelf

Supreme Court Justice William Brennen, Jr., speaking at Georgetown University on October 12, 1985, put into words something that has been gnawing at me for months now. I had only one class in law, and that was business law. Yet I think it true that values exist beyond the violent grasp of politics. Brennen agrees, pointing to the Bill of Rights.

"The view that all matters of substantive policy should be resolved through the majoritarian process has appeal under some circumstances, but I think it ultimately will not do. Unabashed enshrinement of majority will would permit the imposition of a social caste system or wholesale confiscation of property so long as a majority of the authorized legislative body, fairly elected, approved. Our Constitution could not abide such a situation. It is the very purpose of a Constitution-and particularly of the Bill of Rights-to declare certain values transcendent, beyond the reach of temporary political majorities. The majoritarian process cannot be expected to rectify claims of minority right that arise as a response to the outcomes of that very majoritarian process."

The Bill of Rights, of course, is a document born of politics. But the founders rightly tossed the ball up out of reach and into the hand of God, "that they are endowed by their creator with certain unalienable rights" and it lists a few of these that were consequent upon its historic purpose.

I think American politics has forgotten this high unalienable shelf. And I know that American evangelicals have largely forgotten it. But a theological politic must have it and cannot exist without it. Isn't that shelf "Jesus is Lord (and you are not)"? Yes. Consider, then, the unalienable shelf of values untouchable by the greedy chaos of human politic: to it we aspire and from it we are judged (Psalm 2).