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Supreme Court Justice David Hackett Souter announced late last week that he was retiring. Less than four months into his term, and President Obama already has the serious job of nominating a justice on the US Supreme Court, one of the most powerful positions in the US Government. Who will next sit in Souter's seat? Many argue that Obama will choose a woman, and others believe she will also be a minority. The real issue, however, is not the gender of the nominee or color of the nominee's skin; the big issue will be how Obama's choice views the US Constitution.

Speculation on just who will be Obama's top choice is premature right now. Souter will retire when the Supreme Court session ends in June, and the President has a few months to vet prospective nominees. We can, however, speculate on what kind of constitutional philosophy his nominee might have and what philosophy we wish that person would have.

Justice Souter was appointed by President George H.W. Bush, and in 1990 America expected the new justice to be fairly conservative. Instead, Souter turned out to vote as a moderate pragmatist. He has tended to make practical decisions rather than decisions based on the letter of the Constitution. This judicial philosophy has made him one of the more liberal judges on the Supreme Court today. He may or may not abide by precedent. He may or may not uphold state rights. He may or may not uphold Freedom of Speech. He doesn't worry about what the framers of the Constitution originally intended.

While fellow Bush appointee Clarence Thomas has tended to line up with conservative Antonin Scalia on controversial social issues, Souter has lined up with Clinton appointees Ruth Bader Ginsburg and Stephen Breyer. In Lawrence v. Texas, Souter voted with the majority to overturn state laws against sodomy. He voted with the majority to uphold the state right to legalize assisted suicide in Oregon. In Lee v. Weisman, Souter voted with the majority to outlaw prayers at public school ceremonies, rejecting Free Speech and the "free exercise thereof" clause of the First Amendment in the name of separation of Church and State.

This is the man that Obama will be replacing. If the President appoints another moderate pragmatist, therefore, it won't change the balance of the court much. Yet, Souter was not a determined liberal. He did not have any apparent agenda when he was appointed other than to be careful how his decisions affected the lives of real people. Obama could bring in somebody far more liberal than David Hackett Souter – somebody who could sit on the Court for the next 30 years.

While it is easy to call justices "conservative" or "liberal," those terms do not mean the same in a court as they do in Congress. Supreme Court justices are not supposed to have any political agenda when they arrive at the Court. They do, however, have varying constitutional philosophies, and it is justices' philosophies about how to interpret the Constitution that tend to place them in one camp or another.

There are those who believe the Constitution is a "living" document, one that can be molded to fit the society of any particular decade. There is nothing about abortion mentioned in the Constitution, and yet seven of nine justices in 1973 decided that a "right to privacy" collected from a variety of amendments in the Bill of Rights meant that states were no longer free to outlaw abortion.

Current Justice Stephen Breyer, for instance, argues for a flexible and adaptive interpretation of the Constitution and is known for promoting "active liberty." He has been accused of making decisions as though he and other justices are a law unto themselves. Rather than recognizing the plain meaning of the Constitution as the Law, he loosely uses the Constitution to support the decisions he thinks are best.

Conservative justices currently on the court - John Roberts, Scalia, Thomas, and Alito - make decisions based on the position that the Constitution is a legal document, and that they should interpret it either according to the original purpose of the founders or according to the actual definitions of the words themselves. Constitutional Originalists argue there is no room for "finding" new rights in the Constitution that were not expressly penned there. If the Constitution can be made to say anything you want it to say, then it is no longer the Law, it's just a political or social tool. It's the job of Congress, and not of Supreme Court justices, to "make" new laws.

Justice Antonin Scalia has long criticized the living Constitution view. He has said, "The horrible consequence of that, you understand, is that it places the meaning of the Bill of Rights in the hands of the very entity against which the Bill of Rights was meant to protect you against, that being the majority."

"The Constitution is not an organism, it is a legal document," Scalia has noted. 

The little that Obama has said about his plans for the new justice make it fairly clear that he does not plan to put a Constitutional Originalist on the Supreme Court. According to The New York Times, the President plans to replace Souter with somebody who recognizes "how our laws affect the daily realities of people's lives." He also wants, "someone who understands that justice isn't about some abstract legal theory or footnote in a casebook."

In other words, he wants a pragmatist like Souter, and not necessarily a legal expert. At the same time, Obama said his nominee would be someone "who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role."

It might be difficult to marry those two sets of ideals into one person, and one who has the persuasive ability to bring other justices around to his or her point of view.  Whoever Obama nominates, that person has the potential to be making vital decisions on American law for a very very long time to come.

"God is our refuge and strength, an ever-present help in trouble." -Psalm 46:1

This Thursday, May 7, marks the 58th annual National Day of Prayer.  Cities and churches throughout the nation will hold prayer gatherings to recognize God's goodness and to thank Him for the many blessings He has poured on America.  Millions will gather to seek His guidance and protection for our national and local leaders, our communities, and our families.

On February 19, 1795, President George Washington proclaimed a day of public thanksgiving, and since that time there have been many days of national prayer in America. In 1952 Congress established an official National Day of Prayer, and in 1988 set aside the 1st Thursday in May for that purpose.

"Prayer... America's Hope" is this year's theme, based on Psalm 33:22:  "Let thy mercy, O LORD, be upon us, according as we hope in thee. "

"Since the days of our Founding Fathers, the government has protected and encouraged public prayer and other expressions of dependence upon God," said Shirley Dobson, Chairman of the National Day of Prayer Task Force. "However, there has been a concerted effort by a small but determined number of people who have tried to prohibit all public references to the Creator, whether it be in the Ten Commandments, the Pledge of Allegiance, or a simple act of corporate prayer. This is unconscionable for a free society."

Need Something To Pray For?

Pray for Government:  From the President and Congress and Supreme Court down to our local mayors and town councils, our government officials need prayer for guidance and wisdom.  Whether or not we agree with them politically, these men and women are in positions of authority, and they need our prayers, not just on Thursday, but constantly.

• Pray for Military:  There are plenty of miracle stories among America's soldiers about times they've witnessed amazing protection during deadly situations.  Keep praying for our soldiers on the field as well as for their leadership all the way up to the decision-makers in the Pentagon.  Also remember the families of the fallen, who continue to grieve long after the battles are over.
• Pray for Media:  We need an honest and unbaised media in America that will give straight-forward news.  We also need to pray for righteous role models in the sports and entertainment industries.  As we enjoy the many media outlets available to us, we need to be careful about the influences to which we expose ourselves and our children, and we need to seek input that will further our true purpose on this planet.  Pray for America's heart to be moved regarding these things.
• Pray for Business:   This means far more than praying for the economy.  We need to pray for honest and ethical behavior in America's businesses.  The United States is a nation of business, and righteous and wise business practices lead to prosperity just as corruption and greed have lead to destruction.  We need to practice excellence in our businesses.
• Pray for Education:  The schools of America were once founded on the Bible.  A knowledge of the Bible was considered an integral part of education, and literacy was vital to being able to read God's Word.  Over the past fifty years, that attitude has completely changed in our education system.  And despite vast amounts of money and effort, our schools are riddled with apathy, illiteracy, and violence.  We need to pray for our schools and the students in those schools.  We also need to pray for our teachers and the policy makers who affect education decisions, and we need to pray that effective new ideas (or effective old ideas) will be free to make an impact.
• Pray for Church:  Our pastors and their families need constant, daily prayer.  They need to be able to lead their local bodies through the strength and guidance of the Holy Spirit, and they need protection and encouragement in the midst of constant stresses and temptations.   We also need to pray for the Church across America and across the world.  We are a Body, and when one member is hurting, we all suffer.  We need to care for one another.
• Pray for Family:  We were all raised by somebody.  Family is the foundation of society, and if our homes are filled with abuse and neglect and poor examples, our country is in serious trouble.  We need to pray for marriage in America, for loving husband and wife relationships in homes where children are lovingly cared for.  We need our homes to be places where parents practice what they preach and demonstrate to children how wise and healthy decisions are made.  We also need to pray for upcoming legislation and court cases that will affect the Family.

Please join others in your city or church, or start your own prayer gathering on Thursday.  There are prayer events being held in communities from Seattle to Washington DC and from Los Angeles to Augusta to Ft. Lauderdale.   Prayer warriors are meeting at city halls and parks, schools and military bases, prisons and homeless shelters and even gas stations!  Gather wherever you can, and join hearts with other believers to seek God for our nation, our communities and our families.

The World trusts in riches and power and prestige, but these things are temporary and can be lost in a day - as we have seen repeatedly in recent years.  Only God is always faithful.  Only God is holy and incorruptible.  Only God can provide real safety and strength.  Only God gives us true hope.

"Teach me thy way, O LORD; I will walk in thy truth: unite my heart to fear thy name. I will praise thee, O Lord my God, with all my heart: and I will glorify thy name for evermore." - Psalms 86:11-12

Esther is an obscure book to many, even though it is a story of romance and palace intrigue set in the glory days of the Persian Empire. A Jewish maiden, elevated to the throne of Persia as its queen, is used by God to preserve His people against a Hitler-like annihilation. Even the works of Shakespeare's dramatic genius cannot compare with the drama and irony in this captivating epic.

To this day, the Feast of Purim is held to commemorate these events. Instituted by Mordecai to celebrate the deliverance of the Jews from extermination, Purim (from Akkadian, puru, "lots") is so called after the lots cast by Haman in order to determine the month in which the slaughter was to take place. Held on the fourteenth day of the Jewish month of Adar, Purim is one of the most joyous days of the year.

The book of Esther chronicles real historical events. It deals with the Jews escape from genocidal annihilation after their return from Babylonian captivity. Chronologically, Esther makes possible Nehemiah. It was Esther's marriage to the king of Persia that ultimately leads to the rebuilding of Jerusalem and enables the chain of events that led to the appearance of the Messiah five centuries later.

Orphaned as a child and brought up by her cousin Mordecai, Esther was selected by King Ahasuerus to replace the queen when Vashti was disgraced. Haman, the prime minister, persuaded the king to issue an edict of extermination of all the Jews in the Persian Empire. Esther, on Mordecai's advice, endangered her own life by appearing before the king-without being invited - in order to intercede for her people.

Seeing that the king was well disposed toward her, she invited him and Haman to a private banquet, during which she did not reveal her desire but invited them to yet another banquet, thus misleading Haman by making him think that he was in the queen's good graces. Her real intention was to take revenge on him. During a second banquet, Queen Esther revealed her Jewish origin to the king, begged for her life and the life of her people, and named her enemy.

Angry with Haman, King Ahasuerus retreated into the palace garden. Haman, in great fear, remained to plead for his life from the Queen. While imploring, Haman fell on Esther's couch and was found in this ostensibly compromising situation upon the king's return. He was immediately condemned to be hung on the very gallows which he had previously prepared for Mordecai. The king complied with Esther's request, and the edict of destruction was then changed into permission for the Jews to avenge themselves on their enemies.

It is a fascinating story, but one full of Biblical mysteries. There is no mention of the name of God in the book. There is no reference to worship or faith. There is no mention or prediction of the Messiah; no mention of heaven or hell; there is nothing "religious" about it. It is a gripping tale, but why is it here in the Bible? Martin Luther believed it should not be part of the Canon, however the name Esther gives us a clue: it means "something hidden." In studying this book we have discovered that there are numerous surprises hidden behind, and underneath, the text itself. To learn more about the book of Esther, click on the link below.