OF MANY THINGS nce again the fate of the what methodologies should the courts 106 West 56th Street New York, NY 10019-3803 president’s signature domestic employ when interpreting statutes? More Ph: 212-581-4640; Fax: 212-399-3596 achievement is in the hands important, what methodology should Subscriptions: 1-800-627-9533 O www.americamagazine.org of the chief justice of the United the U.S. Supreme Court employ when facebook.com/americamag States. That was clear enough last interpreting the U.S. Constitution? twitter.com/americamag week when the U.S. Supreme Court That conversation is really important, heard arguments in the case of King not least of all because there are two PRESIDENT AND EDITOR IN CHIEF Matt Malone, S.J. v. Burwell, the latest challenge to the widely divergent methodologies at work. EXECUTIVE EDITORS Affordable Care Act of 2010. Unlike On the one hand, there are those who Robert C. Collins, S.J., Maurice Timothy Reidy the court’s landmark decision in 2012, subscribe to one of the variant forms MANAGING EDITOR Kerry Weber which upheld the constitutionality of of “originalism,” the doctrine that the LITERARY EDITOR Raymond A. Schroth, S.J. the law’s so-called individual mandate, Constitution should be interpreted SENIOR EDITOR AND CHIEF CORRESPONDENT the issue in King is not whether the law according to the meaning of the words Kevin Clarke is unconstitutional per se but whether as those words would have been EDITOR AT LARGE James Martin, S.J. the federal government has exceeded the understood at the time of their adoption. EXECUTIVE EDITOR, AMERICA FIlmS Jeremy Zipple, S.J. authority granted it by the statute itself. Another group holds fast to the doctrine POETRY EDITOR Joseph Hoover, S.J. Apart from that, however, the dynamic of “living constitutionalism.” This is ASSOCIATE EDITOR AND VATICAN CORRESPONDENT on the bench looks very familiar. Chief the notion that the Constitution is a Gerard O’Connell Justice Roberts is the decisive vote. dynamic document and that modern SENIOR EDITOR Edward W. Schmidt, S.J. Pundits and politicians spent much understandings of its meaning are ENGAGEMENT AND COmmUNITY EDITOR of last week spinning the proceedings. therefore relevant, if not dispositive. Elizabeth Tenety ASSOCIATE EDITORS Ashley McKinless, Olga Segura Across the nation, the conversation The living constitutionalists say that ASSISTANT EDITORS Francis W. Turnbull, S.J., focused on whether Obamacare is the originalists think the Constitution is Joseph McAuley good public policy. That conversation is dead. The originalists charge the living ART DIRECTOR Sonja Kodiak Wilder interesting but irrelevant in the present constitutionalists with thinking that the COLUMNISTS Helen Alvaré, John J. Conley, S.J., context. The question before the court Constitution should mean whatever they Daniel P. Horan, O.F.M., James T. Keane, John W. Martens, Bill McGarvey, Angela Alaimo O’Donnell, is not whether Obamacare is good law, want it to mean. Both characterizations Margot Patterson, Nathan Schneider, Robert David but whether the federal government are caricatures, of course, yet these Sullivan has acted beyond the law. Similarly, are still radically different theories of CORRESPONDENTS John Carr (Washington), An- thony Egan, S.J., and Russell Pollitt, S.J. (Johannes- the question before the court in 2012 law, with radically different starting burg), Jim McDermott, S.J. (Los Angeles), Timothy was not whether Obamacare should points, that produce radically different Padgett (Miami), Steven Schwankert (Beijing), have been repealed, but whether it was outcomes. David Stewart, S.J. (London), Judith Valente (Chi- cago), Mary Ann Walsh, R.S.M. (U.S. Church) constitutional. We need to have a real debate about MODERATOR, CATHOLIC BOOK CLUB These distinctions matter. When we these two philosophies. At a minimum, Kevin Spinale, S.J. treat the courts as mere extensions of the public might better understand that EDITORIAL E-MAIL our partisan politics, then we strip them the ultimate outcome of the struggle [email protected] of their essential, vital function: to state between these two philosophical what the law is. “The interpretation of camps will determine not only how PUblISHER AND CHIEF FINANCIAL OFFICER Edward Spallone. DEPUTY PUblISHER Rosa Del Saz. VICE the laws,” reads Marbury v. Madison, “is the Constitution is interpreted but PRESIDENT/ADVANCEMENT Daniel Pawlus. DEVEL- the proper and peculiar province of the also how it is amended and applied OpmENT COORDINATOR Kerry Goleski. OPERATIONS courts.” Now I’m not suggesting that the in real life. What we have instead is a STAFF Chris Keller, Glenda Castro. ADVERTISING CONTACT [email protected]; 212-515-0102. U.S. Supreme Court is above politics. dangerous dialogical mix of ignorance SUBSCRIPTION CONTACT/ADDITIONAL COPIES By definition it is a political body, but and grandstanding. But how and [email protected]; it is a different kind of political body. It whether we change the Constitution is 1-800-627-9533 is not simply a third house of the U.S. the most important decision we make © 2015 America Press, Inc. Congress. as citizens, much more than choosing Another reason these distinctions a president. That is because in our matter: when we fail to appreciate the ingenious system it is the Constitution, unique mission of the judiciary, we not the president—or anyone else, for Cover: People carry a banner of Archbishop Oscar sidestep a very important question about that matter—that is sovereign. Romero in San Salvador, El Salvador, March 22, our constitutional arrangement—namely, MATT MALONE, S.J. 2014. CNS photo/Roberto Escobar. Contents www.americamagazine.org VOL. 212 NO. 10, WHOLE NO. 5083 MARCH 23, 2015 ARTICLES 15 DEATH COMES FOR THE ARCHBISHOP The martyrdom of Óscar Romero Kevin Clarke COLUMNS & DEPARTMENTS 4 Current Comment 5 Editorial Peace and Toilet Paper 6 Reply All 8 Signs of the Times 15 12 Column “No White Man Is Innocent” Nathan Schneider 20 (Un)Conventional Wisdom The Prison Trap Robert David Sullivan 22 Vatican Dispatch The Church’s Asian Soul Gerard O’Connell 23 Vantage Point Looking Back at Newman Theodore M. Hesburgh 26 Faith in Focus Hope and Joy-Joy Andrew Small 29 Generation Faith In His Time Mary Mullan 39 The Word A Little Thing John W. Martens 26 BOOKS & CULTURE 31 DANCE Exploring the Spiritual Exercises through movement OF OTHER THINGS A Litany for Flannery BOOKS Eucharist as Meaning; Occupy Spirituality; From Willow Creek to Sacred Heart ON THE WEB A video profile of choreographerRobert VerEecke, S.J., and excerpts from his work. Plus an interview with Rudy López of Interfaith Worker Justice. Full digital highlights at americamagazine.org/webfeatures. 31 CURRENT COMMENT and women without stable housing to get a job, public Faith in Sinai benefits or supportive housing that could help get them off “This is a great day of joy for Catholics in Egypt,” said the the streets. Some public officials seem to have realized this. Coptic Catholic Bishop Makarios Tewfik of Ismailia, hailing In California, state lawmakers are considering the Right to the consecration on Feb. 15 of the first Coptic Catholic Rest Act, which would guarantee the right to rest, eat and church ever built in Sinai. The church will accommodate perform religious observances in public spaces. the worship needs not only of the tourists who flock to A bill of rights for homeless people places an obligation the region’s spectacular coral reefs but also of the sizable on all residents: to confront the plight of those living on the community of Filipino guest workers employed in the margins. Proven, cost-effective solutions to homelessness tourism, hotel and construction industries on the peninsula. exist, including housing-first strategies, collaboration A large foreign workforce in Bahrain has likewise spurred between health and social service workers and law the construction of a new Catholic church there, slated for enforcement, and alternative courts. But first we have to see completion in 2016 (Current Comment, 4/14/14). the problem. Before the church was built, people in Sinai were able to worship only in their homes or makeshift chapels. Financial assistance was provided by Aid to the Church in Need, an The Rights of Unions international Catholic charity. Work on the church had been After a divisive and very public argument over public union ongoing since 2003, and the foundation stone was laid in contracts four years ago, Wisconsin finds itself embroiled 2005; but as with any ambitious project, roadblocks popped in another scorched-earth debate. With the backing of up. As Bishop Makarios noted, the logjam was broken when Gov. Scott Walker, the state legislature adopted a “right to an influential advocate, who had been taught by Catholic work” law that allows private-sector workers to opt out of a sisters, came to the church’s assistance. Thanks to the union—and union dues—even while enjoying the benefits support of Suzanne Mubarak, wife of the deposed Egyptian of union membership. Twenty-four states have passed president, the church was finished and given the name of her similar laws, and Missouri, Illinois and Kentucky are also choosing: Our Lady of Peace. considering “right to work” legislation. Supporters argue that On the same day that the church was consecrated, an these laws empower individual workers, but their long-term Islamic State affiliate in Libya released a video showing the effects are not difficult to predict. The more people opt out beheading of 21 Orthodox Coptic Egyptians. Our Lady of of paying union dues, the weaker the unions will be. Peace stands as a rebuke to such evil and shows, in a concrete The Wisconsin Catholic Conference released a public way, that death will never prevail over life. statement offering three questions to guide the debate.