Read more at sda2rc.blogspot.comRelics, III: Pilgrimage and the Dead
The Bible clearly establishes the miraculous potential of even dead bodies. However, many Protestants are inclined to read the story of Elisha's bones as an isolated event that provides no norms for a future relation to the dead bones of miraculous personages.
The Patriarchal Tombs at Machpelah
In fact, the biblical scholarship of the past century has generally concluded otherwise. Since the early 20th century (Albrecht Alt), scholars have noted that the Old Testament narrative likely represents an assemblage of the foundation stories of various local cultic centers. For this reason, many patriarchal stories identify the location of the events they describe (which coincide with known cultic centers), and highlight the fact that certain historic objects remain in those locations "to this very day." Tombs were certainly numbered among these sites. Pilgrimage to these sites was fueled by interest in the patriarchal stories, and represented a powerful reflex in ancient Israel:In some cases pilgrimage to the tombs of Jewish heroes and ancestors clearly did occur. Even minor figures who are only briefly mentioned in the Bible, such as the daughter of Jephthah, sometimes played important roles in local tradition and ritual (Ps.-Philo, LAB 40:8-9). But interest seems to have been directed most frequently toward the tombs of the patriarchs, matriarchs, and kings. The tombs of Abraham and Sarah, the twelve patriarchs, David, Solomon, and other similar figures seem to have been among the few tombs that were associated with known locations in the Second Temple period. Some of these sites may have been known because of persistent traditions of pilgrimage that kept alive the memory of their location. (Allen Kerkeslager, "Jewish Pilgrimage and Jewish Identity in Hellenistic and Early Roman Egypt," Pilgrimage and Holy Space in Late Antique Egypt, Ed. David Franfurter [Boston: Brill, 1998], 139).Many Adventists are unaware of the historical fact and significance of these pilgrimages. They were a common and mainstream phenomenon during the life of Jesus (cf. Mt. 23:19):The outstanding example of this is the shrine of Machpelah at Hebron. The enclosure wall built by Herod the Great to surround the tombs of the patriarchs was strikingly similar in proportion, plan, and construction to the wall that he build to enclose the temple mount. Jack Lightstone has observed that this indicates that the shrine at Machpelah had a role for contact with the sacred similar in ideological function and in national scope to the temple in Jerusalem. This implies that Jews believed that the patriarchs and matriarchs buried in Machpelah could still render powerful assistance to their descendants. (Ibid.)Mark S. Smith concludes the same expectations attended the tomb of Elisha:Saints whose powers assumed legendary proportions in life were, for example, the objects of special devotion in death, including pilgrimage. The Elijah and Elisha cycles suggest that these men were not simply prophets (though biblical historiography conforms them generally to this picture), but also classical holy men whose deeds in life and death attracted the attention of the multitudes who traveled to their tombs to seek health and other areas of popular concern. The miracles of biblical holy men extended beyond their lifetimes. . . . When the corpse touched Elisha's bones, the dead man miraculously revived (2 Kgs 13.20-21). (Smith, Mark S. and Elizabeth Bloch-Smith, The Pilgrimage Pattern in Exodus, Sheffield: Shedffield Academic Press, 1997, 53).Many scholars agree. According to Joachim Jeremias, the episode in 2 Kings indicates Elisha's tomb was a very famous tomb of the pre-exilic period, to which pilgrimage persisted into late antiquity among Jews and Christians, a view van der Horst shares:The story of this miracle demonstrates, as Jeremias rightly remarks, "dass wir es mit einem offenbar schon in vorexilischer Zeit hochberuehmte Grab zu tun haben." As in the case above, this too was exactly localized in postbiblical times: the Life of Elijah says it is in Samaria. . . and fourth-century Christian authors know many stories about miracles happening at the tomb. (van der Horst, Pieter Willem, "The Tombs of the Prophets in Early Judaism," Japheth in the Tents of Shem: Studies on Jewish Helleism in Antiquity [Leuven: Peeters, 2003], 123).
From this vantage point, one better appraises the significance of the Elisha story on the question of relics. Far from representing an isolated miracle, it appears the story was transmitted and received at an early stage as an invitation to pilgrimage, with crowds approaching the general location of the bones in the hope of healing (cf. the reflexes described, and never condemned, in Jn. 5:3-4). This was a natural development in light of the miracle story, and one in keeping with the desire for contact with miraculous personages, objects, and places in the New Testament. Indeed, “the cult of the dead in Christianity followed the patterns set by Judaism" (Kennedy, Charles A., “Dead, Cult of the,” Anchor Bible Dictionary, Vol. II, 108) until, in later centuries, "grave veneration became an exclusively Christian practice" (Hawley, John Stratton, Saints and Virtues: Comparative Studies in Religion and Society, Vol. 2 [University of California Press, 1987], 95).
Christianity, however, introduced a new dimension to the use of relics. Having transcended the pentateuchal stigmas of ritual uncleanness attached to dead bodies (Lev 21:11; Num 9:6-7), relics could be fully moved into sacred space. They were, after all, "living members of Christ and the temple the Holy Spirit, to be awakened by Him to eternal life and to be glorified" (Trent, Session 25). Thus, “the tombs of the Christian martyrs, like those of the prophets before them, stood as separate monuments; later some were incorporated into church buildings" (Ibid.). It is within that context that Catholics typically encounter their healing virtue today.
Relics, III: Pilgrimage and the Dead
Relics, II: Superstition?
Read more at sda2rc.blogspot.comRelics, II: Superstition?
I am not alone in suspecting that the biblical practices I cited in my last post on relics would be rejected as examples of "superstition" or "worshiping" humans by the principles of historic Protestantism.
Adventists believe in miracles, and when in need of healing, pray directly to God. But would they seek out a particular individual in hopes of a miracle? Would they feel confident merely touching a piece of cloth to his skin, and then touch it to their loved ones as an instrument of healing? Would they hope his very shadow would fall upon them? Would they believe that contact with his dead bones could produce miracles?
How quickly would these reflexes be criticized as placing one's trust in a human being? How many would be disparaged for believing in the miraculous power of a simple piece of cloth? What modern Adventist would feel comfortable crediting an object or corpse with a miracle? When would this not be called "superstitious?" And yet, these reflexes were widespread in the early Christianity depicted in the New Testament. No Christian is criticized for seeking out the unique power of God in a certain human being or object. No one is told to "go directly to God."
Adventist rhetoric against relics would easily exclude practices perfectly natural to the New Testament. This is a very damaging fact, and unmasks the deeper issues in this debate. Even if Catholics have seen excesses related to these practices (as they will be the first to admit), the false dichotomies Adventism perpetuates (turning to God v. turning to human beings; prayer v. miraculous objects) are unbiblical. The net effect is to underscore the fundamental unity between apostolic and later Catholic practice.
Relics, I: The Theological Context
Read more at sda2rc.blogspot.comRelics, I: The Theological Context
Christianity is a faith that embraces the physical, the material. In the Incarnation, Christ assumed a physical body to save the world. He healed people through physical touch (Lk. 13:13); His saliva could work miracles (Mt. 8:23; Jn. 9:6-7); His breath could impart the Spirit (Jn. 20:22). Even the very clothes He wore transmitted healing power to those who touched them (Lk. 8:44). For this reason, people reached out to Him in faith, believing they could be cured by even the slightest contact with His physical body and clothing. (Lk. 6:19; Mk. 3:10; Mt. 14:36 || Mk. 6:56).
It is within this context that one can understand the Christian use of relics. As the dwelling places of the Holy Spirit (1 Cor 6:19), the physical bodies of holy men and women can also be channels of healing (cf. Jn. 14:12). This is certainly true in life; the touch of the apostles' hands healed the sick (Acts 9:17; 28:8). However, even in death, precisely in anticipation of the future resurrection, the bodies of holy people remain vessels of God, capable of transmitting miraculous power. In one startling example, the dead bones of Elijah the prophet raised a dead man to life:So Elisha died, and they buried him. Now bands of Moabites used to invade the land in the spring of the year. As a man was being buried, a marauding band was seen and the man was thrown into the grave of Elisha; as soon as the man touched the bones of Elisha, he came to life and stood on his feet. (2 Kings 13:20-21)
For this reason, physical contact with the bodies of the holy people, living or dead, has become a desire of faith-filled Christians. This instinct is evident even in the New Testament, which notes that individuals would go so far as to touch pieces of cloth to the bodies of the apostles, confident that they would be healed: "God did extraordinary miracles through Paul, so that when the handkerchiefs or aprons that had touched his skin were brought to the sick, their diseases left them, and the evil spirits came out of them" (Acts 19:11-12). Even the shadows cast by the bodies of the apostles were desirable: "they even carried out the sick into the streets, and laid them on cots and mats, in order that Peter’s shadow might fall on some of them as he came by" (Acts 5:14-15).
These instincts remain as vibrant as ever in the Church. Christians continue to touch cloths to holy individuals in hope of healing. Likewise, they preserve and approach the bones of Christians with great reverence, recognizing the permanent and life-giving power of the Spirit in them. These responses are not superstitious, but biblical acts of faith in a God who works miracles through the physical, lives in His people, and who will restore their bodies on the last day. Nor do they undermine the unique place of God. Early Christians longed to sit under the shadow of Peter, or hold an apron touched to the body of Paul, not because they placed their trust in human beings rather than God, but because they knew God worked through these human beings. In the words of the old Douay Rhiems: "God is wonderful in his saints: the God of Israel is he who will give power and strength to his people. Blessed be God" (Ps. 68:35).
Big Second Amendment Opinion from the Fourth Circuit, Related: Gun Possession by Domestic Violence Misdemeanants
The opinion is United States v. Chester, just decided today; thanks to Prof. Doug Berman (Sentencing Law & Policy) for the pointer. I’ll blog more after I read it, but here’s the conclusion from the two-judge majority:
We cannot conclude on this record that the government has carried its burden of establishing a reasonable fit between the important object of reducing domestic gun violence and § 922(g)(9)’s permanent disarmament of all domestic violence misdemeanants. The government has offered numerous plausible reasons why the disarmament of domestic violence misdemeanants is substantially related to an important government goal; however, it has not attempted to offer sufficient evidence to establish a substantial relationship between § 922(g)(9) and an important governmental goal. Having established the appropriate standard of review, we think it best to remand this case to afford the government an opportunity to shoulder its burden and Chester an opportunity to respond. Both sides should have an opportunity to present their evidence and their arguments to the district court in the first instance.
One judge concurred in the judgment, concluding that “[i]t is ... quite clear that § 922(g)(9) is substantially related to the government’s important interests, as the statute directly prohibits the possession of firearms by those with a demonstrated history of actual or attempted violence,” but agreeing with the remand because he was “content to give Appellant Chester a full opportunity to offer evidence and argument showing the district court how and why he escapes the law’s bite.”
Read more at volokh.comNote that, as with the Seventh Circuit Skoien case — in which a panel initially reached a similar result to that just reached by the Fourth Circuit panel — there’s a good chance that the Fourth Circuit will rehear the case en banc.
UPDATE: If the Fourth Circuit doesn’t rehear the case en banc, I doubt that the Supreme Court will agree to consider the matter at this point. Rather, I suspect that the Justices will wait until the district court considers the matter on remand, and the Fourth Circuit considers the inevitable appeal from that decision. Then, if the Fourth Circuit ultimately concludes that § 922(g)(9) is constitutional, there’ll be no circuit split, and the Justices will likely not take the case. But if the Fourth Circuit concludes — again, following the district court decision on remand — that § 922(g)(9) is unconstitutional, the Justices likely will take the case, because there’ll be a split among the circuits as well as the invalidation of a federal statute, two factors that generally cut in favor of the Supreme Court’s reviewing the matter.
The panel opinion, as I read it, endorses a three-tier level of review, at least for substantial restrictions on gun possession such as the one here (as opposed to milder burdens on gun possession):
(1) Historically accepted exceptions to gun rights (at least ones accepted as of the Framing, and perhaps some more) are constitutional.
(2) Substantial restrictions on gun possession that fall within the core of Second Amendment protection, described by the panel as “the right of a law-abiding, responsible citizen to possess and carry a weapon for self-defense” (note the inclusion of carrying, and not just possession in the home, as some courts have said), are probably subject to strict scrutiny.
(3) Substantial restrictions on gun possession that are neither historically accepted nor applicable to “law-abiding, responsible citizen[s] ... possess[ing] and carry[ing] a weapon for self-defense” are subject to intermediate scrutiny, which calls for factual evaluation of whether the law is “substantially related” to a sufficiently “important government goal.” Since there will almost always be an important government goal to which the government could point — preventing death, injury, and violent crime — the main questions will likely be (a) what sort of factual evidence the government will have to show, and (b) to what extent will courts demand that the evidence specifically justify not just some restrictions but life-long (or very long-term) restrictions.
Here is what struck me as the heart of the court’s reasoning:
Some courts have treated Heller’s listing of “presumptively lawful regulatory measures,” for all practical purposes, as a kind of “safe harbor” for unlisted regulatory measures, such as 18 U.S.C. § 922(g)(9), which they deem to be analogous to those measures specifically listed in Heller. See, e.g., United States v. White, 593 F.3d 1199, 1206 (11th Cir. 2010) (“We see no reason to exclude § 922(g)(9) from the list of longstanding prohibitions on which Heller does not cast doubt.”). This approach, however, approximates rational-basis review, which has been rejected by Heller. In fact, the phrase “presumptively lawful regulatory measures” suggests the possibility that one or more of these “longstanding” regulations “could be unconstitutional in the face of an as-applied challenge.” United States v. Williams, 616 F.3d 685, 692 (7th Cir. 2010).
In view of the fact that Heller ultimately found the District’s gun regulations invalid “under any standard of scrutiny,” it appears to us that the Court would apply some form of heightened constitutional scrutiny if a historical evaluation did not end the matter. The government bears the burden of justifying its regulation in the context of heightened scrutiny review; using Heller’s list of “presumptively lawful regulatory measures” to find § 922(g)(9) constitutional by analogy would relieve the government of its burden.
Thus, a two-part approach to Second Amendment claims seems appropriate under Heller, as explained by the Third Circuit Court of Appeals, and Judge Sykes in the now-vacated Skoien panel opinion. The first question is “whether the challenged law imposes a burden on conduct falling within the scope of the Second Amendment’s guarantee.” This historical inquiry seeks to determine whether the conduct at issue was understood to be within the scope of the right at the time of ratification. If it was not, then the challenged law is valid.
If the challenged regulation burdens conduct that was within the scope of the Second Amendment as historically understood, then we move to the second step of applying an appropriate form of means-end scrutiny. Heller left open the issue of the standard of review, rejecting only rational-basis review. Accordingly, unless the conduct at issue is not protected by the Second Amendment at all, the Government bears the burden of justifying the constitutional validity of the law....
[W]e are certainly not able to say that the Second Amendment, as historically understood, did not apply to persons convicted of domestic violence misdemeanors. We must assume, therefore, that Chester’s Second Amendment rights are intact and that he is entitled to some measure of Second Amendment protection to keep and possess firearms in his home for self-defense. The question then becomes whether the government can justify, under the appropriate level of scrutiny, the burden imposed on Chester’s Second Amendment rights by § 922(g)(9)....
Given Heller’s focus on “core” Second Amendment conduct and the Court’s frequent references to First Amendment doctrine, we agree with those who advocate looking to the First Amendment as a guide in developing a standard of review for the Second Amendment. In the analogous First Amendment context, the level of scrutiny we apply depends on the nature of the conduct being regulated and the degree to which the challenged law burdens the right. For example, a “content-based speech restriction” on noncommercial speech is permissible “only if it satisfies strict scrutiny.” But, courts review content-neutral time, place, and manner regulations using an intermediate level of scrutiny. Likewise, a law regulating commercial speech is subject to a more lenient intermediate standard of scrutiny in light of “its subordinate position in the scale of First Amendment values.” As Judge Sykes observed in the now-vacated Skoien panel opinion: “The Second Amendment is no more susceptible to a one-size-fits-all standard of review than any other constitutional right....”
Although Chester asserts his right to possess a firearm in his home for the purpose of self-defense, we believe his claim is not within the core right identified in Heller — the right of a law-abiding, responsible citizen to possess and carry a weapon for self-defense — by virtue of Chester’s criminal history as a domestic violence misdemeanant. Accordingly, we conclude that intermediate scrutiny is more appropriate than strict scrutiny for Chester and similarly situated persons. Accordingly, the government must demonstrate under the intermediate scrutiny standard that there is a “reasonable fit” between the challenged regulation and a “substantial” government objective. Significantly, intermediate scrutiny places the burden of establishing the required fit squarely upon the government.
Dead Soul Is a Debt Collector
Dead Soul Is a Debt Collector
Details about Martha Kunkle, whose name appeared on thousands of affidavits used to collect credit-card debts
Deceased Woman’s Name Was Robo-Signed on Thousands of Affidavits
The Wall Street Journal
By JESSICA SILVER-GREENBERG
Martha Kunkle has come back to life.
She died in 1995. Yet her signature later appeared on thousands of affidavits submitted by one of the nation’s largest debt collectors, Portfolio Recovery Associates Inc., in lawsuits filed against borrowers.
Some regulators complain that the use of Ms. Kunkle’s name reflects an epidemic of mass-produced, sloppy and inaccurate documentation in the debt-collection industry. Lawsuits have surged as more borrowers fall behind on payments and collection firms turn to courts to get what they are owed.
Charlie McGrath: Collapse is Reality
Charlie McGrath: Collapse is Reality
ICE Age Is Here Says Geophysicist, Global Warming Hoax Exposed…Again
ICE Age Is Here Says Geophysicist, Global Warming Hoax Exposed…Again
This is yet another nail in the coffin for the climate cultists and more proof that freezing temps worldwide will lead to a dramatic rise in food prices.
Food prices ARE rising yet major food corporations do not want to be the first to raise prices so dramatically so consumers have not seen as much of an increase.
Twenty-five Democratic State Legislators Have Switched to GOP
Twenty-five Democratic State Legislators Have Switched to GOP
Good thing the new media is out there, what's the chance you'd see this story on the Nightly News?Read more at www.hapblog.com
examinerGOPAC chairman Frank Donatelli just sent out a press release crowing that 25 Democratic legislators have now switched parties and become Republican.
"We are pleased with the decision of these men and women to leave the Democratic Party and join with us. They are adding to the ranks of Americans who want to put result-oriented ideas into action to get us moving in the right direction. Each of these legislators’ insight, experience, and commitment to common-sense, conservative policies will make our Party stronger," Donatelli said.
Note that when Lousiana's Representative Noble Ellington switched parties a short time ago it actually gave Republicans control of the state legislature for the first time since the Reconstruction. Here's the full list of legislators that have switched: