Breyer's Pelagian Vision For Our Augustian Constitution

William Thro, state solicitor general for Virginia, recently published an essay with the provocative title "A Pelagian Vision for Our Augustinian Constitution:  A Review of Justice Breyer's Active Liberty," 32 Journal of College and University Law 491 (2006).  (HT: Bob Anthony). 

He writes:  "While the Christian Church resolved the theological issue in the fifth century, humanity continues to grapple with the broader question.  For a nation, the collective answer to that question inevitably will determine how it organizes its government."  The author suggests that Breyer's pelagian tendencies cause him to devalue such structural safeguards as state sovereignty (rejecting by implication the Catholic concept of subsidiarity and the Calvinist concept of sphere sovereignty) in his interpretative method. 

Interesting thesis.  Any reaction?