1988 Issue 1 - The Religious Roots of the U.S. Constitution - Counsel of Chalcedon

7/27/2019 1988 Issue 1 - The Religious Roots of the U.S. Constitution - Counsel of Chalcedon

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The Religious Roots

of

Wbct

~ ~ ~ o t t s t t t u t t o t t

On October 4, 1982, Congress pas

sed Public Law 97-280, which states

that Biblical teachings inspired con

cepts of civil government that are o n ~

tained

in

our Oeclaration of Independ

ence and the Constitution

of

the United

States; that the Bible is 'the rock

on

which our Republic rests; ' that ''the

history of our nation clearly illustrates

the value

of

voluntarily applying the

teachings

of

the Scriptures

in

the lives

of individuals, families and societies;

that the renewing

of

our knowledge of

and faith in

God

through Holy Scripture

can strengthen us as a nation; that Con

gress recognizes the normative influ

ence the Bible has been

for

our nation,

and our national need to study and apply

the

teachings

of

the Holy Scriptures.

This

law

is reflective

of

the fact that

our views of God, human nature, and

life in general profoundly affect, and

even determine

our

views of politics.

The current controversy is precisely

over this point: the relation

of

religion

and politics. But the proper phrasing of

the question is not WHETHER

we

shall mix religion and politics, but

WHICH religion shall we m x with

politics. Our deepest religious presuppo

Sitions about God and man and our

inner moral convictions inescapably

shape our opinions about everything

else. This is

not

to blur the distinctions

between church and state. They are

separate institutions with separate juris

dictions, to be sure. But the issue

re-

mains: which religious commitments

will give shape to American politics,

those

of

the Bible or those from another

source? One religion will triumph; but

which one: the religion

of

our Found-

by

Joe Morecraft, III

ing Fathers which, as

we

built America

on mat founda:tion, made us

t be the

greatest and freest nation on earth; or

the religion of hwnanism, Marxism,

Islam,

or

the like, which enslaves and

k lls millions?

The

Constitution

of

the United

States has survived as the supreme law

of the land for a longer period of time

than any modem constitution. It lies at

the . foundation of our history and it

defmes what

we

are as Americans. Ap

preciation of

it

and faithfulness

to

it has

secured for us

two

centuries

of

strength,

security, justice, prosperity, and liberty.

It is not an infallible document; and our

history has not always been a righteous

one; but both

our

Constitution and our

history

are

unique and superior

to

those

of

other nations. Moreover, the U.S.

Constitution could not have been

written in any other religious and his

torical context than the one similar to

that in America in the 1700's, where

the consensus

of

opinion and overall

w o r l ~ v i e w of the vast majority of

Americans, Christians and non-chris

tians alike, were distinctly biblical.

It

was our biblical understanding

of

God and man that is the root of our

Constitution. God alone is the abso

lute, unrestricted sovereign

of

the uni

verse, who governs every aspect of hu

man life and society. There are no

limits

or

restraints

to

his sovereignty

over us. Therefore our Constitution

establishes a limited civil government

for our nation. Its powers are clearly

defmed and limited by the constitution

to

the

administration

of

justice and the

protection

of

our general welfare as a

people. Its jurisdiction

over us

is

limited.

It

does not have the authority

to regulate over and intervene into every

aspect

of

our lives, homes, businesses,

communities, schools, churches, etc.,

as i

t Were God. Only God has that pre

rogative.

For

our

Founding Fathers; God is the

fmal Source

of

Law for men and na

tions. He judges or blesses nations in

his providence according to their faith

fulness to his revealed law. Therefore,

they founded a REPUBLIC, NOT A

DEMOCRACY, wherein all men--citi

zens, rulers, and even majorities-would

be governed by law and not by the

whims and fancies

of

men, which al

ways lead to totalitarianism. America is

a republic governed by constitutional

law rooted n biblical law; not a demo

cracy governed by the ever-changing

opinions

of

the majority manipulated

by media

or

elitist power-brokers

of

some sort. The civil government

of

the

United States, then, must see itself

as

accountable to its Source

of

Law, Who

also stands over us as our Judge. His

system

of

morality and His righteous

standards

must

give direction and defini

tion to

our

administration

of

public jus

tice, i liberty and justice for all are

to

prevail.

God alone is the source

of

salvation

and provider

of

security for men and

women. Therefore, our Founding Fath

ers did

not

see the civil government

as

the provider of salvation and security

for the citizenry. This is one

of

the

prime reasons behind our founders limit

ing the role

of

civil government

to

the

protectibrt

of

the citizenry, rather than

expanding it to become the bloated,

savior-like, socialistic welfare state it

Page 4

Th e

Counsel or Chalcedon

January,

988


2/5

has become,

which is providing less

and less welfare and security for any of

its people.

A nation's constitution is also shaped

by the views of man and of human na

ture by the people of that nation. Our

Founding Fathers believed that all

people

are

sinners by nature, capable

of

some

civic vjttue, but basically self

centered and self-seeking.

In

Seven

teenth Century America John Cotton

wrote: Let all the world learn to give

mortal man no greater power than they

are

content they shall use, for

use

it

they will: and unless they be better

taught of God, they will use it ever and

anon . . . . And in Eighteenth Century

America, James Madison wrote in THE

FEDERALIST, that there is a degree

of depravity in mankind which requires

a certain degree

of

circumspection and

distrust, (no . 55). He wrote of the

caprice

and

wickedness of

man,

(no.

55), and of the infrrmities and depravi

ties of the human character. Alexander

Hamilton, apother author of THE

FEDERALIST, spoke

of

the folly and

wickedness of mankind, (no. 78). Even

Thomas Jefferson pointed out that free

government is founded on jealousy, not

in confidence; it is jealousy and not con

fidence which prescribes limited consti

tutions, to bind those we are obliged to

trust with power. In questions

of

power, let no more be heard of confi

dence in

man

but bind him down from

mischief by the chains of the constitu

tion , (Resolution Relative to the Alien

and

Sedition Laws, 1798).

It is

this

bi.blical view of human na

ture that motivated our founders

t

in

corporate into our constitution

its

bril

liant and wise separation of powers: the

separation of the judicial, executive and

legislative; and the balancing of power

between the federal government and the

state governments. Socialism, Marxism

and other coercive utopian political

philosophies are based on the erroneous

idea that man is basically good and trust

worthy

and

perfectible by education, po

litical regulation, etc.

John

Eidsmoe, in his book, CHRIS-

TIANI Y ND THE CONSTITU-

TION: The Faith of Our Founding

Fathers

g i v ~

us several illustrations of

biblical principles contained in the

Declaration of Independence aild th

Constitution of the United StateS.

First, the providence

of

God. The

last sentence of the Declaration speaks

of

our firm reliance on the protection

of

Divine Providence. Providence re

fers to God's governing, superintending,

sustaining, and caring for his creation,

especially for man Contrary to popular

opinion, these men were not deists,

who believed God was totally detached

from and disinterested in the affairs of

men. They believed he was directly and

personally involved in them, especially

in the founding of the United States.

Second, the law of God. The

o u n

ing Fathers fmnly believed that the God

of

the Bible is the source

of

just law,

and that he has revealed that law to

men. It is the higher law to which

all

men and nations are accountable. The

Declaration speaks

of

the laws

of

nature's God. The source of law for

any society is the God of that society.

Third, the creation by God. They be

lieved that the world and everything in

it, including every human being, was

created by the God of the Bible. Men

and women are created in the image

of

God, and that image entails human

dignity. With that dignity comes certain

God-given rights and liberties, which

must be respected

by

all people. This

fact also gives a sanctity

t

human life.

The Declaration states that God has

given to all people the right to life,

beginning with their creation, not

simply with their birth.

Fourth, the equality of men. Our

Founding Fathers did not believe that

all people are equal in size, intellect,

oral developments or social capacity,

and they opposed all leveling in

society. When they wrote of all men

being created equal, they were referring

to equal political liberty, and equality

of

standing

of

citizens, rulers and majori

ties before the law

of

God, Acts 10:34;

Exod 23:6. Abraham Lincoln wrote

that: The authors of that notable n s t r u ~

ment. . . .did not intend to declare all

men equal in all respects. -- They de

fined with tolerable distinctness,

in

what rights they did consider all men

created equal--equal in 'certain unalien-

able rights, among which are life,

liberty nd the pursuit of happiness. '

Fifth, the consent of the governed.

The Bible makes clear that there was a

democratic process in the Old Testa

ment, in which the people of Israel

were allowed to elect those who were to

rule over them. The preservation

of

this

freedom is essential to the maintenance

of liberty and the absence of totali

tarianism. See Judg.

8:22; II

Sam.

16:18;

II

Kings

14:21;

eut

16:18.

Sixth, the republican form of govern

ment

The constitution guarantees a re

publican fonrt of government (Art. IV,

The Counsel of Chalccdon, January, 1988 Page 5


3/5

Sec. 4) to every state in the union. This

is rooted in the

biblical

idea of

cove

nant. God entered into a covenant with

his people, Gen. 17:1f; in which bond

God

pledged

himself to

certain obliga

tions and his people were obligated

to

clearly defined duties. That covenant

was the basis of Israel's life. She was to

strictly interpret it

and

not move away

from

it

in the smallest degree, Deut.

12:32. Federal

comes

from the Latin

wordfor covenant. Ourfederal govern

ment, our republican form

of

govern

me

nt

is in

covenant

with our people

and our

states. The federal government

has no powers

other

than those express

ly defined in the Constitution. And the

Tenth Amendment is the cornerstone

of

our freedom and

of

limited government.

This American Republic differs from

a democracy

in

several ways: (a). a

republic is a government by representa

tives,whereasdemocracyisdirectmajor

ity rule. The representative represents

the Constitution he vows

to

uphold and

defend.

He

is to think

and

vote FOR his

constituents, not simply WITH them

or

AS they dictate. They elect him because

they respect

him

and his judgment; not

because he

will be

their rubber stamp.

If

his values differ from theirs they may

choose another. (b). A republic restricts

majority rule--both

Houses of

Congress

must

approve a bill,

and

the President

must sign it before it becomes law; and

then the Court may rule on its con

stitutionality. (c). A republic respects

indivi

dual

rights, whether or not the

majority agrees. And (d). a republic is

an

empire

of

laws

and not of

men.

No

man is above the law. The law is above

the subject, the rulers and even above

the majority.

For

example, if the major

ity want to legalize murder, murder is

still outlawed

and

forbidden, because it

violates the supreme law of the land

Seventh, the rights

of

criminal

de

fendants. Our founding fathers knew

that civil

and

capital p1,1nishment is

necessary in a

just

order, and necessary

to deter crime, Gen. 9; Rom. 13.

How-

ever

, they also were aware that an order

ly administration of ustice is necessary

to distinguish between the guilty and

the innocent;

and

in a

free

society based

on the Bible, the accused is presumed

innocent until proven guilty. Therefore

the Constitution provides numerous

protections for accused persons: protec

tion against unreasonable searches and

seizures, grand jury indictment in

serious cases, privilege against self-in

crimination, speedy and public trial,

the

right to subpoena witnesses, protection

against excessive bail and cruel and un

usual punishment, etc. This concern

to

protect the rights

of

the defendant

comes

right

out

of

the Bible, wherein

we find that Israel's

system of

justice

appears as the most advanced

and the

most

just

in the world, Exod. 18:13f;

Deut. 1:16f; 19:15ff; Exod. 23:1ff;

Deut. 17:6; 19:16ff.

Eighth, the private ownership

of

pro

petty.

The

Fifth Amendment guarantees

that no private property

shall

be taken

for public use without just compensa

tion.

The

Bible's laws,

Thou

shalt not

steal and Thou shalt

not

covet both

clearly imply private property rights.

The Constitution even goes so

far as to

prOhibit governmental ownership of

property except for military outposts,

post offices, andnecessary federal build

ings.

Ninth, the sanctity of contract. The

right

to

make

contracts voluntarily,

to

expect others to obey and respect them,

the courts to enforce them, and the

federal government

not to

violate them

is essential to liberty and is the basis of

the free market economy, the free enter

prize system that has

made

America

such a strong

and

prosperous nation.

The

Bible

speaks

to this sanctity of con

tract in terms

of

the sanctity of oaths

and

vows, Psa. 15:1-4, etc.

The

Consti

tution forbids the civil government

from enacting any law impairing the

obligation

of

contracts. (Art. I, Sec.

10, Par. (1)).

Tenth, the necessity of two witnes

ses, Deut. 17:6; 19:15; Num. 35:30. In

Art

.

m Sec. 3, Par. (1) we read that:

No person shall be convicte


4/5

two-kingdom concept in this one

nation under God. In

1833

Supreme

Court Justice Joseph Storey wrote in

his COMMENTARIES ON THE

CONSTITUTION OF THE UNITED

STATES:

The real object

of

the First

Amendment was not

to

countenance,

much less to advance, Mohammedan

ism

or

Judaism,

or

infidelity, by p r o ~

strating Christianity; but to exclude all

rivalry among Christian sects, and to

prevent any national ecclesiastical estab

lishment which should give to a hier

archy the exclusive patronage of the

national government -- Probably at the

time

of

the adoption of the Constitu

tion, and

of

the amendment

to

it now

under consideration, the general, if not

the universal sentiment was, that Chris

tianity ought to receive encouragement

from

the

state,

so

far as was not incom

patible with the private rights of con

science and the freedom

of

eligious wor

ship. An attempt to level all religions,

and to make

it

a matter

of

state policy

tQ hold all in utter indifference, would

have created universal disapprobation,

i f

not universal indignation.

Conclusion

1.

Without a solid knowledge

of

the

foundational documents

of

Christianity

and America, i.e., the Bible and the

U.S. Constitution, our nation

is

vulnerable to subversion and apostasy

from what we started out to be under

God's blessing. Surveys show that to

day Americans have

an

abysmal ignor

ance of and lack of appreciation for our

nation's founding documents. Now

more than ever we must promote a

clearerunderstanding

of

and a deep appre

ciation for the Constitution and the

biblical principles undergirding it. This

renewed education in what it means to

be an American must begin in the

schools

ofour

land.

2. President

John

Adams said: Our

constitution was made only for a moral

and religious people. It

is

wholly inade

quate for the government

of

any other.

In his Farewell Address, President

George Washington said: Of

all

the

dispositions and habits which lead to

political prosperity, Religion and

Morality are indispensable supports. In

vain would that man claim the tribute

of

Patriotism, who should labor

to

subvert these great pillars

of

human

happiness, these firmest props of the

duties

of

men

and

citizens. --

Let it

be

simply asked, where is the security .of

property, for reputation, for life, if the

sense

of

religious obligation desert

the

oaths which are the instrument

of

in

vestigation in courts. . .?

And let us

with caution indulge the supposition

that morality can be maintained without

religion. Whatever may be conceded to

the influence

of

refined education on

minds of peculiar structure,

reaso11

and

experience both forbid us to expect that

national morality can prevail in exclu

sion of religious principle. It is substan

tially true that virtue

or

morality is a

necessary spring

of

popular govern

ment.

It is obvious from Washington's own

words that when he spoke of religion

he

meant the Christian religion. For

example, in 1779,

as

General, he said:

You will do well

to

wish

to

learn our

ways

of

life, and above all, the religion

of

Jesus

Christ

These will make you a

greater and happier people than you

are. In 1776 he said

to

his chaplains:

The General hopes and trusts, that

every officer and man, will endeavor so

to live, and

act,

as becomes a Christian

~ o l d i e r

,

Gouverneur Morris insisted that

our

Constitution would never work in

France because of the French disrespect

for religion, love of violence, and sex

ual immorality. Can the Constitution

work in Twentieth Century America

that looks so much like Voltaire's

France? Without

a

return to the God of

the Bible and to the morality that un

dergirds our Constitution,

no

mere re

turn

to

the political principles of that

Constitution will preserve our nation

from revolution, collapse, anarchy and

chaos. f

this

free society is to con

tinue, we must return to the biblical

morality and religion of our Pilgrim

Fathers.

3. John Eidsmoe concludes his book,

CHRISTIANITY

ND

THE CONSTI-

TUTION with these words: Christians

have a vital contribution to make

to the

health and well-being of America. They

are needed to articulate biblical princi

ples

of

government in every courtroom,

legislative hall, and precinct meeting in

the nation. --Christians are needed to

reestablish the moral tone

of

society.

The founding . athers recognized that

freedom cannot exist in an immoral

society--the nation will crumble from

within or be conquered from without.

Christians must

supply the moral fiber

that comes from obedience to God. .

, if America is to survive as a free

society. Christians must be the salt of

the earth and the light

of

the world.

4.

Finally, it should be pointed out

that the Constitution of the United

States affirms its distinctly Christian

character.

In

1863 B. F. Morris, in his

book, THE CHRISTIAN UFE AND

CHARACTER OF THE CIVIL IN-

STITUTIONS OF THE UNITED

STATES wrote:

The

seventh article

declares it to

be

framed and adopted 'by

the unanimous consent of the States,

the seventeenth day of September in the

year

of

our LORD, 1787, and

of

the

independence

of

the United States of

America

the

twelfth.' The date

of

the

Constitution is twofold:

fust

it is dated

from the birth of OUR Lord Jesus

Christ, and then from the birth of our

independence. Any argument which

might be supposed to prove that the

authority of Christianity is not recog

nized by the people

of

the United

States, in the first mode, would equally

prove

that

the independence

of

the

United States is

not

recognized

by

them

in

the second mode. The fact is, that the

advent ofChrist and the independence of

the country are the two events in

which, of all others, we are most inter

ested,--the former in common with all

mankind, the latter as the birth

of

our

nation.

The following bibliography contains

recommended books on

a biblical ap

proach

t

politics and law that have

been inunensely useful in my own

thinking.

1. u s h d o o n y ~ RJ., THIS INDEPEN-

DENT

REPUBCtC, Thoburn Press Fairfax,

VA

2. POLITICS OF

GUILT AND PITY Thobum Press Fairfax,

VA

3. , INSTITUTES OF

BIBLICAL LAW, Craig Press Nutley NJ.

The Counsel of Cbalcedon, January, 1988 Pag e 7


5/5

4. --

TilE

NATURE

OF

THE AMERICAN SYSTEM, Thobum

Press, Fairfax, VA.

.,--,FOUNDATIONSOF

SOCIAL ORDER, Thobum Press, Fairfax,

VA. .

6.

DeMar,

G ~ .

RULER OF

TilE

NATIONS, Dominion

P r e s ~

Ft. Wor 1

1

TX.

7. Whitehead, John, THe STEALING OF

AMERICA, Crossway Books, Westchester,

L

8.

TilE

SECOND

AMERICAN REVOU)TION, David C.

Cook Pub. Co., Elgin,

IL. .

9 . ~

THESEPARATION

ILLUSION Mat t Medi3, Milford MI.

10.

RushdoonY.._RJ., CHRISTIANITY

AND THE STATE, Ross House Books,

Vallecito,

CA.

c J J i M ~ ~

0

~ t ~ N B W J 8 H ~ A L v ~ f

III,

No. 1.oSummer).,1976,_vallecitohC:A.

12. SKousen

c.,

TnE

M A K u ~ G OF

AMERICA, The National Center for

Constitutional Studies, Washmgtopl..PC

13. McDonald, Lam', WE HOLU THESE

TRUTHJ.76 r e ~ ~

Seal Beaclt, CA.

14.

wines, W.C.,

THE

HEBREW

R E P U B L I ~

American Presbyterian

Press,

x r ~ d g ~ i d s ~ ~ ~ Jo. ,_n..k

CHRISTIANITY

AND THE

C 1 ~ S T I 1

u uON,

Baker Book

House, Grand Rapids, MI. .

16.

Walton, Rus, BIBLICAL PRINCI-

PLES, Pl}'I louth Rock Foundation,

Marlborc>Ugli, NH.

17.

M"adison J

D .

Hamilton, TilE

FEDERALIST PAPERS, New Alnerican

Libr ).IY,

NY.

18. Hei).IT, Mason, THE

ANTI

-

FEDERALIST PAPERS, New American

l i b { f Y s ~ r

Gregg, A THEOLOGICAL

INTERPRETATION OF AMERICAN

HISTORY, Craig

Press,

Nutley, NJ. .

0

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Joe Morecraft, III

The Revival

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the lory ofGod V

(Exodus

33)

The R ~ v i v a l of he Church

and the Coming of Christ I

II

(Is

a.

62-64)

The Way to Revival

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l l

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God s Lawin America

According

to

Christopher Columbus'

diary from his 1492 voyage to America,

one over-riding compulsion which

drove

him

on

the

risky adventure was

his wish to expand the gospel of Christ

to the "isles at the ends of the earth."

This evangelical concern stands out

boldly in his diary. Later, the earliest

immigrants from Europe, those who

shaped America:s culture, law, tradition,

and ethics, were those who came

from

England.

Our

early forefathers were

Pil

grims

and Puritans - men and women of

devout Christian faith. (In fact, as late

as 1776 when the people declared in

dependence, Puritanism provided

the

moral and

religious background

of

fully

75 of the

population.)

The

earliest

English charters of

the

settlements in

Americamade unequivocal references to

their intent of spreading the Christian

religion in the New World. The frrst

charter of Virginia in 1606, the charter

of Maryland in 1732,

the

.charter of

Massachusetts in 1729 are a few ex

amples . The famous Mayflower Corn

pact

of

1620, which has been called the

"foundation stone

of

democracy in

America," states, "In the

name

of God,

Amen.

We

aving undertaken for

the glory of God, and advancement of

the Cluistian faith, and

honor of

our

king and country, a voyage to plant the

fust colony on the northern part of

Virginia." The Massachusetts Civil Bay

Code

of

1640

made

repeated references

to Biblical law by direct citation and

Scriptural annotation.

In 1644 a book was published in

England by Samuel Rutherford entitled

Robert Smith ls

a Presbyterian

layman who

lieads the

Christian

Food

Miss

ion

In

Laurel,

Mlss1sslppi.

by Robert Smith

Lex Rex.

In

1660

i t

was

co

ndemned

as a treasonable writing by the Com

mittee of Estates. On October 16, Lex

Rex was burned at the Cross

of

Edin

burgh and a few days later in

St.

Andrews. Rutherford, a Presbyterian

minister, was deposed from the min

istry, dismissed from his Chair of

Divinity at St. Mary's C_llege, placed

under house arrest and sent to be tried

before Parliament

on

March 29, 1661.

What was the center of this book which

caused

a

stonn of controversy to erupt

in

the streets

of

London? Lex Rex

means law is king." Previously it had

been unchallenged:

Rex

Lex, "the king

is

law." Lex Rex attacked the seven-.

teenth century political concept of the

Divine Right of Kings. Rutherford said

that civil government and law should be

based on God's law as revealed in the

Bible. All are under God's law. No t

even the king is above it. Rutherford

used Romans 13 to show that all power

is from God who ordains and insti

tu

tes

government. John Locke, who influ

enced

Jeffer

son, and

John

Witherspoon,

a signer

of

the Declaration

of

Indepen

dence, were influenced by Rutherford's

arguments

in

his book. James Madison

was later influenced by Witherspoon's

teach

ing

at the College

of

New Jersey

(Princeton) where he was president.

Madison was referred

to

as the "Father

of the Constitution."2

Our founding fathers established the

United States aS a

constitutional repub-

lic

not

as

a

democracy. In fact, they

wished to guard against the' rise of

democracy. The earthly magistrate was

considered to hold his position and

exercise power by a divine decree.

He

was looked upon as a minister of God

under common grace for the execution

of the laws of God among the people at

large, for the maintenance of law and

order, and

for

so ruling the state that it

would provide an atmosphere favorable

for the

preaching

of

the gospel.

In

Puri-

Page 8 The

Counsel of

Chalcedon, January, 1988

1988 Issue 1 - The Religious Roots of the U.S. Constitution - Counsel of Chalcedon

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Transcript of 1988 Issue 1 - The Religious Roots of the U.S. Constitution - Counsel of Chalcedon