Congress Hall Cafe
Proverbs 15:22 “Where there is no counsel, plans fail; but in a multitude of counselors they are established.”
Cicero “Nor is it out of place in making a choice between duties involving a doubt, to consult men of learning or practical wisdom and to ascertain what their views are on any particular question of duty.” 147.deoff
Federal Farmer 1787 “A wise and honest administration, may make the people happy under nay government.” 259.dc
Federal Farmer 1787 “good men will generally govern well with almost any constitution.” 26
William Penn 1682 “Wherefore governments rather depend upon men than men upon governments. Let men be good, and the government cannot be bad; if it be ill, they will cure it. But, if men be bad, let the government be ever so good, they will endeavor to warp and spoil it to their turn.” fram.gov.
Helius “They are first to be raised with and instructed in the virtues; and, when they are proficient in them, so that they are demonstrated to excel in virtues those whom they must excel in honors, they ascend by invitation and they never turn aside their pledge to their citizens.” 61
Pelatiah Webster 1787 “But after all, the grand secret of forming a good government, is, to put good men into the administration: for wild, vicious, or idle men, will ever make a bad government, let its principles be ever so good; but grave, wise and faithful men, acting under a good constitution, will afford the best chance of security, peace, and prosperity, to the citizens…” 188
Self preservation of the Wicked
P. Webster 1787 “For ’tis a truth worthy of great attention, that laws are not made for much for the righteous as for the wicked, who never fail to shelter themselves from punishment, whenever they can, under the defects of the law, and the weakness of government.” d.c184
Cicero “For the administration of the government, like the office of a trustee must be conducted for the benefit of those entrusted to one’s care, not of those to whom it is entrusted.” 86.deoff
Publication of Laws
Hooker “And as it cometh to pass in a kingdom rightly ordered, that after a law is once published, it presently takes effect far and wide, all states framing themselves thereunto.” 60
John of Salisbury says the fountain of public power is from the Lord God, and this power is in Him always, forever. A prince or governor receives his power from God, a power that never leaves God, for the prince is the substitute hand of God according to His justice and mercy. 28
Marcus Aurelius “As a horse when he has run, a dog when he has tracked the game, a bee when it has made the honey, so a man when he has done a good act, does not call out for others to come and see, but he goes on to another act, as a vine goes on to produce again the grapes in season.” 223.3
Jesus “Be careful that you don’t do your charitable giving before men, to be seen by them, or else you have no reward from your Father who is in heaven. Therefore when you do merciful deeds, don’t sound a trumpet before yourself, as the hypocrites do in the synagogues and in the streets, that they may get glory from men. Most certainly I tell you, they have received their reward. 3 But when you do merciful deeds, don’t let your left hand know what your right hand does, so that your merciful deeds may be in secret, then your Father who sees in secret will reward you openly.” Matt.6:1-4
Jesus “Blessed are the peacemakers, for they shall be called children of God.” Matt.5.9
Cicero “And so diplomacy in the friendly settlement of controversies is more desirable than courage in settling them on the battlefield…” de.off.79
Paul “For bodily exercise has some value, but godliness has value in all things, having the promise of the life which is now, and of that which is to come.” 1 Timothy 4.8
Cicero “That moral goodness which we look for in a lofty, high-minded spirit is secured, of course, by moral, not by physical, strength.” 79.deoff.
Liberty under Law
Aristotle “for where absolute freedom is allowed, there is nothing to restrain the evil which is inherent in every man.” b6.vi.pol
Property – Law of Nature versus Civil Society
Note: The law of nature recognizes ownership by possession and use; this same law recognized the loss of property by abandonment. This makes ownership of property precarious, for example, if A plants in open field that is common to all a garden of corn then by use that field belongs to A. But in the following year if B reaches the field before A then by the law of nature B may plant the field because it appears that A had abandoned it. This law we use in parking spaces and seats in restaurants. Temporary ownership is granted by those who take the parking spot or restaurant seat and then restore to common when abandoned. However, this is different then the rules of civil society based on positive law. In civil society if A buys or inherits a field that field must be recognized by a written deed and that deed is keep safe in a public depository thus allowing A to keep the field even if he neglects to use it because the deed of ownership does not recognize abandonment.
Noah Webster “What powers must be collected and lodged in the supreme head or legislature of these states. The answer is easy: This legislature must have exclusive jurisdiction in all matters in which the states have mutual interest.” dc145
Note: There are two interpretations of the “general welfare” clause of Article I s.8. One interpretation follows James Wilson’s version were general welfare is any power that would be incompatible for the states to act on. For example, foreign affairs ought to be conducted by the general government versus one individual state. The other interpretation it that general welfare relates to the specific enumerated power of Article I section 8 that details general welfare for example as legislative power over post roads and for defense the navy.
Proverbs 27:6 “Faithful are the wounds of a friend; although the kisses of an enemy are profuse.”
John of Salisbury writes that flatterer, the toady, and the cajoler are inimical to all virtue. He binds himself to others for his benefit. Under the pretense of friendship he blunts the sharpness of reason and extinguishes the little light that may be present. To his advantage he will lead others astray. 18
John of Salisbury says the bitter truth is more useful and more esteemed by a mind of integrity than the honey dipped words of a prostitute. 20
Ulpianus “The science of the law is the acquaintance with Divine and human affairs, the knowledge of what is just and what is unjust.” just.digest.b1.10.2
Free Ingress and Egress
Vattel “The introduction of property cannot be supposed to have deprived nations of the general right of traversing the earth for the purposes of mutual intercourse, of carrying on commerce with each other, and for other just reasons.” 327
Note: The law of nature which is common sense support by revelation recognizes a sovereign obligation to allow free entrance and departures into the nation or state unless certain injury would incur. The American Union among the States fulfills this principle, and expanding this freedom to all nations is the work of providence.
Jesus “The second is like this, ‘You shall love your neighbor as yourself.’ Mk12.31
Vattel “It would certainly be too great a deviation from that universal benevolence which ought to unit the human race, to refuse a considerable advantage to an individual or to a whole nation, whenever the grant of it might happen to be productive of the most trifling loss or the slightest inconvenience to ourselves.”326
1 Corinthians 12:12,14 “For as the body is one, and has many members, and all the members of the body, being many, are one body; so also is Christ…For the body is not one member, but many.”
Grotius “For it is a relationship springing from the contract of society, which makes the sovereign the essential head, life and soul of that body, in which his people form the members. As the civil community therefore with its sovereign or head forms but one body, there can be no separation of interests, but what affect one part must be prejudicial or serviceable to the whole.” 208
Note: America’s mutual contract is of two parts: the social contract of immutable principles found in the Declaration of 1776 and the US Constitution co-ordinate with the constitutions of the several states for expressing those immutable principles. The work of the constitution, state and federal, is to impart those principles of the Declaration within each community. America is a duel sovereignty. The Declaration declares the sovereignty of God as Creator of our inalienable rights and Supreme Judge of national rectitude. The US Constitution recognizes “We the People” as the sovereign over the federal system as the state’s sovereignty is recognized as the people of the state. These sovereigns, God and the People (state and federal) are yoked together by the US Constitution’s subscription clause which declares Jesus as “our Lord” and God as Creator and Supreme Judge by the express word the“Independence…the Twelfth.” America is a co-ordinate federal system with two sovereigns. The people are sovereign over natural resources(Gen.1:28) and God over criminal justice of the Union.
Loss of Patriotism
Sidney “The people think it the greatest of all crimes, to convert that (civil) power to their hurt, which was instituted for their good…and when any occasion whether foreign or domestic arises, in which the magistrate stands in need of the people’s assistance, they, whose affections are alienated, not only show an unwillingness to serve him with their person and estates, but fear that by delivering him from his distress they strengthen their enemy, and enable him to oppress them.” 433
Law of Nations
Numbers 14:18 “Yahweh is slow to anger, and abundant in loving kindness, forgiving iniquity and disobedience; and that will by no means clear the guilty, visiting the iniquity of the fathers on the children, on the third and on the fourth generation.’
Note: “Fathers” in plural are the elders that form the leadership of the nation and the ‘children” the next generation. If a nation, elders or fathers, violates the rights of an another nation and according to justice the guilty nation is required to be punished or to pay restitution, if the guilty nation – a body politic and a moral person in perpetuity – can not make full restitution that restitution can be spread over four generations. If that nation is to be punished, whatever punishment justice requires, the guilty nation may be punished up to the fourth generations. This is a different rule for the individual where the sins of the father can not be exacted upon the son or the father punished for the sins of son because they are each individuals, a body politic of one, and not in perpetuity.
Note: Suffrage is a republican principle. When communities are formed, and those communities discover physical boarders, it creates jurisdiction of law – the right to make and enforce law. Those who live within the jurisdiction are under the rule of law enforced by the sovereign. The rule of law must have the consent of those the law governs. Consent of the people who are sovereign gives authority to the law. The exception is found in the law of sensibility. For example, a child may be excluded from suffrage being to insensible to comprehend the duties and obligations of being a sovereign who must know the needs of his community. Another example, aliens who are only temporary subject to jurisdiction are unfit for the work of local sovereignty; criminals by violating the social compact and quitting their duties as sovereign have no rights whatsoever. Citizenship training begins the training of a sovereign and the oath of freemen creates a freemen who shares the sovereignty of the People and the rights and obligations inherent.
Love of the World
Titus 3:3 “For we were also once foolish, disobedient, deceived, serving various lusts and pleasures, living in malice and envy, hateful, and hating one another.”
John of Salisbury says that world rains down riches and delights which renew and inflame the vicious eagerness for sensuous pleasures and lusts. The soul is tricked by multiple temptations into a enslavement by which the soul is alienated from itself – inner goodness decays as the desires for the world are expanded by the deception of exterior things. 9
Love of Money
1 Timothy 6:10 “For the love of money is a root of all kinds of evil.”
Matthew19:24 “Again I tell you, it is easier for a camel to go through a needle’s eye, than for a rich man to enter into God’s Kingdom.”
John of Salisbury says of those things of importance that confront man none of them is more pernicious that the delightful allurement of great fortune which turns one side from the vision of truth.” pol 9
Note: Jesus says that the rich will find it difficult to enter the Kingdom, and this is understandable when one considers that the holy priesthood of Jesus Christ is a ministry of law that requires daily dedication to the study of law and history – a focus that is unsuitable with goal of becoming rich. In fact, Plato says that the guardian of law is unfit for business and should not be in business. This is supported by the New Testament which speaks of a seven day Sabbath for the priesthood of Christ who are required to free from business affairs in order to give their time to legal studies.
gods and goddesses
Genesis 1:27 “Elohim (Gods) created man in his own image. In Elohim’s image he created him; male and female he created them.”
Seneca: “…gods and goddesses damn the rogues whose luxury has over-leaped the bounds of an empire already invidiously wide!”
Note: Elohim is plural meaning gods but it is often translated in the singular as God. However, if we keep to the true translation then the gods made mankind in their image of male and female or in the image of gods and goddesses.
Pufendorf “Now, as the Civil Law presupposes the Law of Nature, as the more general Science…” duties.pref
Note: The law of nature is right reason and it is the fountain of justice in civil society. Acting upon the rights of man, the codifying of right reason creates civil law. When the law of nature is violated by insensible acts under insensible reason to the injury to society or its members, it is the secondary law of nature right to respond to the violation of the first law of nature or failure of right reason and this response forms criminal laws. God reserves in the human community to legislate violations of the law of nature. Pufendorf writes, “The Obligation of Moral Divinity lies wholly in this; because God, in the Sacred Scripture, has so commanded” (duties.pref). The commandments of God, His secondary laws of nature responding to violations of the natural order, remains under His jurisdiction.
Jesus “But let your ‘Yes’ be ‘Yes’ and your ‘No’ be ‘No.’ Whatever is more than these is of the evil one.” Matthew 5:37
Pollock and Maitland write that honor to obligations have been effective in aiding or supplementing the imperfections of legality. 58
Cicero says that Hannibal released Roman prisoners so the could return to Rome for a prisoner exchange; however, if Rome was unwilling to perform the exchange of prisoners the freed Romans were to return to Hannibal on oath. One Roman prisoner left Hannibal’s camp “and returned a little later on the pretext that he had forgotten something or other; and then, when he left the camp the second time, he claimed that he was released from the obligation of his oath; and so he was, according to the letter of it, but not according to the spirit.” 39.xiii.deoff.
Pufendorf “And from hence proceed three distinct Sciences: The first of which is of the Law of Nature, common to all Nations; the second is of the Civil or Municipal Law peculiar to each Country, which is or may be as manifold and various as there are different States and Governments in the World; the third is Moral Divinity…” duties.pref
Note: Pufendorf states three laws of society: law of nature, civil or municipal law, and moral divinity. The law of nature is the system of reason guided by its tribunal conscience making judgment of exterior actions according to the convictions of the heart. Since the heart is deceitful, conscience requires an additional compass and this compass was revealed by God on Mt Sinai, the law of Moses. Municipal law is the written laws and statutes encompassing the law of nature and revealed law according to the needs of the community.
Marcus Aurelius says if our intellect is common to all so must our ability to reason for which in common we are rational beings; if this is so, universal is reason that commands us what to do, and what not to do; if this is true, there is a common law for all; if this is true, we are fellow-citizens; if this is true, we are members of one political community; if this true, the world is in a manner a State.” 213
Note: Reason without the taint of sin is the highest and universal law of man; reason is the spark of divinity in every man and this spark is the light of God’s image and likeness; however, when reason became subject to a flood of beastly impulses, it removed men in different degrees away from divinity and in various degrees toward a dangerous beast; therefore, a second common law was required to save men from insensible reason, and this law God delivered to Moses in the form of the Ten Commandments, the common law support for fallible reason.
Law of Nations
Leviticus 19:33-34 “‘If a stranger lives as a foreigner with you in your land, you shall not do him wrong. The stranger who lives as a foreigner with you shall be to you as the native-born among you, and you shall love him as yourself; for you lived as foreigners in the land of Egypt. I am Yahweh your God.”
Vattel “The sovereign ought not to grant an entrance into his state for the purpose of drawing foreigners into a snare, as soon as he admits them, he engages to protect them as his own subject, and to afford them perfect security, as far as depends on him.” 313 Law of Nations
1 kings 12:7-8 “King Rehoboam consulted with the elders who had served his father Solomon while he was still alive, saying, “How do you counsel me to answer this people?” But he forsook the counsel of the elders which they had given him, and consulted with the young men who grew up with him and served him.”
Sidney “…foolish or ill princes will never chuse such as are wise and good; but favoring those who are most like to themselves, will prefer such as second their vices, humours, and personal interests, and by so doing will rather fortify and rivet the evils that are brought upon the nation through their defects, than cure them.”404
Note: The character of the magistrate will be reflected in the choice of counselors, and this will determine the intrinsic nature the office and the wisdom displayed.
Note: Legislative acts within an absolute monarchy seek only to protect the interests of the prince since everything in the state is his property. In a democracy, representatives in assembly, owing not the state but everything to the people who elected them, can desire nothing but the welfare of the community that approved of them for the public trust.
Sidney “Besides, if the safety of the people be the supreme law, and this safety extend to, and consist in the preservation of their liberties, goods, lands and lives, that law must necessarily be the root and beginning, as well as the end and limit of the magistratical power, and all laws must be subservient and subordinate to it.”403
Locke “…but he who deputes him, and must, by having deputed him, have still a power to discard him, when he fails in his trust.” 208
Vattel “…since nations act and treat together as bodies, in their quality of political societies, a nation, being considered by foreign nations as constitution only one whole, one single person.” 302
Note: A nation by her social compact becomes a moral person. In this light, the commandments of God become international law. For example, “Do not steal” would be a prohibition against an individual from stealing from an individual as a nations from stealing from a nation. International law foresees an international tribunal. This is the tribunal Jesus set up in his twelve apostles.
Cicero “We saw this proved but now in the effrontery of Gaius Caesar, who, to gain that sovereign power which by a depraved imagination he had conceived in his fancy, trod underfoot all laws of gods and men.” deoff.25.viii
Law of Nature – Equality
Genesis 1:27 “God created man in his own image. In God’s image he created him; male and female he created them.
Justinian Digest “All this (slavery) had its origin in jus gentium,seeing that by natural law all were born free.”
Deuteronomy 4:1-2″ Now, Israel, listen to the statutes and to the ordinances, which I teach you, to do them…You shall not add to the word which I command you, neither shall you take away from it, that you may keep the commandments of Yahweh your God which I command you.”
Sidney “(King) He must therefore take the laws and customs as he finds them, and can neither detract from, nor add anything to them.”
Sidney “…so he cannot mitigate or interpret that which proceed from a superior power, unless the right of mitigating or interpreting be conferred upon him by the same. For all wise men confess that none can abrogate but those who may institute, and that all mitigating or interpreting be conferred upon varying from the true sense is an alteration, that alteration is an abrogation; for whatsoever is changed is dissolved, and therefore the power of mitigating is inseparable from that of instituting.” 399
Weakness of Hereditary offices
Sidney “No man has yet observed the moderation of Gideon to have been in Abimelech; the piety of Eli in Hopni and Phineas; the purity and integrity of Samuel in Joel and Abiah, nor the wisdom of Solomon in Rehoboam. And if there was so vast a difference between them and their children, who doubless were instructed by those excellent men in the ways of wisdom and justice, as well by precept as example, were it not madness to be confident, that they who have neither precept nor good example to guide them, but on the contrary are educated in an utter ignorance or abhorrence of all virtue, will always be just and good.” 398
Patriarchal to Civil Society
Jesus “Don’t judge, so that you won’t be judged. For with whatever judgment you judge, you will be judged; and with whatever measure you measure, it will be measured to you. ” Matt.7:1-2
Jesus “For my yoke is easy, and my burden is light.” Matt.11:30
”Step by step, as the power of the State waxes, the self-centred and self-helping autonomy of the kindred wanes. Private feud is controlled, regulated, put, one may say, into legal harness; the avenging and protecting clan of the slain and the slayer are made pledges and auxiliaries of public justice.” PM..31.2
Note: The Old Testament recognizes the avenger (Num.35.12). This is a result of a legal social order called “kindred” where the family bond took justice into its own hands, an example is when Lot was taken captive and Abraham, his kindred went to his rescue. Family feuds, often dangerous and menacing, was the result of attempted justice through the family bond, a patriarchal offspring. This certainly violates the principle that “no man should be the judge of his own case” due to the fact that self interest and personal injury rarely affords impassioned and disinterested justice to the guilty party. Jesus reaches past the right of the “avenger” for justice through the family bond to a judicial justice of civil society. In Jesus civil economy no longer will individuals or families be allowed to be judges of their own cases, that is, take the law into their own hands least they be judged themselves by a judge. But they must submit their cause to an appointed judge – being yoked to Jesus’ civil judicial system, an adoption of Jethro’s system of Exodus 18:21.
Cicero “All this the citizen who is patriotic, brave, and worthy… will dedicate himself unreservedly to his country, without aiming at influence or power for himself… A most wretched custom, assuredly, is our electioneering and scrambling for office.” 86.87deoff
Thomas Jefferson “ I join as great a value for the esteem of my countrymen, and conscious of having merited it by an integrity which cannot be reproached, and an enthusiastic devotion to their rights and liberty…” 520tjm/l
Helius “They are first to be raised with and instructed in the virtues; and, when they are proficient in them, so that they are demonstrated to excel in virtues those whom they must excel in honors, they ascend by invitation and they never turn aside their pledge to their citizens.” 61
Note: No one should run for public office, but he should quietly suffer to be nominated by others and if elected by the people, offer his gratitude for their esteem and trust. George Washington, John Adams, and Thomas Jefferson are examples of those who did not run for office but were elected on their reputation.
Bond of Society
Jesus said to him, “‘You shall love the Lord your God with all your heart, with all your soul, and with all your mind.’ This is the first and great commandment. A second likewise is this, ‘You shall love your neighbor as yourself.’ The whole law and the prophets depend on these two commandments.” Matt. 22:37-40
Cicero “…the principle by which society and what we may call its “common bonds” are maintained. Of this again there are two divisions — justice, in which is the crowning glory of the virtues and on the basis of which men are called “good men”; and, close akin to justice, charity, which may also be called kindness or generosity. The first office of justice is to keep one man from doing harm to another, unless provoked by wrong; and the next is to lead men to use common possessions for the common interests, private property for their own.”
Note: Cicero’s sense of justice of not doing harm to another is the same as Jesus’ “love your neighbor”. The sacred bond of society and the foundation of the social compact.
Justice over the Written Statute
Sidney “And if that sanction which is not just be not law, and can have no obligation upon us, by what power soever it be established, it may well fall out, that the magistrate who will not follow the directive power of the law (moral right of the law), may fall under the coercive, and then the fear is turned upon him, with this aggravation, that it is not only actual, but just.” 382
Note: This principle if accurate would have profound implications in the jurisprudence of law. Sidney explains two parts of the law: directive power and coercive force. The “directive” power of the law is the “inherit good and rectitude” in the law. The “directive” power of the law is superior over the “coercive” force no matter the authority that legislates it. This means if a law on the books fails in the proper “directive” power to implement justice, and a judge, nevertheless, implement the “coercive” force of the law, he would be guilty and may suffer legal retribution.
Jesus “You are of your father, the devil, and you want to do the desires of your father. He was a murderer from the beginning, and doesn’t stand in the truth, because there is no truth in him. When he speaks a lie, he speaks on his own; for he is a liar, and its father.” John 8:44
Sidney “Whether he be the minister of God to our good, a protector of good, and a terror to ill men; or the minister of the Devil to our hurt, by encouraging all manner of evil, and endeavoring by vice and corruption to make the people worse, that they may be miserable and miserable that they many be worse.” 382
Spreading the Gospel
Jesus “As many as don’t receive you, when you depart from that city, shake off even the dust from your feet for a testimony against them.” Luke 9:5
Vattel “The monstrous maxim of extending religion by the sword is a subversion of the rights of mankind, and the most terrible scourge of nations. “
Note: Jesus’ message is not extended by the sword. If his message is refused, the directive for the messenger is too kick the sand of his feet when leaving.
Isaiah 62:6 ” I have set watchmen on your walls, Jerusalem. They will never be silent day nor night.”
Socrates says it is the work of the overseers of the state to be watchful against insensible corruption. They must continuously be on guard, being ever watchful, against innovations attacking the established order, and to the best of their power guard against them that unsettle the most fundamental political and social conventions. 665
Light and Darkness
John 1:5 “The light shines in the darkness…”
Jesus “Neither do you light a lamp, and put it under a measuring basket, but on a stand; and it shines to all who are in the house.”Matt. 5:15
Seneca says if lived during the era of Cato, which produced many worthy characters and just as it produced many bad, who preformed monstrous crimes. The good and evil were necessary to make Cato’s quality understood; he needed bad men against whom he could make his strength effective and good men to appreciate his effectiveness.”89
Jesus “You are the light of the world. A city located on a hill can’t be hidden.” Matthew 5:14 “
“Pavia handed the lamp to Bologna, Lombardy to the Romagna.” pm22
Note: This lamp in Pavia was the study and development of law for the sake of justice.
Jesus “But don’t you be called ‘Rabbi,’ for one is your teacher, the Christ, and all of you are brothers.”Mat.3:8
Cicero “Thus we come to understand that what is true, simple, and genuine appeals most strongly to a man’s nature. To this passion for discovering truth there is added a hungering, as it were, for independence, so that a mind well-moulded by Nature is unwilling to be subject to anybody save one who gives rules of conduct or is a teacher of truth or who, for the general good, rules according to justice and law.” deof/b1/11.iv
Nature of Sovereignty
James Burgh “All lawful authority, legislative, and executive, originates from the people. Power in the people is like light in the sun, native, original, inherent and unlimited by any thing human. In governors, it may be compared to the reflected light of the moon; for it is only borrowed, delegated, and limited by the intention of the people, whose it is, and to whom governors are to consider themselves as responsible, while the people are answerable only to God, themselves being the losers, if they pursue a false scheme of politics. Of which more hereafter.
Note: Sovereignty is of a dual nature. The Sovereign of Creation delegates sovereignty, the right to make and enforce law, to mankind over the natural resources of the earth (Genesis 1.28) , and the people may delegate powers of sovereignty, legislative, executive, and judicial to those called worthy, who are called sons of God by the Holy Spirit. God maintains sovereignty over criminal justice. He declares good and evil and right and wrong and establishes punishment (2 Chronicles 19:6).
Sidney quoting Bracton: “The king therefore ought to exercise the power of the law, as becomes the vicar and minister of God upon earth, because that power is the power of God alone; but the power of doing wrong is the power of the Devil, and not of God.”
Banquet of the gods
Rutherford “These styles, of gods, of heads of the people, of fathers, of physicians and healers of the sons of the Most High, of such as reign and decree by the wisdom of God.” 90
“That we gather to us once in every month, if we can and have leisure, the “hynden-men” and those who direct the tithings….let these xii men have their refection together and feed themselves according as they may deem themselves worthy, and deal themselves worthy, and deal the remains of the meat for love of God.” SCC 77…Anglo-Saxon law.
There is a judicial principle that the law and its interpretation should not have “absurd” results, that is, contrary to reason and justice. For example, a city had a statute that made it a crime to spill blood in public, perhaps this statute was written due to epidemic of public fights. One day there was car accident and a doctor nearby assisted the injured He had to perform an on the spot operation that required the spilling of blood. He was arrested. At the trial, the judge considered it an absurd application of the law, and far from the original intent of the statute. In summery, law can not be absurd. Here is an interesting situation that comes from the Bible. In the New Testament Jesus is claimed to be sinless, that is, he never violated divine law, revealed or the law of nature. Yet, when Jesus healed a sick man on the Sabbath, he told the man to pick up his mat and walk. The man picked up his mat which was a violation of a Jewish Sabbath law. This has galactic implications. If Jesus was without sin and yet caused another to break the law, why was Jesus claimed to be without sin? The answer was that the Sabbath statute was absurd, in other words, it violated reason which is the law of nature processing divine will, and God Himself did not see it as sin. For Christian this one little incident with Jesus could of overthrown the whole New Testament, but we may say that Jesus was demonstrating a legal principle. When a law is absurd, you may be judged on earth but you will not be judged in Heaven.
John “Jesus therefore answered them, “Most certainly, I tell you, the Son can do nothing of himself, but what he sees the Father doing. For whatever things he does, these the Son also does likewise.” Jn.5:19
Epictetus asks how does one understand that they are attached to God? When what God’s wills, then he also wills. Then Epictetus asks how does this come to pass? By considering the movement of God and His administration.
Paul “Therefore I urge you, brothers, by the mercies of God, to present your bodies a living sacrifice, holy, acceptable to God, which is your spiritual service…” Rom 12.1
Thomas Jefferson writes,”Behold me, my dear friend, elected Secretary of State, instead of returning to the far more agreeable position which placed me in the daily participation of your friendship. I found the appointment in the newspapers the day of my arrival in Virginia…after three months parleying, to sacrifice my own inclinations.
The Power of the Word
Isaiah 2:3 “For out of Zion the law shall go out, and Yahweh’s word from Jerusalem.”
Note: Vattel says political laws concern the body itself and the being of the society, the form of government, and the manner in which the public authority is to be exerted, in a word, which from the constitution of the state and are the fundamental laws. On the other hand, Civil laws are those that regulate the rights and conduct of the citizens among themselves. We see these two laws, fundamental and civil, in Isaiah 2.3. The laws from Zion are the civil laws revealed to Moses (Zion being the located on Mt. Moriah – the place of the temple where the commandment of God were held in the ark) and the word from Jerusalem displayed God’s constitution found in His Torah, for example, Deuteronomy 17 establishes an appellate court system, and an executive branch under law.
Fountain of Sovereignty
1 Peter 1:16 “because it is written, “You shall be holy; for I am holy.”
Jesus said in Matthew 12:43-45, “When an unclean spirit has gone out of a man, he passes through waterless places, seeking rest, and doesn’t find it. Then he says, ‘I will return into my house from which I came out,’ and when he has come back, he finds it empty, swept, and put in order. Then he goes, and takes with himself seven other spirits more evil than he is, and they enter in and dwell there. The last state of that man becomes worse than the first. Even so will it be also to this evil generation.”
Jesus is describing a political and cultural problem, a nation heading toward destruction. When the foundation of the nation, the people, become corrupt their corruption flows into every other public and private edifice including civil government, so when the righteous attempt to remove one evil spirit seven more evil spirits appear to make matters worse. Rome suffered this problem when they assassinated the usurper Caesar only to find Augustus taking his place, and after Augustus came Tiberius, and after Tiberius came Claudius and so on. The problem in America is the American people. They have failed in keeping the fountain of sovereign power, the people, purified by good laws and good magistrates. The American people have allowed themselves to become an impure fountain filled with drug addicts, thieves, murderers, prostitutes, adulterers, sexual offenders, alcoholics and the like. What good can come out of such a corrupt fountain? Only factious political mobs seeking personal advantages by the use of tyranny. The moral decline of America like Rome before is a certain collapse into a military dictatorship unless Americans restore the purity of the fountain by laws that purify the fountain. Sidney called the laws of God as revealed on Mt. Sinai the law of liberty. Why? Because is purifies the fountain of sovereignty, the people.
Jurisdiction – A Right to Declare Law
Genesis 15:18 “In that day Yahweh made a covenant with Abram, saying, “I have given this land to your offspring,from the river of Egypt to the great river, the river Euphrates.”
Note: The first principle of criminal justice is defining good and evil, See God’s revealed law. The second is jurisdiction or the right to declare law and this is set by boundaries or “metes and bounds”
End of the Law
The law of nature untainted is the highest law; it is divine law without the inferior commandments of God given to Moses. The law “Do not steal” relies on the possibility that a crime of theft can occur while the higher law of natural justice finds no such notion in the soul. It is the work of the Atonement as part of Redemption to restore mankind to natural justice thereby removing the need for the inferior law of criminal justice. Pufendorf gives examples of the God’s redemption principle when he writes “Yet it seems superfluous that these things (prohibitions) should be ordain’d by express Commands, where there are no disorderly Inclinations to excite Men to the committing such Wrongs. For the Illustration of which, this may be taken notice of, that Solon would by no Publick Law enact any Punishment for Parricides, because he thought that no Child could be guilty of so horrid an Impiety. In like manner we find an Account, in the History of the West‐Indies, concerning the People of Nicaragua; that in their Laws no Punishment was appointed for those who should kill the Cacique, by which Name they call their Princes; because, say they, there can be no Subject, who would contrive or perpetrate so base an Action.” God’s plan of redemption is liken to Solon and West Indies where the law of Moses is of no use and brought to an end by the process of circumcision which is the engraving of God’s law upon the heart and atonement which cleans the conscience of dead works caused by sin so it can readily read the divine etchings.
Anointed Public Service
Montesquieu in “Spirit of the Laws” (1748)
“While the Mahometan princes incessantly give or receive death, the religion of the Christians renders their princes less timid, and consequently less cruel. The prince confides in his subjects, and the subjects in the prince. How admirable the religion which, while it only seems to have in view the felicity of the other life, continues the happiness of this!”
“By preferring the interest of the people before his own, he gains their affection, and all that is in their power comes with it; whilst he unites them to one another, he unites all to himself. In leading them to virtue, he increases their strength, and by that means provides for his own safety, glory and power.” 433
Note: Rulers who abuse their public trust to the injury of the people are naturally despised by the people. Such a ruler, feeling opposition in the people, will corrupt civil authority to the point of tyranny. On the other hand, public servants, who are anointed with the spirit of Christ which is a spirit of public service, will serve their communities within the metes and bounds of God’s law and the law of the land. Being called by God to serve a higher purpose than self interest, and receiving the Holy Spirit which is the spirit of Christ, Christian public servants offer true sacrifices in the form of public service.
Jesus “…Son of Man came not to be served but to serve others…” Matt 20.28
Socrates in giving names to the leaders of his city they are to be called Savior and helper and not masters. 702
Law of Nature – Property
Chancellor Kent “…the general and rational principle that every person ought so to use his property as not to injure his neighbors, and that private interests must be made subservient to the general interests of the community.” Slaughter House Cases
Note: Justice Miller uses this principle to support the police power of the state. He says such police power is easily recognized but cannot be with certainly defined. In other words, in specific health and safety concerns of the state the power of policing is plenary. This opens up an old argument, is the legislative power of state inherent or delegated. The answer from the Word of God is all sovereign power is delegated. God delegates sovereign power over natural resources to mankind in general (Genesis 1:28) and with that authority residing in the people, they may enumerate that authority through their social compact called a constitution. The people may define the all police power according to their delegated authority across the federal system. No power is inherent except at the Source.
Sovereignty – Life and Death
God delegates as a common right power of death to a murderer for an act of slaying another man (Genesis 9:6). This power was moved from a common right in the state of nature to a judicial right in a state of society created by God’s covenant or social compact with the nation of Israel (Dt:17:8-9).
James Wilson in his book on laws says that customs are unwritten laws that have the agreement of the people. Customs are the ancient habits of the people and it flows from the law of nature. It is the unwritten law of society. Plato calls customs the rivets of society that uphold written law. (1366) Law will reflect the culture and this is the work of Apostle Paul in his mission of reconciliation in order to create a culture that can support God’s Law. This is what Jesus also had in mind when he told his Apostles to make disciples of all nations (Matthew 28:19). Seneca describes this service as well,”But the retirement should be of such a nature that…keeps his leisure, he must still be willing to be of service to individual and to mankind by his intelligence , his voice, his counsel….he who exhorts the youth, who,…..imbues their minds with virtue, who seizes them as they race for money and luxury and holds them back, slowing them down…a man who defines justice, piety, patience, fortitude, contempt of death, a knowledge of the gods, and shows what a safe and easy asset a good conscience is…?
Justinian says,”the unwritten law is that which usage has approved; for ancient customs, when approved by the consent of those who follow them, are like statute. (1.59) An examples from Old Testament demonstrates the making of a legal custom from the law of nature concerning property rights. In John 12:4 the Samaritan women claim a right to a well that had been used by her ancestor Jacob. The common laws of England are considered legal customs becoming written law by the adjudicated of judges.
Power of Imitation
Paul “Be imitators of me, even as I also am of Christ.” 1 Cor. 11.1
Cicero “Next to that, young men win recognition most easily and most favourably, if they attach themselves to men who are at once wise and renowned as well as patriotic counsellors in public affairs. And if they associate constantly with such men, they inspire in the public the expectation that they will be like them, seeing that they have themselves selected them for imitation.” De.off.b2.46-47
Cicero in his “Laws” says that iniquitous magistrates are more injurious to their country in that they not only contract evil habits themselves but also infect the community. They are a danger, not only because they have corrupted themselves but because they corrupt others. They do more injury by their mere example than by their criminal offenses. 162
Mr. Justice Brandeis “Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” Mr. Justice Brandeis, dissenting, said in Olmstead v. United States. from Mapp v Ohio
Note: Some are called to be shepherds in the community and some are called to follow, the sheep. A good shepherd or teacher sets a good example while a bad shepherd sets a bad example. God judges the shepherd more severely then the sheep because of the shepherd’s strong influence over the flock. What folly is in the heart of the people when they raise up a bad shepherd to an office of public trust and responsibility knowing that the judgment of God will fall twice as hard upon him. It is better that the bad shepherd remain one of the sheep.
James 3.1 “Let not many of you be teachers, my brothers, knowing that we will receive heavier judgment.”
John of Salisbury “John says all who are in authority are to take precautions with the greatest diligence in order that inferiors may not be corrupted by their example, nor by their abuses, nor by following the path of pride or luxury which lead the people into the darkness of confusion. Subjects imitate the vices of superiors
because the people strive to conform with their leaders. Theodosius: “The world is arranged after the example of the king, nor is an effect upon the judgments of men a matter of powerfulness of edicts instead of the life of the ruler. The changeable masses are always altered by the prince.” 37
Jesus versus the Supreme Court – immutable law
Justice FrankFurter – Supreme Court 1952: “To practice the requisite detachment and to achieve sufficient objectivity no doubt demands of judges the habit of self-discipline and self-criticism, incertitude that one’s own views are incontestable, and alert tolerance toward views not shared. But these are precisely the presuppositions of our judicial process. They are precisely the qualities society has a right to expect from those entrusted with ultimate judicial power.” Rochin v California
Jesus “Whoever, therefore, shall break one of these least commandments, and teach others to do so, shall be called least in the Kingdom of Heaven; but whoever shall do and teach them shall be called great in the Kingdom of Heaven.” Matt. 5:19
Note: Justice FrankFurter opined that society has a right for American Judges to feel “incertitude” toward personal convictions and to be open minded and tolerant toward other views. But if the Court is to be bulwark against popular passions and a shield against a national spirit of depravity, then weak convictions, uncertainty, and flexible standards will turn into full blown sails that will move the Court in conjunction with the popular passion of the day however misguided or corrupted. On the other hand, Jesus describes a different kind of judge; one who sets his convictions on the rock of immutable law, who demonstrates by his life a higher law over human impulse and teaches others to do the same.
Jesus versus the Supreme Court – Due Process of Law
Supreme Court 1952 ” In each case, “due process of law” requires an evaluation based on a disinterested inquiry pursued in the spirit of science, on a balanced order of facts exactly and fairly stated, on the detached consideration of conflicting claims.” Rochin v California
Jesus “For most certainly, I tell you, until heaven and earth pass away, not even one smallest letter or one tiny pen stroke shall in any way pass away from the law, until all things are accomplished.” Matt.5:18
Note: Due process of law says the Court is based on science and the balancing of facts against in a disinterest objectivism within a scientific jurisprudence. This may be due to the Court’s acceptance of the evolutionary model which is contrary to America’s charter the Declaration of 1776 which declares that “all men are created” by a Creator and that our national “rectitude” is defined by the Supreme Judge of the world. Jesus’ due process of law is the fulfillment of every “jot and tittle” of God’s law within a judicial, legislative and executive framework. Jesus’ and not the Supreme Court version of due process uphold the organic law of nation and therefore entirely constitutional.
Common law “Qui facit per alium facit per se.” Translation: “He who acts through another does the act himself.”
Note: God has rested the power of sovereignty in the people. They, the people, decide the form of government and the laws in which they are to live under. Their public officials and agents who act on the people’s behalf are acting under the people’s will and permission. Any act by any agent of the people is the act of the people themselves; therefore, the crimes of public agents are also the crimes of the people according to the common law and the law of God. For example, America’s sanction of abortion is the crime of the Supreme Court who legislated the right, the Congress that funds it, and the Executive that promotes it, but the party convicted more severely by God are the people who allow it. National sins receive national punishments from the Supreme Judge of the world.
In God We Trust
Psalm 118.9 “It is better to take refuge in Yahweh, than to trust in princes.”
US Motto “In God we trust ” was adopted in 1956
Note: To trust in God is to trust in His law. To trust in princes is to trust in man’s ability to rise above self interest and personal passion in the legislation of just law. History proves that it is better to trust in God’s law than to trust in man’s law. Our motto says we trust in God and in His law.
Paul “…and appoint elders in every city, as I directed you; if anyone is blameless, the husband of one wife, having children who believe, who are not accused of loose or unruly behavior.” Tit.1:5-6
Note: A former President of the United State professed the name of Jesus during his campaign and received large segment of the Christian vote. During and after his presidency he and his wife openly encouraged the corruption of the Union by promoting homosexual lifestyles.A public office holder in the US Congress, a conservative, changed his position in support of gay marriage. What moved him into this public perversion? A gay son. The wisdom of God shines forth by requiring ethical standards of righteousness not only for those who seek public office but also of their immediate family.
Jesus “By their fruits you will know them. Do you gather grapes from thorns, or figs from thistles?” (Matt.7:16) In the 1960’s, the Supreme Court removed the religious oath, a requirement in the belief in God – that was necessary in order to gain access to civil government and offices of public trust. Historically, the American colonist used the religious oath as a guard at the gate of civil government because they knew that civil authority was a great blessing or great curse depending who controlled it. Under Christian leadership, civil government and public policy had been a great blessing, but beginning with the 1960’s secularization of America, our public policies have been a great curse. I recommend that Americans stop gathering thorns and thistles and once again gather grapes and figs by restoring the oath that supports our Declaration of Independence that declares God is the Creator of our inalienable rights and the Supreme Judge of our moral rectitude, and by this oath, we once against elect sensible and God fearing leadership. Article VIII to the US Constitution restore the religious oath.
Locke “ Thus the safeguard of men’s lives, and of the thing that belong unto this life, is the business of the commonwealth; and the preserving of those things unto their owners is the duty of the magistrate; and therefor the magistrate cannot take away these worldly things from this man, or party, and given them to that; nor change property amongst fellow-subjects. No not even by a law, for a cause that has no relation to the end of civil government…” 243
Locke ”Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people…”197
John Locke “The supreme power cannot take from any man part of his property without his own consent: for the preservation of property being the end of government, and that for which men enter into society.” 161.2
Note: Law of Moses’ principle law, “Do not Steal.” Case law – See King David who purchased private property to build a public building – the temple. First, he gained a volunteer consent by the property owner. Second, King David paid for the property according to its true value or better.
Right to Counsel
Isaiah 1.17 ” Learn to do well. Seek justice. Relieve the oppressed. Judge the fatherless. Plead for the widow.”
Amendment VI “In all criminal prosecutions… to have the assistance of counsel for his defense.”
Note: Amendment Sixth of the US Constitution secure a right to council in all criminal cases, and if the defendant can not afford one then one is appointed by the State. We recognize right to counsel in the State Constitutions as well. The requirement is established in the Declaration of Independence precept of the “inalienable rights” granted by a Creator revealed in Scripture and this is true religion according to Isaiah 1.17. Additionally, Moses pleading on behalf of Israel before the God of Israel is a biblical precedent (Ex 32:12-14). In Powell v Alabama this right is forcefully applied against state when is failed to provided a fair trial with adequate counsel. Even the Court applied “justice and liberty” to the due process to reach an appropriate end, they fail to reach into a legitimate law of the Scripture thus failing to support their judicial conscience.
God and gods
Rutherford ” There is a dignity material in the people scattered – they being many representations of God and his image, which is in the king also, and formally more as king, he being endued with formal magistratical and public royal authority, In the former regard, this or that man is inferior to the king, because the king hath that same remainder of the image of God that any private man hath, and something more – he hath a politic resemblance of the the King of heavens, being a little god…” 77
Rutherford “Those who judge in the room of God, and exercise the judgment of God, are essentially judges and deputies of God…” 88
Psalms 81:1 ” God presides in the great assembly.He judges among the gods.”
Note: The “dignity material” in the people is the inherent royal authority found within the image and likeness of God (Gen.1.27), and by mankind’s suffrage, civil or royal authority is delegated to public servants for the good of the community. The Hebrew word elohim is translated three ways, God, gods, or judges. God judges among the gods or judges.
Noah Webster 1787 “But in civil society, political liberty consists in acting conformably to the sense of a majority of the society. In a free government, every man binds himself to obey the public voice, or the opinions of a majority; and the whole society engages to protect each individual. In such a government a man is free and safe.” 154dc
Proverbs 15:22 “Where there is no counsel, plans fail; but in a multitude of counselors they are established.”
Rutherford “All these of the people taken collectively having more of God, as being representations, are, according to this material dignity, more excellent than the king, because many are more excellent than one.”
Sidney “Many eyes see more than one: the collected wisdom of a people much surpasses that of a single person…” 403
Note: The Scripture premise of equality is that all men are made in the image and likeness of God (Gen:1.27) and each having an equal part of the delegated authority from God (Gen. 1.28) provides the substance of the majority rule, for if two men of equal authority are of opposing views, then each view has the support of equal authority, but if two men join against the one, the scale of is tipped toward the majority.
Livy “With the consent of the vast majority, when the ten tables had been proposed, they called the people to an assembly; and they ordered them to go and choose whichever of the proposed laws would be good, auspicious, and happy for the republic, themselves, and their children.” Livy, History of Rome. Bk 3 ch 14. Sidney.391.note
Sidney writes, “If by consent…(he is) placed above his brethren (in public office)…obligation of gratitude are on his side, and whatsoever he does in acknowledgment to his benefactors for their love to him, is no more than his duty; he can demand no more from them than what they think fair to add to the favors already received.” 327
Similarly, Jesus says, ” But who is there among you, having a servant plowing or keeping sheep, that will say, when he comes in from the field, ‘Come immediately and sit down at the table,’ and will not rather tell him, ‘Prepare my supper, clothe yourself properly, and serve me, while I eat and drink. Afterward you shall eat and drink’? Does he thank that servant because he did the things that were commanded? I think not. Even so you also, when you have done all the things that are commanded you, say, ‘We are unworthy servants. We have done our duty.” Luke 17.7-10
Vattel “If it be incontestable that men must love each other in order to answer the views of nature and discharge the duties which she prescribes them, as well as for their own private advantage, – can it be doubted that nations are under the like reciprocal obligation? Is it in the power of men, on dividing themselves into different political bodies, to break the ties of that universal society which nature has established amongst them. (sic)
Note: The Babel dispersion created individual nations or communities each having their own self interest and jealousies based on self preservation and the want of prosperity; consequently, such jealousies among nations is the source of war and all international conflict. To end such global conflict requires a union of interested parties who’s jealousy and self preservation is joined and shared. George Washington understood this when he said in his Farewell Address,”..(American People) must derive from union an exemption from those broils and wars between themselves, which so frequently afflict neighboring countries not tied together by the same governments…” The United States encompassing 50 free and independent republics offers the hope of a global union where international peace is established within a Family of Nations sharing the same constitution, the Constitution of the United States. A global America would fulfill Vattel’s vision where he writes,” Nations would communicate to each other their products and their knowledge; a profound peace would prevail all over the earth, and enrich it with its invaluable fruits; industry, the sciences, and the arts, would be employed in promoting our happiness, no less than in relieving our wants; violent methods of deciding contests would be no more heart of; all differences would be terminated by moderation, justice, and equity; the world would have the appearance of a large republic; men would live every-where like brothers, and each individual be a citizen of the universe.”
Epictetus “Till then these sound opinions have taken firm root in you, and you have gained a measure of strength for your security, I counsel you to be cautious in associating with the uninstructed. Else whatever impressions you received upon the tables of your mind in the School will day by day melt and disappear, like wax in the sun. Withdraw then somewhere far from the sun, while you have these waxen sentiments.
Oath of Allegiance
David Hume “But philosophers who have embraced a party–if that be not a contradiction in terms–are not content with these concessions. They assert not only that government in its earliest infancy arose from consent, or rather the voluntary acquiescence of the people, but also that, even at present, when it has attained its full maturity, it rests on no other foundation. They affirm that all men are still born equal and owe allegiance to no prince or government unless bound by the obligation and sanction of a promise. And as no man, without some equivalent, would forego the advantages of his native liberty and subject himself to the will of another, this promise is always understood to be conditional and imposes on him no obligation, unless he meet with justice and protection from his sovereign. These advantages the sovereign promises him in return; and if he fail in the execution, he has broken on his part the articles of engagement, and has thereby freed his subject from all obligations to allegiance. Such, according to these philosophers, is the foundation of authority in every government, and such the right of resistance possessed by every subject.”
Delegation of Sovereign Authority
Rev. Rutherford “(people)…to give him royal power of ten degrees, where as they might give him power of twelve degrees, of eight, or six…
Note: Raising up public servants is the delegation of sovereign authority from the people to the servant and this authority can be extended or limited by the people themselves. The instrument of such enumerations is the constitution of community.
Matthew 5:3 “Blessed are the poor in spirit, for theirs is the Kingdom of Heaven.”
Epictetus “…If a man put his hand to so weighty a matter without God, the wrath of God abides upon him. That which he covets will but bring upon him public shame. Not even on finding himself in a well-ordered house does a man step forward and say to himself, I must be master here! Else the lord of that house takes notice of it, and, seeing him insolently giving orders, drags him forth and chastises him. So it is also in the this City, the World, here also is there a Lord of the House, who orders all things…”
Note: Epictetus is sensible that if any person takes on a difficult task such as an office of public trust he will be in one of two positions, either in God’s blessing or under God’s wrath. No one is all knowing and sensible of over every just act. Man is poor in spirit failing to know some things. He may be sensible one on thing and insensible in anther. God blesses the sensible but he curses the insensible. Better, to pray to God to atonement the error before the error occurs. George Washington and Thomas Jefferson offer examples of two men who entered into the weighty matter of being President of the United States and both were equally sensible of the need to call upon God’s blessing.
George Washington’s First Inaugural Address “Such being the impressions under which I have, in obedience to the public summons, repaired to the present station, it would be peculiarly improper to omit in this first official act my fervent supplications to that Almighty Being who rules over the universe, who presides in the councils of nations, and whose providential aids can supply every human defect, that His benediction may consecrate to the liberties and happiness of the people of the United States a Government instituted by themselves for these essential purposes, and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the Great Author of every public and private good…”
Thomas Jefferson First Inaugural Address “…I advance with obedience to the work….And may that Infinite Power which rules the destinies of the universe, lead our councils to what is best, and give them a favorable issue for your peace and prosperity.
Law of Nations
Jesus “You shall love your neighbor as yourself.” Matt. 22:39
Vattel “…the universal love of mankind obliges us to grant at all times, and to all, even to our enemies, those offices which can only tend to render them more moderate and virtuous, because no inconvenience is to be apprehended from granting them, – we are not obliged to give them such succours as probably may become destructive to ourselves.” 270
Socrates in the Republic says that pleasure may be associated with Aphrodite but the right love is a love for social order. 647 Apostle Paul says in Romans 13:10 “Love doesn’t harm a neighbor. Love therefore is the fulfillment of the law.” This civil love is not only the just interaction between man and man but a beneficial interaction between the visible culture and the citi
Rutherford in Lex Rex writes, “But the most eminent and fountain-power of royalty (sovereign authority) remains in the people as in an immortal spring, which they communicate by succession to this or that mortal man, in the manner and measure they think good.” 82 This is support in Genesis2.28 when God says to mankind,“Be fruitful, multiply, fill the earth, and subdue it. Have dominion over the fish of the sea, over the birds of the sky, and over every living thing that moves on the earth.” But if you noticed God gives to mankind only authority over natural resources, he does not offer to give to mankind the right to define good and evil. The definition of good and evil, the first principle of criminal jurisprudence, God Himself defines in His law. A true republic is based on dual sovereignty: sovereignty of the majority over natural resources yoked to the Sovereignty of God over the passions of mankind. This is exemplified in America’s Pledge of Allegiance of “…one nation under God” and Jesus confirms a dual sovereignty in Matthew 11:30when he states that his yoke (a dual brace) is light.
Rev. Rutherford “All that you can imagine to be in a king, as a king, is all relative to the safety and good of the people.”
Word and the Law
Isaiah 2:3 “For out of Zion the law shall go out, and Yahweh’s word from Jerusalem.”
Note: Vattel says the nations are constructed upon constitutions and municipal laws. The God of Israel agrees as expressed in Isaiah. His word that goes out from Zion are written covenant or constitution that shapes the form of His federal republic while the statutes of Moses and of the Gospels are His municipal laws.
How tyranny takes over a nation…
Ecclesiastes 7:20 “Surely there is not a righteous man on earth, who does good and doesn’t sin.”
Sidney “Men are naturally propensity to corruption; and if he whose will and interest it is to corrupt them, be furnished with the means, he will never fail to do it. Power, honors, riches, and the pleasures that attend them, are the baits by which men are drawn to prefer a personal interest before the public good and the number of those who covet them is so great, as shall be sufficient to subdue the rest. “
Note: The solution in protecting civil government certain collapse into tyranny is by check and balances. This system was incorporated in the US Constitution but is very incomplete. Article VIII seeks to complete the necessary additions according to the wisdom of God. This is required to end the certain rise of tyranny; in fact, it is our redemption.
Deuteronomy 5:16 “Honor your father and your mother, as Yahweh your God commanded you; that your days may be long, and that it may go well with you, in the land which Yahweh your God gives you.”
Note: This law gives insight to God’s judgment. It speaks of a principle. Adam and Eve by eating of the forbidden tree did not honor their Creator and Father and was forced out of garden. The first diaspora. Cain did not heed God’s warning and Cain spilled the innocent blood of Abel and Cain my God’s judgment was removed from Eden. The second diaspora. The Babel diaspora was result of failing to obey God’s commandment to “fill the earth”. The tribes of Canaan falling into corruption last their territory by God’s judgment and gave the land to Israel. Later, Northern Israel served pagan gods and for its crimes was sent into the diaspora by the hand of Assyria. Judea became just as corrupt and sent into the diaspora by the Babylonians. It was recorded that Carthage served their gods with child sacrifice and lost its territory to Rome. Rome spilled innocent blood in the Coliseum and God diminished the Roman people through defeat in war and numerous plagues while moving the Gaulish people into Roman territory. King Montezuma and Aztecs has to face the Spanish conquerors for multiples crimes including cannibalism. By the spilling of innocent blood by abortion, As the American people becoming diminished by abortion, we see a migration from South America into US territory. The message is that violations of God’s law has visible consequences.
Socrates says there is no greater proof of evil and shameful education within the city when their is an increase need for judges to deal with licentiousness and physicians to deal with sickness. (650) The God of Israel ties the health and safety of a nation directly to obedience of His laws and obedience of His law can be directly connected to education See Dt.6.5-9.
Thomas Jefferson “Every constitution, then, and every law, naturally expires at the end of thirty-four years. If it be enforced loner, it is an act of force, and not of right.” 492m/l
Genesis 17:7 “I will establish my covenant between me and you and your offspring after you throughout their generations for an everlasting covenant..”
Note: Thomas Jefferson theorizes that the death of one general repeals the constitution and laws of that generation. However, God gives us an example of a covenant that is binding upon every generation. Peter in Act 2 declares a new covenant and adds these words, ” For the promise is to you, and to your children…”. This clearly shows that constitutions, charters and covenants do not become impotent at the death of the current age but continue until purposely revoked.
Hume “Did one generation of men go off the stage at once and another succeed, as is the case with silkworms and butterflies, the new race, if they had sense enough to choose their government, which surely is never the case with men, might voluntarily and by general consent establish their own form of civil polity without any regard to the laws or precedents which prevailed among their ancestors. But as human society is in perpetual flux, one man every hour going out of the world, another coming into it, it is necessary in order to preserve stability in government that the new brood should conform themselves to the established constitution and nearly follow the path which their fathers, treading in the footsteps of theirs, had marked out to them.” f/const
Three Days of Reflection
Grotius “…venerable and upright judges use the greatest precautions, and suffer no one to be hurried away to execution, without a reasonable time allowed for reflection and deep abhorrence of his crime: a repentance, which though prevented by the interposing hand of death from producing the fruits of righteousness, we have reason to suppose, from the case of the thief pardoned on the cross, may be accepted with God.”
4th. Whatever is constituted and ordained by the principal supreme power can not be altered, suspended or abrogated by any other power, but the same power that ordained may alter, suspend and abrogate its own ordinances. (instruction to delegates’f/counst)