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Congress Hall Cafe

Constitutionalism

The meaning, the definition, of church (any kind of church) is community, and the legal arm of any community is civil government which is responsible for enforcing the values of the community. To have a separation of church (community) from government is to invite danger to the community by a government in opposition to the values and beliefs of the community. Peace in a Christian community requires the support of government. Christians in America had that peace until their government went to another community (secular humanist), and now government is waging war against the Christian community.
Those who do not agree with Christianity cry separation of church and state while declaring the right of Atheism and State or Islam and State or any other ism and state. This is nature of the war against Christianity in America. If Christians are the majority in America, it is within their power to restore government as the arm of the Christian community, and those opposing the will of the majority are refusing to live under principles of the American republic

Citizenship is membership into a social compact sanctified by those who will uphold the principles of the compact. Immigrants nor natives ought not to be citizens until they declare allegiance to the national compact. America’s charter, the Declaration of Independence, declares its members receive inalienable rights from their Creator and a moral rectitude from the Supreme Judge. Faith in these principles qualify new members into the American Union and by a formal declaration of an oath, and those resisting American faith can not be members, and if violent toward the American compact, they are to be considered an enemy.

King Edward 1275 AD “And because elections ought to be free, the king commandeth upon grate forfeiture, that no man by force of arms, nor by malice or menacing, shall disturb any to make free election.” Sdocs.69

Keeping the Sabbath [7th Day of the Week] is the 4th commandment. This commandment is not a holiday but a day for holy assemblies. Holy assemblies are public assemblies for doing the work of public business by the people for the people. On this day the people are to review the law of the land and the magistrates who execute them. It is a day of election and citizenship training day. The Sabbath day God gave to His people so that they may be vigilant over the use of public authority and to direct that authority in order to improve their communities. The American people need the Sabbath; it is their seat of their authority; it is the fourth branch of government, and to neglect of the Sabbath, the cornerstone of free republic, is the cause of the abuse and misuse of civil power by unaccountable public agents. The Sabbath is so essential to the right use of the police and military powers of the state that God has instituted the death penalty for its violation. This is perfectly sensible when we consider it is the misuse of civil power by an unaccountable public agents that has led to the great atrocities within the human community. Go to Face Book Page for more.

Yick Wo v. Hopkins, 118 U.S. 356 (1886)

“When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed [118 U.S. 356, 370] to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power. It is, indeed, quite true that there must always be lodged somewhere, and in some person or body, the authority of final decision; and in many cases of mere administration, the responsibility is purely political, no appeal lying except to the ultimate tribunal of the public judgment, exercised either in the pressure of opinion, or by means of the suffrage. But the fundamental rights to life, liberty, and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws, so that, in the famous language of the Massachusetts bill of rights, the government of the commonwealth “may be a government of laws and not of men.” For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.”

In Re Slaughter-House Cases, 83 U.S. 36 (1872)

This, it is true, was the violation of a political right; but personal rights were deemed equally sacred, and were claimed by the very first Congress of the Colonies, assembled in 1774, as the undoubted inheritance of the people of this country; and the Declaration of Independence, which [83 U.S. 36, 116] was the first political act of the American people in their independent sovereign capacity, lays the foundation of our National existence upon this broad proposition: “That all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.” Here again we have the great threefold division of the rights of freemen, asserted as the rights of man. Rights to life, liberty, and the pursuit of happiness are equivalent to the rights of life, liberty, and property. These are the fundamental rights which can only be taken away by due process of law, and which can only be interfered with, or the enjoyment of which can only be modified, by lawful regulations necessary or proper for the mutual good of all; and these rights, I contend, belong to the citizens of every free government.

Vattel “In the interpretation of a treaty, or of any other deed whatsoever, the question is, to discover what the contracting parties have agreed upon, – to determine precisely, on any particular occasion, what has been promised and accepted, – that is to say, not only what one of the parties intended to promise, but also what the other must reasonably and candidly have supposed to be promised to him…” 410

Vattel  “It is not allowable to interpret what has no need of interpretation.” 408

Vattel ” …though all the expressions of a treaty should be perfectly clear, plain, and determinate, the true interpretation would still consist in making, in all the particular cases that present themselves, a just applications of what has been decreed in the a general manner…” 407

Aristotle “As the weaver or shipbuilder or any other artisan must have the material proper for his work (and in proportion as this is better prepared, so will the result of his art be nobler), so the statesman or legislator must also have the materials suited to him.” b7.iv

Cicero  “For rights that were not open to all alike would be no rights. If the people secured their end at the hands of one just and good man, they were satisfied with that; but when such was not their good fortune, laws were invented, to speak to all men at all times in one and the same voice.” de.off.b2.41

Creator only can Preserve…

Chief Justice John Marshal “1st. That a power to create implies a power to preserve; 2d. That a power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and to preserve; 3d. That, where this repugnancy exists, that authority which is supreme must control, not yield to that over which it is supreme.”  McC

Note: The American Union was founded by a Christian people. The principle that only the Creator can preserve His creation says that only a Christian people can preserve its creation, the American Union.

Political Bodies – Passion

Hamilton“…invariably found, that momentary passions and immediate interests have a more active and imperious control over human conduct than general or remote considerations of policy, utility or justice?  314.dc.fed6

Spirit of the Law versus Textual

Rutherford says that Saul in making the law “Cursed be the man that taste any food till night, that the king may be avenged on his enemies” the law, according to the letter, was bloody; but according to the intent of the lawgiver and substance of the law, profitable, for the end was that the enemies should be pursued with all speed. But King Saul’s exponing the law after a tyrannical way, against the intent of the law, which is a diamond and pearl of all law.” 137

Note: Jonathan in pursuit of the enemy tasted honey. King Saul considered it a violation and condemned Jonathan, however, the people saved Jonathan’s from Saul judgment by declaring Jonathan innocent according to the spirit of the law. 1. Two other comments could also be made. First, the law was proclaimed, a requirement to bring men under law, but Jonathan did not hear of law. 2.The people of Israel overruled King Saul’s judgment, demonstrating the people as the highest law in the land.  

Separation of Powers

Psalms 2:10 “Now therefore, O kings, show discernment; Take warning, O judges of the earth.”

Note: In Psalms we see a separation of powers between the judicial and executive branches. This is republican principle.

Co-ordinate System  – Federal System

Chief Justice John Marshal “In America, the powers of sovereignty are divided between the Government of the Union and those of the States. They are each sovereign with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other.” McC

Chief Justice John Marshal “We are relieved, as we ought to be, from clashing sovereignty; from interfering powers; from a repugnancy between a right in one Government to pull down what there is an acknowledged right in another to build up; from the incompatibility of a right in one Government to destroy what there is a right in another to preserve.” McC

Delegation of Public Authority

Principle One

Federal Farmer 1787 “It is said, that when the people make a constitution, and delegate powers, that all power not delegated by them to those who govern, is reserved in the people; and that the people, in the present case, have reserved in themselves, and in there state governments, every right and power not expressly given by the federal constitution to those who shall administer the national government.” 227 

Principle two

Federal Farmer “It is said, on the other hand, the people, when they make a constitution, yield all power not expressly reserved to themselves.” 227

Principle three

Federal Farmer “But the general presumption being, that men who govern, will, in doubtful cases, construe laws and constitutions most favorably for increasing their own powers; all wise and prudent people, in forming constitutions, have drawn the line, and carefully described the powers parted with and the powers reserved. 227

Note: Constitutional theorist say the a federal constitution is based on principle one – specific enumerated powers, while the state constitution is based on principle two – all powers are granted except were specifically limited. My recommendation is principle three, recognizing the safest constitution is the one where all powers are specifically delegated and in detail by the people in their state and federal constitution. Additionally, in America’s Christian constitutions, God as Sovereign delegates the right of natural resources to man but maintains control over criminal justice according to His law. 

Right of Access

God of Israel “An Ammonite or a Moabite shall not enter into Yahweh’s assembly; even to the tenth generation shall no one belonging to them enter into Yahweh’s assembly forever.” Dt.23:3

Cicero “As for the foreigner or the resident alien, it is his duty to attend strictly to his own concerns, not to pry into other people’s business, and under no condition to meddle in the politics of a country not his own. de.off125

Note: There is difference between civil rights and political rights. Civil rights or the natural rights of man stem from the laws of nature and nature God, and therefore no man can be denied the requirements and necessities of life and the protection of the laws. However, political rights is of a different order. These rights belong only to members of society who have agreed to uphold the mutual compact that creates society, and these rights are suffrage, access to public office, and other political privileges. 

Sovereignty

Sidney “From hence, says Grotius, the rights of kings to send ambassadors, make leagues, &c, do arise: the confederacies make by them do not terminate with their lives, because they are not for themselves; they speak not in their own persons, but as representing their people…”496

Moderation

John of Salisbury “…care be taken by princes to be moderate…one time by the vigor of justice, at another by the forgiveness of mercy – so the subjects are made to be of a single mind as in a household and the works of peace and charity create one perfect and great harmony out of pursuits which appear discordant.”  51

Territory

Montesquieu “…to a republic to have only a small territory, otherwise it cannot long subsist; in a large one, there are men of large fortunes, and consequently of less moderation…an ambitious person soon becomes sensible that he may be happy, great, and glorious by oppressing his fellow citizens…In large republics, the public good is sacrificed to a thousand views; in a small one the interest of the public is easily perceived, better understood, and more within the reach of every citizen…” dc.cato215

Note: Thomas Jefferson envisioned American territory divided up in hundred jurisdictions thereby creating little republics. This may answer Montesquieu concerns against republics with large territory.

Meritocracy

Rutherford “As a community, finding such and such qualifications as the law requireth to be in a king, in this man, not in that man, – therefore upon law-ground and just demerit, they may unmake him again; for what men voluntary do upon condition, the condition being removed, they may undo again.”126

Note: In age of hereditary monarchs and kings, the God of Israel sets an example of qualified public service by removing Moses and Saul who failed in fulfilling specific instructions – showing that negligence to the public will causes removal of public office.

Civil Rights v Political Rights

God of Israel “ You shall not deprive the foreigner or the fatherless of justice, nor take a widow’s clothing in pledge;  but you shall remember that you were a slave in Egypt, and Yahweh your God redeemed you there.” Dt.24:17-18

God of Israel “An Ammonite or a Moabite shall not enter into Yahweh’s assembly; even to the tenth generation shall no one belonging to them enter into Yahweh’s assembly forever…” Dt.23:3

Locke “Nay, if we may openly speak the truth, and as becomes one man to another, neither pagan nor Mahometan, nor Jew, ought to be excluded from the civil rights of the commonwealth, because of his religion.”  249

Note: If civil rights are based on natural rights such as self preservation then civil rights cannot be denied to anyone. However, just as God required justice be given to the alien or foreigner, he also required obedience to His statutes by all. However, political rights are of a different nature. Political rights are based on a social compact where such political privileges are granted to members who agree to uphold its principles.

Character

Jesus “For I tell you that unless your righteousness exceeds that of the scribes and Pharisees, there is no way you will enter into the Kingdom of Heaven.”  Matt.5:20

Cicero “But to us Nature has assigned the roles of steadfastness, temperance, self-control, and considerateness of others; Nature also teaches us not to be careless in our behaviour towards our fellow-men. Hence we may clearly see how wide is the application not only of that propriety which is essential to moral rectitude in general, but also of the special propriety which is displayed in each particular subdivision of virtue. For, as physical beauty with harmonious symmetry of the limbs engages the attention and delights the eye, for the very reason that all the parts combine in harmony and grace, so this propriety, which shines out in our conduct, engages the approbation of our fellow-men by the order, consistency, and self-control it imposes upon every word and deed.” de.off98

Promises

Vattel “…the faith of promises is our security for things that cannot be delivered or executed upon the spot. There would no longer be any security, no longer any commerce between mankind, if they did not think themselves obliged to keep faith with each other, and to perform their promises.” 342

Justice is Part of the Law

Jesus “But woe to you Pharisees! For you tithe mint and rue and every herb, but you bypass justice and God’s love. You ought to have done these, and not to have left the other undone.” Luke 11:42

Cicero “But occasions often arise, when those duties which seem most becoming to the just man and to the “good man,” as we call him, undergo a change and take on a contrary aspect. It may, for example, not be a duty to restore a trust or to fulfill a promise, and it may become right and proper sometimes to evade and not to observe what truth and honor would usually demand. For we may well be guided by those fundamental principles of justice which I laid down at the outset: first, that no harm be done to anyone; second, that the common interests be conserved. When these are modified under changed circumstances, moral duty also undergoes a change.” deoff.31

Note: In England there was the common law courts and there were the courts of equity. The common law courts held to the strict letter of the contract while the court of equity sought the intent and justice of the contract. For example, what if A agreed to hold the sword belonging to B until B returned, but then B returned drunk and angry swearing to kill the bartender?  Should A return the sword to B? In the common law court according to the deed or contract would prevail and the sword would have to be returned, but in the court of equity the circumstances although not to the letter of the contract would required A to keep the sword to prevent a potential crime. The common law court would adjudicated to the letter of the law “you tithe mint…” but the court of equity would adjudicate according to a good conscience and not “bypass justice and God’s love.”

Self Sacrifice

Jesus “This is my commandment, that you love one another, even as I have loved you. Greater love has no one than this, that someone lay down his life for his friends.” John 15:12-13

Rutherford “It is false that the king, in a public danger, is to care for himself as a man, with the ruin and loss of any; yea, in a public calamity, a good king, as David, is to desire he may die that the public may be saved.” lex.1124

Meek

Jesus “Blessed are the gentle, for they shall inherit the earth.” Matt.5:5

Seneca says if the placable and equable deities do not instantly blast the derelictions of the might with their thunderbolts, how much more equable it is for a human given charge over humans to exercise his authority in a mild spirit.  145

Glory

Sidney “God did not set up Moses or Joshua, that they might glory in having six hundred thousand men under their command, but that they might lead the people into the land they were to possess: that is, they were not for themselves but for the people; and the glory they acquir’d was by rightly performing the end of their institution.”  470

Party Spirit

George Washington “The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.” Farewell Address

Pelatiah  Webster 1787 “The Carthagenians acquired an amazing degree of strength, wealth, and extend of dominion, under a republican form of government. Neither they nor the Romans owed their dissolation  to any causes arising from that kind of government; ’twas the party rage, animosity, and violence of their citizens, which destroyed them both; it weakened them, ’till the one fell under the power of their enemy, and was thereby reduced to ruin; the other changed their form of government, to a monarchy, which proved in the end, equally fatal to them.”  187

Note: We find an extensive effort in the Christian letters of the New Testament to eliminate party faction with it destructive animosities through a spirit of unity and brotherhood. These letters are necessary in a commonwealth of nations that seek to live and work together; and this is done by submission of the party spirit to the spirit of Christ.

Jesus “Can the blind guide the blind? Won’t they both fall into a pit?” Luke 6:39

Socrates says that there is no difference between the blind and those who are deprived of the true knowledge of things, those who have no pattern in their souls and therefore cannot look to models or fix their eyes on the truth, and without a reference to an ideal or to the contemplation of it can they establish in the world laws for the beautiful, the just and the good when needful or guard and preserve the laws already established. 721

Note: As Christian our legal model is the law of Moses and the law of grace (policy of forgiveness) and as example of magistracy we have the sacrifices of Jesus and the Apostles.

God of Israel “Be holy.”

When the wicked are allowed to increase and prosper, they overwhelm the institutions of society thereby turning sections of society into havens of despotism and corruption. How do we restore lost America? By returning the people back to righteousness while removing the criminal element of society through just laws like those revealed to Moses. This is the way to life and liberty. The rise of wickedness means the losing of every sacred right by the over-crowding influence of the wicked. Let us honor God’s law, restore holiness, so that we may fill up our institutions, public and private, with the righteous thereby securing institutional stability for the sake of life, liberty, and pursuit of happiness. Article VIII to the US Constitution makes God’s law American law.

Love thy Enemy

Jesus  “You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I tell you, love your enemies, bless those who curse you, do good to those who hate you, and pray for those who mistreat you and persecute you.” Matt. 5:43-44

Grotius “Sometimes indeed men are so circumstanced, that to relinquish a right becomes not only a laudable act, but a debt of respect to that law, which commands us to love our enemies;  a law to be respected and obeyed not only for its intrinsic value, but as being a precept the gospel.”  220

Note: Example…according to Livy, Rome had encircled a city of an enemy. The city was dug in and unwilling to surrender, however, a teacher in the city betrayed the town when he led his students out of the city and into the encampment of their enemy in order to surrender the children as hostages to Rome. The moral sensibilities of the Roman leader was highly offended at such a betrayal and striped the teacher naked and allowed the children to return to the city while whipping the teacher. This act so impressed the inhabitants of the city that they sued for peace acquiescing to Rome authority.  An example of “love your
enemy.”

Oaths

God of Israel “When you vow a vow to Yahweh your God, you shall not be slack to pay it; for Yahweh your God will surely require it of you; and it would be sin in you. But if you refrain from making a vow, it shall be no sin in you. You shall observe and do that which has gone out of your lips. Whatever you have vowed to Yahweh your God as a freewill offering, which you have promised with your mouth, you must do.” Dt. 23:21-23

Jesus  “Again you have heard that it was said to them of old time, ‘You shall not make false vows, but shall perform to the Lord your vows,’ but I tell you, don’t swear at all: neither by heaven, for it is the throne of God; nor by the earth, for it is the footstool of his feet; nor by Jerusalem, for it is the city of the great King. Neither shall you swear by your head, for you can’t make one hair white or black. But let your ‘Yes’ be ‘Yes’ and your ‘No’ be ‘No.’ Whatever is more than these is of the evil one. ” Matt:5:33-37

Note: Jesus seems to be contradicting the law of God according to Moses allowing oaths in the name of the Lord, but this is appearance only, for we may perceive that Jesus was warning against exalting frivolous oaths by binding them in the name of the Lord or any other sacred or holy instrument and thus causing these minor promises to be heard and judged in Heaven as sacred oaths. Jesus says such promises is from the evil one, that is, it is from the spirit of folly to convert simple promises into sacred vows. This danger and folly is highlighted with the death of Annanias and Sapphira who failed in fulfilling a pledge to God. This is a warning to those US Presidents who take the oath or affirmation upon the Bible and speak those binding words “So help me God.”

Promises

Vattel  It is a settle point in natural law, that he who has made a promise to any one, had conferred upon him a real right to require the thing promised. – and consequently, that the breach of the a perfect promise is a violation of another person’s right, and as evidently an act of injustice, as it would be to rob a man of his property. 342

Debating Law of Nations Secular versus Law of Nation Christian

Paul  “Don’t be unequally yoked with unbelievers, for what fellowship have righteousness and iniquity? Or what fellowship has light with darkness? What agreement has Christ with Belial? Or what portion has a believer with an unbeliever? What agreement has a temple of God with idols? For you are a temple of the living God. Even as God said, “I will dwell in them, and walk in them; and I will be their God, and they will be my people.” 2 Corinthians 6:14-16

Psalms 1:1 Blessed is the man who doesn’t walk in the counsel of the wicked, nor stand on the path of sinners, nor sit in the seat of scoffers.”

Vattel “The law of nature alone regulates the treaties of nations:the difference of religion is a thing absolutely foreign to them.”   342

Note: Vattel makes an interesting argument that treaties are not subject to any religious doctrine. An example of this may be that if all nations have the right to self preservation and all nations by the law of nature are required to support the self preservation of all nations above any religion then treaties based on commerce of necessities ought to be allowed if not a sacred obligation. The writer of Psalms 1 and the Apostle Paul seem to indicate that there are restrictions on such treaties. According to Psalms I:1 of a nation demonstrates wickedness then having council with them is forbidden and Paul says the believer in Christ cannot be yoked, and treaty is a yoke, with those unbelievers. However, Paul does lay out a plan for Christian evangelism with he says that a believer may eat the forbidden food of the pagans in order to further the work of Christ. Relying on Paul then Vattel is  incorrect in his assessment.

Word and Law

Isaiah 2:2 “For out of Zion the law shall go out, and Yahweh’s word from Jerusalem.”

Holt writes in “Magna Carta” that primitive elements to a national recognizable constitution was a long, tortuous and bloody process in which the ‘Charters of Liberties’ was but the one and early step.”

Note: The law from Zion is the law of Moses, and Yahweh’s word is His constitution. This constitution is by Providence revealing itself, not freely, but by trial, persecution, war and blood.

Jurisdiction

Pelatiah Webster 1787 “Further, were the powers of government are not definite ut disputed, the administration dare not make decisions on the footing of impartial justice and right.” dc.177

Note: The American Republic is based on a co-ordinate federalism with specific enumerated powers granted to the federal government while all other powers are reserved to the States or the people of the State. The people through their state constitutions are supreme in their jurisdiction which historically included health and safety. Today, the metes and bounds of state and federal jurisdiction has been obscured by good intentions, usurpation and confusion. Since the constitution, state and federal, are the express will of the American people, the people themselves need to be consistently and constantly involved in defining their will. The throne of the American people is the Sabbath. This is a weekly public assembly by the American people for the work of public business. It is election day. It is citizenship training day. It is a day to ensure and enforce the will of the American people upon their public institutions.

Living Sacrifices

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.”

Thomas Jefferson “Nature intended me for the tranquil pursuits of science, by rendering them my supreme delight. But the enormities of the times in which I have lived, have forced me to take a part in resisting them, and to commit myself on the boisterous ocean of political passions.”

Bad Government

Pelatiah Webster 1787  “These (federal) powers are vast, I know, and the trust is of the most weighty kind that can be committed to human direction; and the execution and administration of it will require the greatest wisdom, knowledge, firmness, and integrity in that august body; and I hope they will have all the abilities and virtues necessary to their important station, and will perform their duty well; but if they fail, the fault is in them, not in the constitution.  The best constitution possible, even a divine one, badly administered, will make a bad government.” 180

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