Let me begin our discourse by looking to those much more qualified than me. "All [laws], however, may be arranged in two different classes. (1) Divine. (2) Human. . . . But it should always be remembered that this law, natural or revealed, made for men or for nations, flows from the same Divine source: it is the law of God. . . . Human law must rest its authority ultimately upon the authority of that law which is Divine." - James Wilson (1742-1798), signer of the Declaration and the Constitution, U.S. Supreme Court Justice (1789-1798, appointed by Washington); professor of law at Philadelphia College (1790 ff), published with Thomas McKean “Commentaries on the Constitution of the United States (1792):
Alexander Hamilton, quoting Blackstone speaks with the same understanding saying: “[T]he law of nature, ‘which, being coeval with mankind and dictated by God himself, is, of course, superior in obligation to any other. It is binding over all the globe, in all countries, and at all times. No human laws are of any validity, if contrary to this.” - Alexander Hamilton. The Papers of Alexander Hamilton, Harold Syrett, editor (NY: Columbia University Press, 1961), Vol. I, p. 87, from “The Farmer Refuted,” February 23, 1775.
Dreisbach, Quoting Chief Justice John Marshall: "The American population is entirely Christian, & with us, Christianity & Religion are identified. It would be strange, indeed, if with such a people, our institutions did not presuppose Christianity, & did not often refer to it, & exhibit relations with it." - Daniel L. Dreisbach, Religion and Politics in the Early Republic, Lexington, KY: The University Press of Kentucky, 1996, p. 113.
As you can see, what has become difficult to understand today was (a given) at the foundation of our nation. Our problem arises from a huge paradigm shift in the American culture and its religious views. I think Dreisbach is correct while quoting Marshall, it would indeed be a strange thing for a vastly populated religious people not to reflect the precepts of that religion into their laws. However, to render due credit to Sarg, there is no list of constitutional rights found in the Bible. The Bible is a book for the soul, its purpose is to present to us the Gospel, not to build nations and form governments. From beginning to end it details the fall of man's nature and the various courses the human race has taken over redemptive history. It is from those volumes, however, certain principles of human government have been drawn. It is the Gospel's understanding of these volumes which has influenced and developed the American system. Christians are instructed through the Scriptures in the manner he or she is to live their lives and conduct themselves in society. These instructions are binding upon the Christian regardless of that society's law structure. That being said, referring back to the Quote by Dreisbach, it would be a natural tendency for a vastly Christian culture like that of the founding of the United States, to reflect in its laws certain principles that uphold those Christian values.
1. “Establish justice.” The Bible says in 1 Peter 2:14 that civil rulers exist “for the punishment of evildoers and the praise of those who do right.” In Genesis 9:6, God told Noah that “Whoever sheds man’s blood, by man his blood shall be shed.” This is a principle of justice. Paul states that one purpose of civil leaders (Romans 13:4), is for government to administer justice.
2. “Insure domestic tranquility.” In 1 Timothy 2:1-2, Paul urges Christians to pray for civil rulers “in order that we may lead a tranquil and quiet life in all godliness and dignity.” As a result, any Constitution of government formed by a majority of Christians would reflect laws supporting what that would look like through the Christian mind.
3. “Provide for the common defense.” Protecting innocent human life is a primary purpose of government (Romans 13:1-5 and 1 Peter 2:13-14). To fulfill this purpose, governments establish police forces to protect citizens from domestic threats and organize armies for international threats. In Romans 13:4, it is affirmed that civil government “does not bear the sword in vain.” The “sword” in Scripture is equivalent to any military weapon used today.
4. “Promote the general welfare.” Romans 13:4 says civil rulers are servants “to you for good.” The common good of all classes of citizens must be promoted by the government's passage of laws guaranteeing equal opportunity. A Biblical free-enterprise system will promote compassionate use of wealth while socialism or communism is contrary to Biblical definitions of civil government.
5. “Secure the blessings of liberty.” The most basic of these Creator-endowed blessings were defined in the Fifth Amendment of the Constitution which mentions, “life, liberty” and “private property.” Such principles are found in “You shall not murder.” (Exodus 20:13)–right to life, and “He who kidnaps a man…shall surely be put to death.” (Exodus 21:16)–right to liberty, as well as “You shall not steal” (Exodus 20:15)–right to property. Scripture defines God as the source of life in Genesis 1:27, “And God created man in His own image.” He is the Author of liberty as well–2 Corinthians 3:17 says, “Where the Spirit of the Lord is, there is liberty;” Scripture also defines God as the source of private property and “the pursuit of happiness” as expressed in the Declaration of Independence. Ecclesiastes 5:19 states, “For every man to whom God has given riches and wealth, He has also empowered him to eat from them…and rejoice in his labor; this is the gift of God.”
I think the basic concept of the American system and its freedoms can be embodied in the following statement: "All societies of men must be governed in some way or other. The less they may have of stringent State Government, the more they must have of individual self-government. The less they rely on public law or physical force, the more they must rely on private moral restraint. Men, in a word, must necessarily be controlled either by a power within them or by a power without them; either by the Word of God or by the strong arm of man; either by the Bible or the bayonet." - Robert C. Winthrop, “Address to Massachusetts Bible Society Meeting, May 28, 1849,” Addresses and Speeches on Various Occasions, Boston: Little, Brown & Co., 1852, p. 172.
Within that statement rest the two forms of government, one is an outward force exerted upon a people by the governments of men, the other an inward power of the conscience being driven by the Christian faith. Early Americans were free because their laws reflected the desire of their consciences as it was acted upon by the Gospel. That religious influence has since faded and those concepts of law are no longer accepted. Human freedom must now exceed the bounds of the then-accepted governmental rule of society. The American conscience is no longer quickened by the Gospel, it is much freer to indulge in its fallen nature. An example of that is found in the fact Sodomy was once deemed a crime and punishable by law because it was an offense upon the conscience. That offense is no longer binding upon the consciences of a large portion of the American population. Therefore, the law once consider right for a free nation is now considered wrong and an infringement upon that freedom.
I have given a general view of why some cite the Bible as the Basis of our American system and why many today reject that once-accepted view. However, Sarg presented several direct examples he posed as questions. I would like to address those statements specifically.
1. Where does it say we have the right to bear arms in the Bible?
I briefly mentioned previously in addressing the Constitutional provision for the common defense and the use of military and other forms of law enforcement supported by Romans 13:1-5 and 1 Peter 2:13-14. Our personal right to bear arms is found in various principles applied to the Christian life. It would be the natural response for Christian people to implement such thought into their society. 1 Timothy 5:8 states ESV "But if anyone does not provide for his relatives, and especially for members of his household, he has denied the faith and is worse than an unbeliever." The provision here is considered anything concerning their well-being including their protection. The instruction to provide for one's household automatically assumes the means of doing it. Peter himself responded in such a manner in John 18:10-11 ESV (10) Then Simon Peter, having a sword, drew it and struck the high priest's servant and cut off his right ear. (The servant's name was Malchus.) (11) So Jesus said to Peter, “Put your sword into its sheath; shall I not drink the cup that the Father has given me?” Notice, Peter was using it for the defense of Jesus as well as himself. Jesus does not rebuke him for the principle but simply tells him to put it in its sheath. The Christian can and many times does forgo this right of self-preservation. Missionary Nate Saint as well as others in his party, when approaching a hostile tribe, while owning a gun, refused to use it when being speared. He had previously stated his reasoning, I am prepared for heaven, they are not.
We must understand, the affirmation that our Constitutional laws rest upon a Biblical foundation does not come from a list of laws, but from the principles of a Christian life that are embodied in them. Although our Constitution would be revered by many none Christians and even other religions as just and right, the document itself contains all that is naturally expected from a Christian society. It is simply as Hamilton stated when quoting Blackstone, nothing contrary to Scripture could find its way into the Constitution without serious debate.
2. Where in the Bible does it give us the right to free speech? Doesn't the Bible restrict speech by women in the church?
Freedom of speech is a principle drawn from Scripture that one must be free to speak the truth concerning what he has seen and heard. In Acts 4:17-20 we see an example of this demonstrated by the Apostles, ESV (17) But in order that it may spread no further among the people, let us warn them to speak no more to anyone in this name. (18) So they called them and charged them not to speak or teach at all in the name of Jesus. (19) But Peter and John answered them, “Whether it is right in the sight of God to listen to you rather than to God, you must judge, (20) for we cannot but speak of what we have seen and heard." It would be the natural response for a Christian society to implement Constitutions of law that would support and protect that concept. The second part of the question concerning women is outside the scope of civil law and deals with the order of Christian worship, not civil restriction. The instructions given in the Bible are found in 1 Timothy 2:11-12 ESV(11) Let a woman learn quietly with all submissiveness. (12) I do not permit a woman to teach or to exercise authority over a man; rather, she is to remain quiet. Also, 1 Corinthians 14:34-35 ESV (34) the women should keep silent in the churches. For they are not permitted to speak, but should be in submission, as the Law also says. (35) If there is anything they desire to learn, let them ask their husbands at home. For it is shameful for a woman to speak in church. These instructions are not relevant here concerning our discussion of Constitutional rights as applied in our civil society. They are not restrictive upon women in general within civil rights of equality and law. They only apply to roles assigned in Christian worship which falls under another discussion altogether.
3. Where in the Bible does it give us the right to freedom of religion? I'm pretty sure the Bible doesn't approve of other religions.
Freedom of religion is certainly a Christian concept, as we find in John 6:66-68 ESV After this many of his disciples turned back and no longer walked with him. So Jesus said to the twelve, “Do you want to go away as well?” Simon Peter answered him, “Lord, to whom shall we go? You have the words of eternal life. The Gospel has always been to those that believe, nowhere in Scripture is anyone compelled to believe by law or compulsion. To be a Christian you must believe and desire to walk in the way. There have been times when the church has become mixed with political power and abused the Gospel greatly. It was such events prior to the formation of the American government that prompted the First Amendment to the United States Constitution. The Christian population wanted to be protected from Government coercion in their forms of Worship. It did not mean the government of the United States could not possess religious sentiment, it simply could not dictate forms of worship.
4. How about our constitutional right to a speedy trial or protection from cruel and unusual punishment. It seems to me a man was put to death because he collected sticks on a Sunday. That's probably cruel and unusual punishment not questioned by Christians.
A speedy trial and protection from cruel and unusual punishment is certainly a Biblical concept. Ecclesiastes 8:11 ESV (11) Because the sentence against an evil deed is not executed speedily, the heart of the children of man is fully set to do evil. Also in Ecclesiastes 4:1 ESV we find, (1) Again I saw all the oppressions that are done under the sun. And behold, the tears of the oppressed, and they had no one to comfort them! On the side of their oppressors there was power, and there was no one to comfort them.
Considering the history of martyrdom within the Christian Church, and the suffering recorded in the book of Acts from its beginning, it is no surprise a Christian people would institute constitutions of government to protect themselves from such abuse of power and a speedy desire for justice. The Apostle Paul himself wrote most of the New Testament while sitting in jail awaiting trial. Acts 24:27 ESV (27) When two years had elapsed, Felix was succeeded by Porcius Festus. And desiring to do the Jews a favor, Felix left Paul in prison.
This is a marvelous passage of Scripture when understood correctly. Certainly, no Christian would advocate stoning someone to death for picking up sticks. The Scripture must be read in its correct context to understand its purpose and application today. It is important to realize this was done under the civil laws instituted through the religious economy of the Nation of Isreal's Theocracy. They were civil laws that applied to that society a few thousand years ago and that people only. Concerning such events as the one related above we read in 1 Corinthians 10:6 ESV (6) Now these things took place as examples for us, that we might not desire evil as they did. and 1 Corinthians 10:11 ESV (11) Now these things happened to them as an example, but they were written down for our instruction, on whom the end of the ages has come.
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