Thursday, April 6, 2023

"The Bible, Christianity, and our Constitutional rights"

 

A little while back a friend of mine presented me with some observations of his concerning the Bible, Christianity, and our Constitutional rights. For this post, we will refer to him as Sarg, as I have noticed that has been affectionally given as a nickname. He began with this statement: "David: Conservatives often say we get our rights from God. I can't find our constitutional rights in the Bible."

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.

For example, the ideas in the U.S. Constitution reflect such Christian principles. The Preamble to the Constitution gives five basic Biblical functions of government. These five purposes of civil government are:

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. 

As concerning the sticks, the Scripture reference is Numbers 15:32-36 ESV (32)  While the people of Israel were in the wilderness, they found a man gathering sticks on the Sabbath day. (33)  And those who found him gathering sticks brought him to Moses and Aaron and to all the congregation. (34)  They put him in custody, because it had not been made clear what should be done to him. (35)  And the LORD said to Moses, “The man shall be put to death; all the congregation shall stone him with stones outside the camp.” (36)  And all the congregation brought him outside the camp and stoned him to death with stones, as the LORD commanded Moses.

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. 

It is such passages that so impassioned Paul the Apostle concerning the Gospel message. His status in the Jewish religion as a Pharisee would have made him very familiar with passages such as this. He understood the demands of the law that governed the Jewish community and the strictness of that economy. The freedom he found in the Gospel he finds almost inexpressible as he writes such letters as the Book of Romans. The judgment of death for picking up sticks on the Sabbath under the Jewish economy serves as an example of the blinding perfection required by an infinitely Holy Being. The Sabbath day rightly bore a divine honor owed to it. Even we place honor upon certain days that are marked with human events. Countries honor certain days for national achievements. Here is a day whereby has been placed honor by an infinite Being, for a finite creature to cast that honor aside as nothing and pick up sticks would be of the highest treason. This event is written down so that we might know the slightest breach of right conduct or righteousness toward an infinite Being carried unimaginable consequences. 

We make judgments of right and wrong based on our human nature; God is not like us, for all His attributes are infinitely immutable. His justice is unwavering, and the demands of justice are exact and perfect. Our minds simply cannot comprehend the chasm between a finite and an infinite Being. The Gospel as Paul proclaimed it, freed man from the demands of the law and opened for him a way to meet the demands of God's justice. In Paul's letter to the Romans, we find we all have made much greater offenses against God than picking up sticks, thus the demonstration of infinite love meeting the demands of infinite justice on our behalf! The wonder of the Gospel! 

5. How about our constitutional rights against discrimination based on race, sex, age, or political affiliation. The Bible clearly states the Man is the head of the household and the woman must submit to her husband. 

Laws of protection against discrimination based on race, sex, age, or politics most certainly are a Biblical concept. Galatians 3:28 ESV
(28)  There is neither Jew nor Greek, there is neither slave nor free, there is no male and female, for you are all one in Christ Jesus.

The Scripture Sarg is probably referring to concerning marriage is found in Ephesians 5:22-33 ESV
(22)  Wives, submit to your own husbands, as to the Lord.
(23)  For the husband is the head of the wife even as Christ is the head of the church, his body, and is himself its Savior.
(24)  Now as the church submits to Christ, so also wives should submit in everything to their husbands.
(25)  Husbands, love your wives, as Christ loved the church and gave himself up for her,
(26)  that he might sanctify her, having cleansed her by the washing of water with the word,
(27)  so that he might present the church to himself in splendor, without spot or wrinkle or any such thing, that she might be holy and without blemish.
(28)  In the same way husbands should love their wives as their own bodies. He who loves his wife loves himself.
(29)  For no one ever hated his own flesh, but nourishes and cherishes it, just as Christ does the church,
(30)  because we are members of his body.
(31)  “Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh.”
(32)  This mystery is profound, and I am saying that it refers to Christ and the church.
(33)  However, let each one of you love his wife as himself, and let the wife see that she respects her husband.

Marriage is an institution established by God for the union between a man and a woman. There is no infringement or discrimination between the two as a result of the institution. It is an agreement between the man and woman concerning mutual desires and particular roles of responsibility that each commits to fulfill to and for the other. In the Biblical description of marriage above you find a wonderful relationship where mutual love and care are expressed and enjoyed. The idea of discrimination is nowhere to be found. To put a play upon the word "submit" to imply something other than the role it is to play in the marriage agreement is to completely misrepresent the institution.

6. The Bible does not condemn slavery. In fact, the Bible gives guidance on how to treat slaves.

Here Sarg is both right and wrong, the Bible most certainly does condemn slavery. In 1 Timothy 1 verse 10 ESV slavery is condemned among a list of other vises (10)  the sexually immoral, men who practice homosexuality, enslavers, [ἀνδραποδιστής, an enslaver]  liars, perjurers, and whatever else is contrary to sound doctrine,
(11)  in accordance with the gospel of the glory of the blessed God with which I have been entrusted.

However, the Bible also addresses how one is to treat their slaves. This is necessary because of the sinfulness of man. It is similar to the discussion of divorce in the Bible. Matthew 19:7-8 ESV
(7)  They said to him, “Why then did Moses command one to give a certificate of divorce and to send her away?”
(8)  He said to them, “Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so.

Slavery has been a human failure from antiquity and continues until this day. There are various forms of slavery and servanthood spoken of in the Bible. It is helpful to understand the differences and cultural norms when trying to define what the Bible is speaking of when it is giving such instructions concerning such human behavior. But it is clear the Bible condemns the enslavement of one man to another in the sense we think of it today. 

7. The Bible doesn't give women the right to vote. 

To make such a statement as the one above and suggest somehow because women have a Constitutional right to vote today the Bible could not possibly have had any influence upon the Constitutional right to do so is grasping for the wind. I would refer you back to the answer given to question 5 and Galatians 3:28. The right to vote depends not upon the Bible but on the form of government you might be living in at any given time. Christians throughout history have lived under all types of oppressive governments and kingdoms. We read in 1st Corinthians 7:20-21 ESV
(20)  Each one should remain in the condition in which he was called.
(21)  Were you a bondservant when called? Do not be concerned about it. (But if you can gain your freedom, avail yourself of the opportunity.) As already stated, the Bible is a book for the soul, however, principles of government have been wisely drawn from its precepts. One such precept would be, if you become a Christian and do not have the right to vote, don't let that deter you from your Christian walk, but if you can gain that right, avail yourself of that opportunity.

8. The Bible doesn't provide the rights for states in relationship to federalism.  

Federalism is most certainly a Biblical principle, in 1775 Samuel Langdon commented, "The Jewish government … was a perfect republic. … Let us therefore look over [the Israelites’s] constitution and laws. … They had both a civil and military establishment under divine direction, and a complete body of judicial laws drawn up and delivered to them by Moses in God’s name. … Instead of the twelve tribes of Israel, we may substitute the thirteen states of the American union…" - Samuel Langdon. (GOVERNMENT CORRUPTED BY VICE)

The principle of republican forms of government can be found in Exodus 18:25-26 ESV
(25)  Moses chose able men out of all Israel and made them heads over the people, chiefs of thousands, of hundreds, of fifties, and of tens.
(26)  And they judged the people at all times. Any hard case they brought to Moses, but any small matter they decided themselves. It is understood this is the beginning of Isreal's Theocracy, however, the principle has been adapted to other republican forms of government. Would one be surprised if a Christian people such as the beginnings of the United States did so?

9.  The Bible doesn't protect us from illegal search and seizure.  

In what context are we to understand Sarg's meaning by this statement? Does he mean to say because the Bible does not protect us from illegal search and seizure, it could not, therefore, be considered an influence upon any civil law that might do so? If you cannot draw support from Exodus 20:15 ESV
(15)  “You shall not steal" and Exodus 21:16 ESV
(16)  “Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death." I really don't know how in the world a Christian people could possibly come up with the idea that protection from illegal search and seizure is not a Biblical principle. (Sorry, sarcasm) All of these assertions we have addressed demonstrate the foolishness of the argument. There is no honest debate concerning the Christian influence that existed during the forming of the United States. Our Constitutional form of Government was drawn from the minds of religious men to govern a religious people. The natural outcome of that would be governmental documents conducive to the expected behavioral and cultural norms of that people. It is not derived from a coup or regime takeover and the institution of some kind of Biblical law. It is derived from a way of life lived by a religious people.

May God bless each of you,

David 

Blog Archive