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CONSTITUTIONAL
DEFECTS
Social Compact vs.
Covenant with God
Given
its apparent fidelity
to biblical doctrine embodied in such governmental
doctrines as the separation of powers, Republicanism
and federalism, what possible fault can we
find with the United States Constitution?
Was it not birthed at a period in our history
when Christian influence was much stronger
than it is today? Has it not presided over
one of the longest and most prosperous eras
of human freedom in the history of the world?
In spite of its many admirable
qualities, the Constitution represents a sharp
break from the Puritan concept that government
must rule by Divine authority. It introduced
the radical notion of religious neutrality
to civil government. With the exception of
one oblique reference to Deity ("Year
of Our Lord, 1787")
the Constitution leaves God out of the picture
entirely.
Thus, the U.S. Constitution
represents an attempt by autonomous man to
enjoy the blessings of God, apart from God
himself. There is no higher court of appeal
beyond the Constitution itself, or its official
interpreters in the Supreme Court. This in
spite of the fact that many of the founders
were to one degree or another "Christian"
in outlook, if not in fact.
COVENANTAL
FORERUNNERS
Earlier documents such as
the Mayflower Compact and a number of the
colonial Constitutions were forthright covenants
with the Triune God. For example, the Mayflower
Compact, signed by the Pilgrims in the Mayflower
off Cape Cod, begins with the words:
In ye name of God, Amen.
We whose names are underwritten, the loyall
subjects of our dred soveraigne Lord,
King James, by ye grace of God, of Great
Britaine, Franc, and Ireland king, defender
of ye faith, &c., haveing undertaken,
for ye glorie of God, and advancemente
of ye Christian faith...doe by these presents
solemnly & mutualy in ye presence
of God, and one of another, covenant &
combine our selves togeather into a civill
body politick, for our better ordering
& preservation & furtherance of
ye ends aforesaid....
God is clearly acknowledged
as party to the covenant and His glory is
upheld as the primary interest to be
protected. Noted Constitutional historian,
E.S. Corwin comments on the Mayflower Compact
that "Whereas
with Locke the ultimate basis of authority
is supplied by natural law, here it is supplied
by God."
Likewise, the Preamble to the Fundamental
Orders of Connecticut contains these words:
...where a people are
gathered together the word of God requires
that to maintain the peace and union of
such people there should be an orderly
and decent government established according
to God, to order and dispose of the affairs
of the people...enter into combination
and confederation together, to maintain
and preserve the liberty and purity of
the gospel of our Lord Jesus which we
do profess....
Notice that the authority
is the Word of God and maintenance of the
purity and peace of the gospel is the main
concern. In like manner, the Magna Carta,
the great charter of English liberty, opens
with these words:
Know ye, that we, in
the presence of God, and for the salvation
of our souls, and the souls of all our
ancestors and heirs, and unto the honor
of God and the advancement of Holy Church,
and amendment of our Realm...have, in
the first place, granted to
God, and by this our present
Charter confirmed, for us and our heirs for
ever.
God is here acknowledged
as the supreme Partner in the civil covenant.
The Magna Carta was also a good example of
the biblical doctrine of Interposition. In
1215 the English Barons led a bloodless revolt
against the tyrannical and licentious King
John. In the meadow of Runnymeade they forced
him to sign the Great Charter, defining and
limiting the power of civil government.
All of these documents recognized
the futility of attempting to erect a civil
edifice apart from God. As Benjamin Franklin
observed in his famous speech at the Constitutional
Convention, "Except
the Lord build the house they labor in vain
that build it"
(Ps 127:1). Unfortunately, his co-laborers
failed to hearken to his summons for a local
clergyman to bless the daily proceedings of
the convention. In the Franklin manuscript
the following note is added: "The Convention,
except three or four persons, thought Prayers
unnecessary."
CONSTITUTION ABANDONS
COVENANT
In contrast to its predecessors,
the U.S. Constitution is a secular document
with no substantive reference to the God of
scripture. The opening words identify the
sovereign covenanting authority: "We
the people of the United States....do
ordain and establish this Constitution"
[emphases added].
There is no reference to
God, His glory, or the authority of His revealed
Word. The people are made the focal point,
the locus of authority, and the sovereign
grantors of power. Intentional or not, this
is undiluted humanism, albeit conservative
humanism. Man is the measure.
In effect, this was an attempt
to establish a religiously neutral civil government.
This attempt was perhaps not self-conscious,
but the outcome has nonetheless been the same:
political and cultural disaster.
The American Constitution
is to civil government what a common law/Justice
of the Peace marriage is to a family. A couple
married by a Justice of the Peace have no
higher authority than the state to sanction
and bless their union. By contrast, a couple
married in a "church wedding" invoke God as
the Lord of their union and appeal to his
blessing upon it. Under the Constitution,
the American people have no higher authority
than the state to sanction and bless their
union.
The rationalizations offered
for this obvious neglect are myriad, but trivial.
The usual excuses are to the effect that the
various Protestant denominations were jealous
of each other and there was the possibility
that one or the other would be established
as the official state religion. Therefore
the convention left religious matters to be
handled by the states.
For example, John Eidsmoe
explains, "There
was general agreement that the federal government
would not establish any one of those state
churches as the new federal church thereby
creating resentment among the others, or interfere
with any of the state establishments. A religious
reference could have created divisions."
The problem is that there
is no neutrality with God. Jesus said that
"he
who is not with me is against me, and he who
does not gather with me scatters"
(Matt. 12:30). The founders were correct in
refusing to establish a particular denomination
at the federal level. However, they were not
correct in using this as a pretext to evade
the covenant responsibilities of the national
government to God. By transferring this central
issue to the states and refusing to deal with
it, the federal government was in effect revoking
the national covenant with God. That oath
had been sworn before God years earlier in
the Mayflower and renewed in many of the colonial
constitutions.
On the face of it, the Constitution
is a pure expression of the social compact.
Following in the footsteps of John Locke,
John Witherspoon described the social compact
as "an
association or compact of any number of persons,
to deliver up or abridge some part of their
natural rights, in order to have the strength
of the united body, protect the remaining,
and to bestow others."
In his Lectures on Moral Philosophy editor
Jack Scott notes that "The
central tenet of Witherspoon's
political philosophy in common with those
of other American revolutionists was the theory
of the social contract."
Madison and many other of
the founding generation were disciples of
Witherspoon, President of the College of New
Jersey (Princeton). Witherspoon looked to
"sturdy
common sense,"
rather than biblical law as his source of
authority in the civil sphere. His rationalistic
approach to Scripture as it speaks to the
civil magistrate is abundantly evident from
his Lectures on Moral Philosophy, which
were prepared for the senior class at Princeton
and considered the culminating course of the
college curriculum. They are based far more
heavily on human reason and speculation than
on biblical exegesis. Madison drank deeply
at this well.
Because they don't
understand God's covenant dealings with mankind,
most Christian writers speak approvingly of
the social contract, or gloss over it. Some
will state in passing that it is simply a
secularized version of the covenant as though
this was of no consequence. However, this
theory is in direct contrast to the biblical
covenantal model, which invokes God as the
primary Participant and involves a direct
appeal to His Law as the Standard and Source
of authority. The Constitution has none of
this. It is "We
the People",
not God ordaining "this
Constitution for ourselves and our posterity"
and there is no reference at all to His Law.
Some have excused this on
the grounds that the civil authority of God
was assumed by nearly all of the leaders of
this country in the eighteenth century. That
is the crux of the problem. We assume that
they assumed this based on a profusion of
religious language and fail to deal with the
precise nature of what they actually produced;
i.e. a Lockean social contract in all its
particulars that overtly excluded the religious
authority of God (not the church) over the
state. This may not have been self-conscious
on the part of the founders: they may not
have understood the extent to which they were
departing from the biblical, covenantal model
that was embodied in many of the colonial
constitutions.
However, it is entirely possible
to enter into or renew a civil covenant with
God without establishing a state church. Under
the biblical doctrine of separation of church
and state both institutions are independent
of each other, but equally responsible to
God and His Word. A correct understanding
of this doctrine would preclude the establishment
and financial support of a particular denomination
by the government. It was just as improper
for the colonies to adopt this practice as
it would have been for the federal government.
However well meaning or ignorant
of this principle the founders may have been,
it has proven to be a fatal error. God will
not be ignored. A nation rejects or neglects
God and His Word at its own peril. The founding
generation may have assumed the presence of
God in the national charter, but subsequent
generations obviously have not.
The Federalist Papers are
generally regarded to be the most authoritative
commentary on the Constitution and the intent
of the founders. They reveal that Madison
and Hamilton were extremely concerned about
the leavening influence of "faction."
Madison in particular was concerned with the
tendency of factions to be "actuated
by some common impulse of passion, or of interest,
adverse to the rights of other citizens...."
(Federalist #10). This is a legitimate concern.
But Madison saw faction emanating
from a variety of sources, not the least of
which was religion: "The
latent causes of faction are thus sown
in the nature of man...a zeal for different
opinions concerning religion, concerning
government, and many other points...."
[emphases added]. Rather than providing the
glue which binds a Christian society together,
Madison regarded religion as a divisive and
impotent force for social cohesion. "...we
well know,"
he said, "that
neither moral nor religious motives can
be relied on as an adequate control [for
faction]."
[emphasis added]
We also find this in sources
other than the Federalist. For example,
in Madison's
Detached Memoranda in the 1946 "William
& Mary Quarterly"
(3rd Quarter) Elizabeth Fleet notes Madison's
concerns about "the
danger of silent accumulations & encroachments
by Ecclesiastical Bodies"
and "the
danger of a direct mixture of Religion &
civil Government."
He also lamented that, "The
establishment of the chaplainship to Congs
is a palpable violation of equal rights, as
well as of Constitutional principles."
The First Amendment as well
as his earlier Memorial & Remonstrance
in Virginia make it clear that Madison
believed government should keep its hands
off the church. But he also believed that
religion should reciprocate and have little
if any influence on civil government. He was
committed to the ideal of a secular republic
and a strict separation of church and state.
In the place of religion
Madison exalted the republican model as the
remedy which "promises
the cure for which we are seeking"
(Federalist #10). This is a form of idolatry:
exalting the design however excellent
above the Designer, the creature above the
Creator (Rom. 1:25). This would be similar
to the Jews rejecting God, while clinging
to and relying on the beautifully designed
temple and external form of temple worship
(Jer. 7:4,5).
When men reject self-government
under God they become slaves. It was not necessarily
wrong for the Israelites to ask for a king,
for a constitutional monarchy or kingship
subject to the Law of God (Deut. 17:18-20)
was typologically interwoven with the destiny
of Israel. The kings of Israel, David in particular,
were used as illustrations of the great King
the Messiah who would one day deliver the people from
their transgressions.
However, their attitude was
one of rejecting God as God and establishing
civil government in His place
as ultimate source of authority, power, security
and provision. They wanted a king to govern
them like all the nations, not a king
to govern according to God's
Law (I Sam. 8:5). Samuel warned them that
this action would lead to their enslavement.
They were being conformed to the world, rather
than providing a model to which the world
would be attracted:
Keep them and do them;
for that will be your wisdom and your
understanding in the sight of the peoples,
who, when they hear all these statutes,
will say, "Surely
this great nation is a wise and understanding
people"...And
what great nation is there, that has statutes
and ordinances so righteous as all this
law which I set before you this day? (Deut.
4:6-8)
This passage demonstrates
the power of God's
Law as an evangelistic tool when properly
administered by godly civil government. The
nations around Israel would be attracted by
the justness of God's
Laws and yield their allegiance to Him.
Just as it was not wrong
for the Israelites to ask for a king, it was
not wrong for the founders to ask for a republic.
However, it was just as devastating for the
founders to reject the civil authority of
God as it was for the Children of Israel.
In summary, we note that
among other things, two key elements of any
covenant, are: 1) specification of the parties
to the covenant; and, 2) the details of administration.
As we have seen, if a national organic document
is in fact a covenant with God, then it must
state this clearly in the Preamble. A covenant,
as opposed to a contract, includes God as
Party to the agreement.
The second key element is
a delineation of how the covenant is to be
administered. If a covenant is made with God,
then it must spell out the nature of the authority
to whom God has delegated administration of
the covenant. Who represents the people before
God? If these two elements are missing, it
is impossible to claim that the document represents
a covenant with God. In fact, if these elements
are absent or distorted, it is possible to
argue that the document represents a national
break from covenant with God. This covenant
had been established earlier in the Mayflower
Compact and the various colonial charters.
We have seen how the Constitution
broke with the legacy of earlier civil covenants
that were very forthright in their reference
to God as the primary Party to the covenant.
Next we will examine the issue of delegated
authority.
THE BIBLICAL
RELIGIOUS TEST
In the Bible God specifies
the qualifications of the men to whom He delegates
civil authority. The qualifications for public
office delineated by the Old Testament were
fear of God, ability as evidenced by success
in other spheres of leadership, and demonstrated
character able to resist pressures (bribes,
etc.) to temporize justice. According to Deut.
1:13, Judges in particular were to possess
wisdom and understanding.
Because successful government
moves internal to external through the several
spheres of government
self, family, church, civil
we may conclude that the qualifications for
success at the inner levels are prerequisites
for success in civil leadership. These are
detailed as qualifications of elders and deacons
in I Tim. 3:1-13. They include, among others,
commitment to the marriage covenant, temperance,
hospitality, gentleness, and dignity.
The civil magistrate is
called the "deacon of God" in Romans 13:4.
This is one reason why faith was a prerequisite
for holding public office in colonial America.
Rus Walton notes that "eleven
of the first 13 colonies required faith in
Jesus Christ and The Bible as basic qualifications
for holding public office. In New Hampshire,
until 1877, state senators and representatives
were required to be of the 'Protestant
religion. Piety and the fear of God is the prime and principal
qualification in those who sit chief in places
of authority,'
insisted Joseph Belcher, in a sermon delivered
at Dedham in 1701"
It is impossible, of course,
for a government to function in a God-fearing
fashion apart from the direction of godly
men. Only a people of firm religious character
will properly value and tap such men for office.
In the Old Testament these are listed as wisdom,
understanding, ability, fear of God, honesty,
name recognition, and freedom from covetousness
(Deut. 1:13 & Ex. 18:21).
No system of government,
no matter how carefully crafted, no matter
how closely patterned after the Word of God,
can endure apart from personal purity in the
lives of its citizens and its public officials.
Only a people whose lives are being molded
by the Word of God will produce the quality
of leadership that can avoid abuse of governmental
power. Thus, true religion is the essential
qualification for public office. Apart from
the preservative influence of Christianity,
government and culture can only deteriorate.
CONSTITUTION ABANDONS
RELIGIOUS TEST
It is this fundamental qualification
that the Constitution bluntly rejects in Article
VI. It states that "no
religious Test shall ever be required as a
Qualification to any Office or public Trust
under the United States."
As we have noted, earlier Colonial constitutions
had required such a test. For example, the
Fundamental Orders of Connecticut specified
that "the
Governor be always a member of some approved
congregation...."
Likewise, the Massachusetts constitution of
1780 required the following oath: "I________,
do declare, that I believe the Christian religion,
and have firm persuasion of its truth."
We often hear Christians
asserting that even though the founders excluded
all mention of God from the Constitution,
they never intended to separate Christianity
and the state. Innumerable Supreme Court briefs,
quotes from contemporaries, and legislative
pronouncements spanning 100 years or more
are cited in support of this assertion. But
once again, the only sure source of the founder's
intent is the founders themselves, most notably
the Father of the Constitution himself, James
Madison.
What exactly did the founders
mean by "no
religious test?"
The Federalist Papers do not appear to deal
directly with this passage in Article VI.
However, there are several references in the
Federalist indicating that the founders were
confused regarding the role of religion and
the doctrine of separation of church and state.
In Federalist #57 Madison wrote, that "no
qualification of wealth, of birth, of religious
faith, or of civil profession is permitted
to fetter the judgment or disappoint the inclination
of the people."
Madison apparently saw faith
as somehow blinding the minds (fettering the
judgment) of the electorate to more pertinent
qualifications for public office. In Federalist
#52 he added that "the
door of this part of the federal government
[House of Representatives] is open to merit
of every description...and without regard
to poverty or wealth, or to any particular
profession of religious faith."
Thus, by his own admission, Madison regarded
virtually any qualification except religious
faith as requisite for public office.
The key founders were clearly
influenced by Christianity. Madison, for example,
studied under Rev. John Witherspoon at Princeton,
as previously noted. But they apparently believed
in a kind of practical, civil religion; a
common sense ethic that would be inclusive
of a fairly broad range of religious faith.
Thus, Unitarians Franklin and Jefferson were
welcome in the fold.
In addition to Madison, Witherspoon
influenced many of the delegates to the Constitutional
convention. He was a Presbyterian minister
who gave a big boost to Scottish, common sense
rationalism and established it as a credible
school of thought within the church. This
was a branch of Enlightenment thought that
advocated a form of common sense politics,
not explicitly Christian. Thus, natural law
rules in the public sphere; there is a common
ethic that governs all political entities.
For example, we seem to find universal laws
against murder in all civilized societies.
James Hefley described Madison
as one who had attended Princeton and once
considered the ministry. However, his commitment
to Scripture was problematic:
Though he had been influenced
by Voltaire and other European rationalists
to believe that the Bible was not divinely
inspired, he was assured that a 'high
Providence'
directed the destinies of nations.
Madison and the Federalists
argued in some of the state ratifying conventions
that "no
religious test"
referred to a prohibition of one sect's taking
precedence over another. Edmund Randolph also
expressed this opinion at the Convention in
Philadelphia. However, if the text is taken
literally it is difficult to escape the implication
that it refers to an individual's qualification
for office, such as the requirement of some
states that officeholders belong to a Protestant
congregation. At the very least, it was an
unfortunate and dangerous choice of words,
given the familiar use of test oaths by the
states and the ease with which the phrase
may be applied to religion in general, not
just denominations.
The anti-Federalists certainly
believed that it had reference to the undermining
of Christian qualification for office. It
was fairly obvious from the several colonial
constitutions what the phrase was referring
to; i.e. a religious qualification for public
office. Thus, it is not just modern pagans
who have given it that interpretation.
The founders rightly saw
the danger of establishing or subsidizing
any particular Christian denomination. However,
in their zeal to disestablish all denominations
at the national level, the founders also imprudently
disestablished religion, and thereby God.
Regardless of what the founders
may have meant, latter day heretics have taken
their words at face value to reinforce the
radical view that Christianity should be excluded
from the public square. The seemingly innocuous
seeds sown so many years ago by the founding
fathers are today bearing a bitter harvest
indeed.
For example, Isaac Kramnick,
writing for the New York Times in an article
critical of the "religious
right"
makes this observation:
In 1787, when the Framers
excluded all mention of God from the Constitution,
they were widely denounced as immoral
and the document was denounced as godless,
which is precisely what it is. Its opponents
challenged ratifying conventions in nearly
every state, drawing special attention
to the stipulation in Article VI, Section
3: "No
religious test shall ever be required
as a Qualification to any office or public
trust under the United States."
He went on to note that "An
anti-federalist in North Carolina wrote: 'The
exclusion of religious tests is by many thought
dangerous and impolitic...Pagans, Deists and
Mahometans might obtain office among us.'
For another North Carolinian, David Caldwell,
the prohibition of religious tests 'constituted
an invitation for Jews and Pagans of every
kind to come among us.
Of course, such statements
constitute political heresy for the modern
political pluralist. They are the epitome
of "political
incorrectness."
Rexford and Carson have interpreted
this section to mean that "Every
official in the United States...is on oath
to uphold the Constitution. Religion, however,
can never have anything to do with the question
of eligibility of an officeholder in the United
States."
This is the common interpretation. In other
words, government officials are required to
swear allegiance to civil authority, but not
to the religious authority of God. This is
a key facet of the American civil religion
as embodied in the secular state. There is
therefore no recognized recourse to the Court
of Heaven or the Law of God.
PATRICK HENRY'S RESISTANCE
It is rarely mentioned that
strong Christian men opposed ratification
of the Constitution. Even more rarely mentioned
are the reasons for their opposition. Given
the desperate position into which we have
been driven by the Constitution, it would
behoove us to consider the arguments in opposition
advanced by such stalwarts of the faith as
Patrick Henry.
Patrick Henry was among the
most forthright Christian statesmen of the
founding era. It may be difficult to criticize
the moral fiber of many, if not most of the
founders, but it is not difficult to raise
questions concerning the essence and depth
of their faith. Quotes from the founders on
religion and Providence are seemingly endless.
Christians thrill to these quotes, but it
is rare that the exact nature of their Christianity
is examined in detail.
George Washington's Position
Why, for example, did George
Washington refuse to take communion for most
of his adult life, thereby (in effect) excommunicating
himself from the Church of Christ? Why are
his public references to the Lord Jesus Christ
almost non-existent? Why did Washington aspire
and attain to the rank of Grand Master in
the Masonic lodge, a lodge in which each promotion
requires the applicant to swear to an anti-Christian
oath?
When it comes to Washington's
religious/philosophical bent there is simply
too much of a mythical or legendary nature
to rely on anything other than primary source
documents. These would include such things
as Washington's
own public and private correspondence and
the writings of those who knew him extremely
well, such as his pastor.
Washington's
own pastor during the 8 years of his Presidency
-- Dr. James Abercrombie, Assistant Rector
of Christ Church in Philadelphia -- had grave
doubts about the state of Washington's
soul. While his wife went forward to kneel
with the communicants on communion Sunday,
Washington always walked out the back door.
Rebuked indirectly from the pulpit, he acknowledged
his offense and promised never to attend church
on communion Sunday, a promise that he kept.
Dr. Abercrombie left us these words: "That
Washington was a professing Christian, is
evident from his regular attendance in our
church; but, Sir, I cannot consider any man
as a real Christian who uniformly disregards
an ordinance so solemnly enjoined by the divine
Author of our holy religion, and considered
as a channel of divine grace."
There is no doubt that Washington
thought and spoke highly of Christianity as
a socially cohesive force in society. He was
convinced of the sovereignty of God in the
affairs of men. Further, he strongly encouraged
chaplains in the Continental Army and served
in a leadership capacity in his local church,
attending about once a month. However, we
must not confuse "Churchianity"
with Christianity. Church attendance was with
Washington a social obligation and a means
of expressing his humanitarianism.
On the question of Washington's
Masonic connections, the only safe ground,
once again, are the writings of Washington
himself. There is an oft-repeated statement
of Washington's
used to demonstrate his indifference to Masonry:
"to
correct an error that you have run into, of
my presiding over English Lodges in this country.
The fact is I preside over none, nor have
I been in one more than once or twice within
the last thirty years."
John Eidsmoe quotes this passage selectively
to make it look like Washington was disavowing
all Masonic connections: far from "Presiding
over the English lodges in this country"
as Snyder supposed, he had not been in a Masonic
lodge "more
than once or twice within the last thirty
years."
However, J. Hugo Tatsch interpreted
that to mean simply that Washington never
presided over nor frequented any English lodges
in this country, but that this did not exclude
the American lodges of which he was an active
member. There is too much of a laudatory and
sympathetic nature in Washington's
private letters to various lodges to deny
that he was a lifelong, practicing Mason.
Masonic memorabilia and monuments
related to Washington at various sites all
over the country are a secondary line of evidence.
These might be classified as "archeological"
evidence. The Washington monument is, of course,
laden with Masonic symbolism.
Some have argued that much
of this is from Masonic sources and is therefore
unreliable. However, much of what we know
about ancient Egypt is from ancient Egyptian
archeological evidence. The Egyptians, of
course, worshiped the sun, moon, and various
other aspects of the natural world just like
the Masons. Do we therefore reject all archeological
evidence from the Egyptians?
There are also objective,
or at least independent, newspaper accounts
testifying to the fact that many of these
events in which Washington functioned in his
official capacity as a Mason actually occured.
For example, we have a painting of Washington
laying the cornerstone of the United States
Capital in Masonic garb, as chronicled by
the Columbian Mirror and Alexandria Gazette
of September 25, 1793. This painting was reissued
by the White House Historical Association
on their By the People calendar in
1993, 200 years after the event.
"Unitarian"
not "Deistic"
is perhaps the best way to characterize many
of the key founders. While some were members
of Trinitarian churches, men like John Adams,
Benjamin Franklin, Thomas Jefferson, James
Madison and most likely Washington, were Unitarian
in outlook. Unitarianism, or Socianism, is
characterized by a denial of the Divinity
or active Lordship of Jesus Christ in the
affairs of men.
Patrick Henry's Opposition
Patrick Henry, however, was
cut from a different cloth. He was one of
the most forthright Christian statesmen of
the founding era. Not only did Patrick Henry
oppose ratification of the Constitution, he
refused the invitation to attend. Why?
Constitutional historian
Forrest McDonald makes this observation: "Neither
Sam Adams nor John Hancock of Massachusetts
nor Richard Henry Lee and Patrick Henry of
Virginia chose to come (Henry did not because,
he said, "I
smelt a rat";
the others offered no excuses)."
Henry complained of the illegality
of the Convention in ignoring the explicit
instructions of Congress not to scrap the
Articles of Confederation. "The
Federal Convention ought to have amended the
old system,"
he protested, "for
this purpose they were solely delegated: the
object of their mission extended to no other
consideration."
Delegate William Paterson
of New Jersey had advanced the same objection
during the first three weeks of the Convention.
"If the confederacy was radically wrong,"
he argued, "let us return to our states, and
obtain larger powers, not assume them of ourselves....If
the subsisting confederation is so radically
defective as not to admit of amendment, let
us say so and report its insufficiency, and
wait for enlarged powers." Paterson's plan
to correct the weaknesses in the Articles
of Confederation was rejected by the Convention
after about three weeks.
Further, by calling for independent
ratifying conventions in each state the Constitutional
Convention was making an end run around local
governmental bodies. In so doing they sidestepped
the strong resistance they knew existed in
many of the duly constituted state legislatures.
The ratification procedure was explicitly
illegal because the Articles of Confederation
clearly specified that any changes must be
approved by Congress and every state legislature
(Article XIII).
The delegates had been given
writs which authorized their assembly "for
the sole and express purpose of revising the
Articles of confederation, and reporting to
Congress and the several legislatures such
alterations..."
Article XIII of the Articles forbade that
"any
alteration at any time hereafter be made in
any of them; unless such alteration be agreed
to in a Congress of the united states, and
be afterwards confirmed by the legislatures
of every state"
(emphasis added). Article VII of the Constitution
ignored Congress, declaring that approval
of nine state conventions would abolish the
Articles: "The
Ratification of the Conventions of nine States,
shall be sufficient for the Establishment
of this Constitution...."
The states as states were
thus completely bypassed in an appeal to "the
people";
the state legislatures were excluded from
the confirmation process. Were the state legislatures
happy about this? Hardly. The procedure specified
called for the state legislatures to name
the times and places of their corresponding
ratifying conventions. Edmund Morgan recounts
an instance where 19 anti-Federalists in the
Philadelphia legislature deserted the capitol
before the vote. This prevented further business
for lack of a quorum. Two of them were located
by the Sergeant-of-Arms and carried forcibly
by a mob back to the state house to complete
the quorum.
In effect, the procedure
chosen amounted to a bloodless coup against
the existing order, as some of the anti-Federalist
tracts argued. All of the proceedings were
shrouded in secrecy by an oath of silence.
The veil of secrecy was not pierced until
after the death of the last delegate (Madison)
when their notes were finally made public.
Looking back from the perspective of 200 years,
Edmund Morgan notes,
It [ratification] was
obtained by the narrowest of margins and
by methods that cannot be defended. The
prospect was not calculated to please
local politicians, and as the convention
had anticipated, they were among the loudest
objectors to the new plan. Again and again
they warned that its adoption would be
the death knell not only of the state
governments but of the popular liberties
which the constitutions of those governments
protected.
For 24 days in the Virginia
ratifying convention, Patrick Henry led the
opposition against ratification of the Constitution.
According to Long, "In
the Virginia Ratifying Convention in 1788,
Patrick Henry protested with vehemence against
the proposed new Constitution's
lack of sufficient safeguards against governmental
abuses due to human weaknesses among its officials,
saying:"
Show me that age and
country where the rights and liberties
of the people were placed on the sole
chance of their rulers being good men,
without a consequent loss of liberty!
I say that the loss of that dearest privilege
has ever followed, with absolute certainty,
every such mad attempt.
He recognized the danger
of establishing power
even ostensibly limited power
in the hands of men apart from the possibility
of recourse to God and Divine Law. This is
the essence, indeed the very definition of
tyranny: ruling apart from any reference to
the Law of God.
Hamilton and others down
played the threat that the new government
would not respect the limits placed upon it
"as
was being asserted by those who were extremely
fearful of any central government with substantial
powers and were arguing in favor of stricter
and clear limits on Federal power. Chief among
these were Patrick Henry, Richard Henry Lee
and Samuel Adams."
The prophetic foresight of these Christian
statesmen is all too obvious as we survey
the wreckage of the American Republic over
two centuries later.
John Eidsmoe calls attention
to the fact that "Henry
did succeed in persuading the delegates to
approve resolutions calling for amendments
to the Constitution in the form of a bill
of rights. Henry also advised those of his
supporters who threatened violence if the
Constitution was ratified, to peaceably submit
to the new Constitution, and to work for passage
of amendments which would safeguard personal
liberty."
Unfortunately, even the safeguards
of the Bill of Rights, for which Henry so
eloquently argued, have been inadequate to
overrule the inherent secularism of the body
of the Constitution. These bulwarks have failed
to withstand the winds of 20th Century skepticism
because they are built on a foundation of
sand (Matt. 7:24-27). In the teeth of this
intrinsic secularism, modern Christians protest
in vain that the First Amendment was never
intended to separate God and government.
CONCLUSION
The United States Constitution
breaks with the tradition of previous civil
documents that were forthright covenants with
the God of the Bible. The Constitution is
a secular document, which ignores God and
represents therefore, a breach in earlier
national covenants with Him. Reinforcing the
secular nature of the Constitution is its
denial of a religious test for office. This
was a basic feature of most of the earlier
documents and a biblical imperative. These
fundamental flaws were recognized by strong
Christians of the founding era, who strenuously
resisted its passage.
It is well known that many
of those attending the Constitutional Convention
were church members and Christian, at least
in the nominal sense. However, because of
their failure to reason self-consciously from
the Bible, we are forced to conclude that
their Christianity was seriously compromised
by the natural law humanism of the 18th Century
Enlightenment. Noted social commentator Otto
Scott put it this way:
The United States was
a government whose constitution claimed
no higher authority than its own laws.
That was essentially a lawyer's concept
of civilization, and could be traced not
to the church, but to Roman tradition.
The novelty of a nation
without an official religion was not fully
appreciated in 1830
for no land was as crowded with churches
and no people more prone to use religious
terminology and Christian references in
everyday speech in their writings, and
in their thinking, than the Americans.
There was no question of the piety of
millions. There was equally little doubt
that they did not fully realize that a
land with no religious center is a land
where religion is what anyone chose to
claim.
Far from being the ideal
document hailed and heralded in a sea
of campaign oratory, the Constitution
was a lawyer's contract that claimed no
higher law than its managers, who represented
themselves as reflecting the will of the
people. Since such a will was undefined
and undefinable, lawyers made up the rules
and procedures of government as they went
along, within limits that were often ignored,
slyly subverted, or poorly guarded. In
effect, the Founders had recklessly placed
the government in the position of what
ancient Greeks called a 'tyrant'
which, in its original sense, meant a
rule without divine authority.
We gain little by clinging
to an interpretation of history that pretends
the founders and the document they produced
are something other than what they really
were. We need to take what is good from the
Constitution, admit the problems, and then
move forward to correct them. Until we acknowledge
the problems, we will never be able to move
on to the desperately needed solutions.
In the current political
climate, it would be obviously risky to call
for a Convention to introduce sweeping changes
in the Constitution. This is especially true
given the precedent of the first Convention
in exceeding its legal authority. However,
as Christians regain the ascendancy in American
political affairs, it will be imperative to
amend the Constitution to reaffirm the national
covenant with God. God and the authority of
His Revelation must be ensconced in the Preamble
and the religious test oath must be established
once again as the essential qualification
for public office.
END NOTES
1 Verna M. Hall,
The Christian History of the Constitution,
204.
2 Edwin S. Corwin,
The "Higher Law" Background of American
Constitutional Law (Ithaca and London:
Cornell University Press, 1955), 65.
3 Hall, The Christian
History of the Constitution, 253.
4 Ibid., 38.
5 Ibid.
6 Max Farrand, ed.,
The Records of the Federal Convention
of 1787 (New Haven, CT: Yale University
Press, 1966), I, 452.
7 John Eidsmoe, Christianity
and the Constitution (Grand Rapids,
MI: Baker Book House, 1987), 360.
8 John Witherspoon,
An Annotated Edition of Lectures on
Moral Philosophy, ed. by Jack Scott
(Newark: University of Delaware Press,
1982), 45.
9 James Madison,
The Federalist Papers, 81.
10 Rus Walton, "Letter
From Plymouth Rock," Plymouth Rock
Foundation, (November, 1983), 1.
11 Ebenezer Burgess,
Dedham Pulpit, 127; quoted by Thomas
Jefferson Wertenbaker, The Puritan Oligarchy
(New York, NY: Grosset & Dunlap, 1947),
70.
12 Hall, The Christian
History of the Constitution, 254.
13 Witherspoon, Lectures
on Moral Philosophy.
14 James C. Hefley,
America: One Nation Under God
(Wheaton, IL: Victor Books, 1975), 20.
15 Farrand, The
Records of the Federal Convention of 1787,
310.
16 Isaac Kramnick,
"Assaults by Christians on American Leaders
Aren't at All New," The New York Times
(1994).
17 Ibid.
18 Frank A. Rexford
and Clara L. Carson, The Constitution
of Our Country (New York, NY: American
Book company, 1926), 138.
19 Paul F. Boller,
Jr., George Washington and Religion
(Dallas, TX: Southern Methodist University
Press, 1963), 34.
20 Ibid.
21 Hugo Tatsch, The
Facts about George Washington as a Freemason
(New york, NY: Macoy, 1931), 43.
22 Quoted by Victor
L Smith, "An Analysis of the Religious
Beliefs of George Washington," senior
paper submitted to History Department,
Dr. David Poteet, Oral Roberts University,
Tulsa, Oklahoma, 1982, 51.
23 Washington to G.W.
Snyder, 1798; quoted by John C. Fitzpatrick,
ed., The Writings of George Washington
from the Original Manuscript Sources,
1745-1799 (Washington, D.C.: U.S.
Govt. Printing Office, 1931-1944), XXXVI:453.
24 Quoted by John
Eidsmo, Christianity and the Constitution
(Grand Rapids, MI: Baker Book House, 1987),
125.
25 Forrest McDonald,
E Pluribus Unum: The Formation of the
American Republic, 1776-1790 (Indianapolis,
IN: Liberty Press, [1965] 1979), 259-60.
26 Norine Dickson
Campbell, Patrick Henry: Patriot and
Statesman (Old Greenwich, CT: Devin-Adair,
1969), 338.
27 Farrand, The
Records of the Federal Convention of 1787,
250, 258.
28 Edmund S. Morgan,
The Birth of the Republic 1763-89
(Chicago, IL: The University of Chicago
Press, 1977), 150.
29 Ibid., 145, 154.
30 Hamilton Abert
Long, The American Ideal of 1776
(Philadelphia, PA: Your Heritage Books,
Inc., 1976), 18.
31 Ibid., 176.
32 John Eidsmoe, The
American Ideal of 1776 (Philadelphia,
PA: Your Heritage Books, Inc., 1976),
18.
33 Otto Scott, The
Secret Six: John Brown and the Abolitionist
Movement, (repr.) Uncommon Media,
(P.O. Box 69009, Seattle, WA 98168) 97-98.
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