Filed under: James Madison

Government by Written and Permanent Law: Republic vs Regime

The American system of government is a Federal Republic, meaning a confederation of many--a central government and state governments.  James Madison describes the American system as "a Republic--a federation, or combination, of central and state republics--under which: the different governments will control each other…" (Federalist No. 51).

 

The powers are divided between the legislative, executive and judicial branches of government which remain subject to the sovereignty of the people (electorate) under creation's God per the Declaration of Independence.  "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence" (Article IV, Section 4 of the United States Constitution).

 

The federal and state governments are Republics which are distinguished by the fact that they are representative and limited in their power by written constitutions (Federalist No. 45).  The citizen electorate adopts the constitutions, and they are only changeable from the original through amendment by the people.  


The law has been defined as "a set of rules for conduct prescribed by a controlling authority and having binding legal force" (Black's Law Dictionary).*  The overriding concern is: What are the beliefs of the controlling authority?  Sadly, some public servants, including some law professors, do not respect the fact that government gets its power from the sovereigns, the taxpayers who created the government and pay their salaries.

 

In Europe, kings, popes, academician elites and others claimed to be supreme.  This is comparable to what self-indulgent judges are now doing in America.  Rejecting the meaning and intent of the Constitution, they seek to impose societal values of their own choosing.  When federal laws dealing with local concerns descend downward, they become oppressive and often harmful to society.  

 

What sets the American constitution apart from those of so many other nations is that its use is rooted in the Higher Authority Judeo-Christian tradition for civil order.  The Constitution is a tool composed of directives, checks and obstacles.  When the principles of the Creator-based Declaration articulated in the Bill of Rights are upheld, the obstacles built into the Constitution become morally effective, and it becomes difficult for government employees to empower a partisan political agenda or line their pockets with taxpayers' money.

 

"Government is not reason; it is not eloquent; it is force.

Like fire, it is a dangerous servant and a fearful master."

George Washington

 

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 *http://en.wikipedia.org/wiki/Black's_Law_Dictionary

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Finding the Place of Personal Faith in Government

The two classifications of religion, civic and personal, can live openly side by side.  The fact that Americans are free to share their personal religious convictions in public is indispensable.  Different beliefs can then be known, evaluated and decided upon by individuals.  Citizens are to be trusted with this freedom to know and choose.  This is to be respected.

 

The morality in one's personal faith and beliefs about education, government, politics and law are inseparable.  Personal faith is primary, and the nonsectarian American civic religion which is so vital to public education is the composite result.  The purity of America's civic religion that advances individual liberty is totally dependent on religious freedom, which in turn requires freedom from intimidation by government-established ideologues (educators, clergy, etc.).

 

The Founding Fathers were not only avid Creationists; they were members of many different church denominations, and the vast majority of them were, in their personal faith, born-again Christians.*

 

"Therefore if any man be in Christ, he is a new creature:

old things are passed away; behold, all things are become new."

2 Corinthians 5:17

 

For you have been "born again, not of corruptible seed,

but of incorruptible, by the word of God,

which liveth and abideth for ever."

1 Peter 1:23

 

The Founding Fathers who adopted the Declaration of Independence and the Constitution came from eleven Christian groups that held different views about church ordinances, baptism, communion, church polity, discipline, worship and so on.  Alexander Hamilton said in an essay published soon after the Constitutional Convention adjourned: "For my own part, I sincerely esteem it a system, which, without the finger of God, never could have been suggested and agreed upon by such a diversity of interests."**  Madison expressed the same belief in The Federalist No. 37.

 

"Hast thou not known?  Hast thou not heard, [that] the everlasting God, the LORD, the Creator of the ends of the earth, fainteth not, neither is weary?  [There is] no searching of his understanding.  He giveth power to the faint; and to [them that have] no might he increaseth strength."

Isaiah 10:28-29

 

Colonial churches were clearly Biblical.  Schools such as Harvard and the local public grade schools were Bible-based and evangelical.  Noah Webster (1758-1843), a contributor to the Constitution and widely acknowledged as the most influential educator for over a hundred years, unabashedly proclaimed his conversion to Christ during a campus revival at Yale.***

 

Webster, who was skilled in six languages, published the American Dictionary of the English Language in 1828.  In 1833, he said, "It is extremely important to our nation, in a political as well as religious view, that all possible authority and influence should be given to the scriptures, for these furnish the best principles of civil liberty and the most effectual support of republican [meaning republic] government."

 

Public school students must be taught to understand and appreciate the importance of the all-encompassing concept of an impartial, nonsectarian God of creation's nature.  This is America's civic religion.  Inculcation, however, in the personal faith relating to worship and a denomination's specific religious doctrine must not be allowed to become a function of government education.

 

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*http://www.adherents.com/gov/Founding_Fathers_Religion.html

**http://www.zeios.com/OurRepublic/Author/22

***http://www.yalestandard.com/tidbits/voices-of-yales-past/

Image from https://ioan17.wordpress.com/2012/03/30/where-you-ats/

 

Note:  In the Judeo-Christian Bible, we learn of the personal faith shared by many different Christian denominations:  "For God so loved the world, that He gave His only begotten Son, that whosoever believeth in Him should not perish, but have everlasting life.  For God sent not His Son into the world to condemn the world; but that the world through Him might be saved" (John 3:16-17).

 

Justice and grace meet at the cross of Calvary, where the price of sin was paid by Christ, Who loves us more than we love ourselves (see also Romans 5:8-9; 10:9-13 for more context of the phrase "born again").  When individuals acknowledge their need for forgiveness and humbly accept God's gift of salvation from the penalty of sin, a divine God-to-man cooperative becomes a reality.

 

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America's Civic Religion in Light of George Washington and Abraham Lincoln

George Washington and Abraham Lincoln understood that America has a civic religion.  As previously noted, this civic religion is different than the personal faith of individuals--their manner of worship, fellowship and practice.  Religion is embedded in the foundation of our government.

 

George Washington, so immersed in the entire process of the founding of this nation, praised the effectiveness of critics for insisting upon the first ten amendments to the United States Constitution, and he complimented both James Madison and Alexander Hamilton for their work in writing the Federalist Papers saying,  they "have thrown new light upon the science of government; they have given the rights of man a full and fair discussion, and explained them in so clear and forcible a manner as cannot fail to make a lasting impression."

 

During the swearing-in ceremony for President Washington, he placed his hand on an open Bible at Genesis, chapter 49..  Of his own volition, he took the oath of office concluding with the precedent-setting foundation, "So help me God."  Immediately the new president bent down and kissed the sacred book (Peter A. Lillback with Jerry Newcombe, George Washington's Sacred Fire, Bryn Mawr, Pennsylvania, Dickson Press, 2006, 224).

 

In his Farewell Address of 1796, Washington reminded Americans that:  "Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.  In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens.  The mere politician, equally with the pious man, ought to respect and to cherish them.  A volume could not trace all their connections with private and public felicity.  Let it simply be asked:  Where is the security for property, for reputation, for life, if the sense of religious obligation deserts the oaths which are the instruments of investigation in courts of justice?  And let us with caution indulge the supposition that morality can be maintained without religion.  Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle."*

 

Contemporary liberals insist that the Declaration of Independence has no relevance to the Constitution.  Nothing could be further from the truth.  That was the argument used by Stephen A. Douglas in the historic Lincoln-Douglas debates.  Douglas, who practiced constitutional revisionism, rejected Abraham Lincoln's insistence that moral judgment applies to situations calling for decision.  Lincoln quoted from the Declaration of Independence to affirm the moral predicate of constitutional law.

 

The following is from Lincoln's Peoria speech, October 16, 1854:  "I have quoted so much [of the Declaration] at this time to show that according to our ancient faith, the just powers of government are derived from the consent of the governed.  Now the relation of masters and slaves is, pro tanto, a total violation of this principle.  The master not only governs the slave without his consent:  but he governs him by a set of rules altogether different from those he prescribes for himself.  Allow all the governed an equal voice in their government, and that, and that only, is self-government."  Harry V. Jaffa, reviewing Lincoln's speech, added, "Aristotle, in his only reference to piety in the Nicomachean Ethics, says that virtue requires us to honor truth before our friends.  That is because we would not otherwise be worth having as friends."**

 

"I believe the Bible is the best gift God has ever given to man."

Abraham Lincoln

 

Presidents-day

 

 

*George Washington, Farewell Address, http://www.ourdocuments.gov/doc.php?flash=true&doc=15

**Harry V. Jaffa, "In Defense of Political Philosophy," National Review, January 22, 1982, http://connection.ebscohost.com/c/articles/6068362/defense-political-philosophy

 

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The Paper Trail of Our Constitution III

In 1777, on November 15, the Articles of Confederation, our nation's first written constitution (which proved to be too weak), was adopted by the Congress.  It was not ratified by the states until near the end of the war, but it served as the procedure for governing throughout the war.  On March 2, 1781--the day after the Articles of Confederation were ratified--the Continental Congress became known as the Confederation of Congress, and the confederacy claimed the title "the United States of America."*

 

On May 14 of 1787, a few statesmen began to assemble in Philadelphia to assess the weaknesses of the Articles of Confederation.  Their meetings soon became a convention for framing a new constitution.  On May 25, 1787, George Washington was elected president of the Constitutional Convention.  The general outline proposed for the new constitution was presented by Edmund Randolph, Governor of Virginia.  The outline came from consultation with seven men, among whom James Madison was prominent.

 

Their work, spanning almost five months, was an ordeal that required attention to tedious debate and late-hour committee responsibilities with the added discomforts of hot, humid weather and longings for home.  Washington himself, disagreeing with one of the delegates, cautioned that regardless of whether or not the states would adopt a new constitution, popular fallacies must be avoided:  "Let us raise a standard to which the wise and honest can repair; the event is in the hand of God."** Because it was conducted in secret, the public was unaware that the delegates to the Constitutional Convention were on the verge of failure.  When opinions came to an impasse during the Constitutional Convention, Franklin called the delegates to their knees in prayer.  

 

"In this situation of this Assembly, groping as it were in the dark to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights to illuminate our understandings?  In the beginning of the Contest with Great Britain, when we were sensible of danger we had daily prayer in this room for the divine protection.  Our prayers, Sir, were heard, and they were graciously answered…  I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see of this truth--that God governs in the affairs of men.  Can an empire rise without his aid?  We have been assured, Sir, in the sacred writings, that 'except the Lord build the House they labor in vain that build it.'  I firmly believe this; and I also believe that without his concurring aid we shall succeed in this political building no better than the Builders of Babel:  We shall be divided by our little partial local interests; our projects will be confounded, and we ourselves shall become a reproach and bye word down to future ages."*** The practice of prayer continues today when a session of the United States Senate or House convenes.

 

The Committee of Style and Arrangements, elected by the Constitutional Congress, proceeded to codify what had started out on May 28 as a list of fifteen resolutions presented four months earlier by Edmund Randolph.  Twenty-three resolutions for the Constitution emerged from their debate.  Rearranging them for orderly reading, Governor Morris of Pennsylvania put them together as the Constitution.  It contained seven articles with short subsections and a preamble that starts with the sovereigns under God, "We the People."****

Image_hope_in_me_not_disappointed_in_god_we_trust

*Articles of Confederation, Article 1.

**Harry Atwood, The Constitution Explained, 4th ed. (Merrimac, MA: Destiny Publishers, 1992), 4.

***http://www.constitution.org/primarysources/franklin.html

****http://www.history.army.mil/books/revwar/ss/morrisg.htm


 

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The Paper Trail of Our Constitution II

In 1776, on February 28, George Washington acknowledged a poem written in his honor and sent to him by Phillis Wheatley.  "To His Excellency General Washington"   was the title.  This occurred before the Declaration of Independence was completed and accepted by the Continental Congress.  Who was Phillis Wheatley?  She had been captured in Senegal/Gambia at the age of seven or eight and sold in Boston to John and Susanna Wheatley.  They treated her lovingly as a daughter and taught her to read and write; she even learned Latin.  An accomplished poet, she was an admirer of the minister George Whitefield and a strong supporter of independence from Great Britain.

 

The Northwest Ordinance passed in 1787 by the Continental Congress was helpful as the new constitution was drafted.  It specified the requirements of territories seeking statehood.  The ordinance declared:  "The fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory: to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest."*

 

Also known as the Freedom Ordinance, the Northwest Ordinance is a rock-solid example of the nonsectarian religious predicate embraced as constitutional law.  When the Articles of Confederation was replaced by a new constitution, the Northwest Ordinance was passed again and became effective under the Constitution.  George Washington signed the Northwest Ordinance back into law on August 7, 1789.  The ordinance also prohibited slavery in any new state, and Article III specified that "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education, shall forever be encouraged."**

 

"During this same period of time (July 17 to August 7, 1789), the same men who had implemented the Northwest Ordinance were writing the First Amendment to the Constitution [prohibiting government officials from interfering with religious freedom, printing press and education competition]."***

 

In 1792, James Madison, in his Essay, Who Are the Keepers of the People's Liberties?, said, "Although all men are born free, and all nations might be so, yet too true it is, that slavery has been the general lot of the human race.  Ignorant--they have been cheated; asleep--they have been surprised; divided--the yoke has been forced upon them.  But what is the lesson?  That because the people may betray themselves, they ought to give themselves up, blindfold, to those who have an interest in betraying them?  Rather conclude that the people ought to be enlightened, to be awakened, to be united."  Madison served as the fourth president of the United States and is considered to be the principal author of the United States Constitution.  In 1788, he wrote over a third of the Federalist Papers, still the most influential commentary on the Constitution.  James Madison wrote the first ten amendments to the Constitution, also known as the Bill of Rights.  

 

The Declaration of Independence condemned slavery, but it took a war to make it enforceable.  On January 1, 1863, near the end of that war, Abraham Lincoln issued the Emancipation Proclamation that reversed its momentum.

 

"The consequence is, that happiness of society is the first law of every government.  The people have a right to insist that this rule be observed; and are entitled to demand a moral security that the legislature will observe it.  If they have not the first right, they are slaves; if they have not the second right [moral security], they are, every moment, exposed to slavery" (U.S. Supreme Court Justice James Wilson, Lectures, 1790-91).


Phillis_wheatley

Phillis Wheatley

1753? - 1784

 

*Education Resources Information Center website, ED285786.  Teaching about the US Constitution and the Northwest Ordinance.

**http://en.wikiquote.org/wiki/Daniel_Webster

***David Barton, Education and the Founding Fathers (Aledo, Texas: Wallbuilder Press, 1993), 4.

****http://www.archives.gov/exhibits/featured_documents/emancipation_proclamation...

 

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NOTE ~ more information on Wheatley at http://www.enotes.com/his-excellency and http://www.lkwdpl.org/wihohio/whea-phi.htm

 

American Principle Ten: Government Must Be Decentralized

"…repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny [British King] over these States."

Declaration of Independence

 

Officials who bypass the principles of limited government are suppressing the supreme right of the people to rule.  Such officials have violated their duties as trustees and are in effect usurpers, oppressors and tyrants.

 

The American system is "a Republic--a federation, or combination, of central and state republics--under which: the different governments will control each other…  Within each republic there are two safeguarding features: (a) a division of powers, as well as (b) a system of checks and balances between separate departments: hence a double security arises [essential] to the rights of the people."

(James Madison, Federalist, No. 51, 1788)

 

Regarding the federal government usurping essential citizen rights, "True barriers [for] of our liberty are our State governments."

(President Thomas Jefferson's First Inaugural Address, 1801, http://www.thefederalistpapers.org/founders/jefferson/thomas-jefferson-first-...

 

"The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes.  To preserve them must be as necessary as to institute them."

(George Washington's Farewell Address, 1796, http://www.ourdocuments.gov/doc.php?flash=true&doc=15)

 

"Bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possesses their equal rights, which equal laws must protect, and to violate would be oppression."

(President Thomas Jefferson's First Inaugural Address, 1801, http://www.thefederalistpapers.org/founders/jefferson/thomas-jefferson-first-... 

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American Principle Eight: The Overriding Concern When Writing the Constitution Was Imposing a Check on Man's Sin-Prone Behavior

"He has combined with others to subject us to a jurisdiction foreign

to our Constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation."

Declaration of Independence

 

Man has a selfish nature, and those who achieve power tend to abuse it.  James Madison wrote, "The only distinction between freedom and slavery consists of this:  in the former state, man is governed by laws to which he has given his consent, either in person or, by his representative.  In the latter he is governed by the will of another… If men were angels, no government would be necessary" (cited by Forrest McDonald, The Intellectual Origins of the Constitution, Lawrence, Kansas, University of Kansas Press, 1985, pp. 160 and 205 respectively).

 

It is the evil ways of men that make this a dangerous world that requires freedom-loving individuals to be tough-minded.  It is a tough-minded refusal to compromise and negotiate away the timeless principles briefed in the Declaration that sends the enemy down losers' lane.

 

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American Principle Three: Upholding the Traditional Family Is Paramount

"laying its foundation on such principles

and organizing its powers

in such form, as to them shall seem

most likely to effect their Safety and Happiness."

Declaration of Independence

 

Protecting the traditional family as a distinct institution is among the highest priorities for a nation's laws.  This historic arrangement has proven overwhelmingly to be the best setting for raising children to live healthy, responsible and productive lives (Genesis 2:23-24).

 

"That government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, and generally of pursuing and obtaining happiness and safety" (James Madison in the first session of the US Congress, proposing the Bill of Rights amendments be added to the Constitution of the United States).

James_madison

James Madison

1751-1836

Fourth President of the United States,

key author of the Constitution and the Bill of Rights

 

 

"The most important consequence of marriage is, that the husband and wife become in law only one person" (James Wilson, Natural Rights of Marriage, 1792, teachingamericanhistory.org).

James_wilson

James Wilson

1742-1798

Signer of the Declaration of Independence, twice member of the

Continental Congress, one of six original Supreme Court justices

appointed by George Washington

 

 

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