Publius-Huldah's Blog

Understanding the Constitution

The Biblical Foundation of Our Constitution.

By Publius Huldah.

The English Puritans who came here in the 1630s knew that the Old Testament has a great deal to say about civil government. And they came to build that shining city on a hill.

They did not come here to escape from the World, to wait for the end of the World, and to surrender it to evil.

And so – we became a shining city on a hill. The fundamental act of our Founding, the Declaration of Independence, recognizes the Creator God as the Source of Rights;1 and acknowledges that the purpose of civil government is simply to “secure” the Rights God gave us. The Constitution we subsequently ratified was based on God’s model of civil government as set forth in the Bible.

That is why our Country was so much better than what the rest of the World has been.  For the most part, we followed God’s model for civil government; other countries didn’t.

The blessing which flows from God’s model is limited civil government which is under The Law. That is why our Liberty Bell quotes Lev. 25:10 – “Proclaim LIBERTY throughout all the Land unto all the Inhabitants thereof.”

In this paper, I will show you Six Principles which come from the Bible and how our Framers applied them. In a future paper, I will show you Six Biblical Principles Thomas Jefferson listed in the Declaration of Independence, and how those Principles are also incorporated into our Constitution.

1. The Civil Authorities are under the Law.

The Bible: God is The Lawmaker – the kings are to apply God’s Law. 2

  • Deut. 17:18-20: The king is to write out a copy of God’s Law. He is to have it by him and read from it all his life so that he may keep, observe, and apply it.
  • 1 Kings 2:1-4:  King David on his deathbed tells Solomon he must conform to God’s ways, and observe his statutes, commandments and judgments, as written in the Law of Moses.

The parallel in our Constitution is that the Constitution is the Supreme Law which the civil authorities are to obey.

Noah Webster’s 1828 American Dictionary defines “constitution”:

“…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.” [boldface added]

Our Constitution is the Standard by which the validity of all Acts of Congress, all acts of the Executive Branch, all judicial opinions, and all Treaties is measured and judged (Art. VI, cl. 2).

Do you see?  Law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution.

Tyrants, on the other hand, claim that they are the source of law.  The Roman Caesars, Stalin, Hitler, the dictator of N. Korea and Obama all claim that their  will is “law”. Consider Obama’s usurpatious executive orders and rules made by his executive agencies. This is the “Rule of Man” – when the civil authorities deny they are subject to a higher law (be it God’s Law or the Constitution), and hold that their will is “law”.

2. Civil Government has only limited and defined Powers:

The Bible: When you read through the Old Testament, you see that civil government is limited to:

  • Military matters
  • Enforcement of only a few of God’s Laws – the laws to which a penalty for violation is attached (laws against murder, theft, bearing false witness, negligence, etc.).
  • Judges are available to decide disputes between the people.

Most of God’s Laws are a matter of individual and family self-government (e.g., charity, family welfare, education, don’t drink too much, work hard).

The parallel in our Constitution is that it is one of enumerated powers only:

All other powers (except those listed at Art. I, §10) are retained by the States or the People. Self-government” means that as individuals, we govern ourselves in accordance with the laws of God [or the “Natural Law”].  It doesn’t mean that we elect representatives to manage our lives for us!

Tyrants claim the power to do whatever they want.

3. Civil Government is divided into Three Parts:

The Bible: Isaiah 33:22 says The Lord is our “judge”, “lawgiver”, and “king”!

The parallel in our Constitution is that the federal government is divided into three branches: Judicial, legislative, and executive.

No human can be trusted with all three functions, so our Constitution separates them into three branches, with each branch having checks on the powers of the other branches.

Tyrants seek to exercise all three functions. Obama is making Congress irrelevant: When they refuse to pass a law he wants, he implements it by “executive order” or “agency regulation”.  He’s making the judicial branch irrelevant by ignoring their decisions which go against his will.

4. The Civil Authorities promise to obey the Higher Law.

The Bible: The king promises to obey God’s Laws and to apply God’s Laws in the kingdom; and the people pledge themselves to this promise:

  • King Josiah’s covenant at 2 Kings 23:1-3:  King Josiah called all the people together and in their presence, read aloud to them the Book of the Law which had been found in the temple. Then King Josiah entered into a covenant with God that he would obey him and keep his commandments and statutes as written in the Book of the Law.  And all the People pledged themselves to this covenant.
  • Joash’s (via the priest Jehoiada) covenant at 2 Kings 11:17 and 2 Chron 23:16.
  • David’s covenant at 2 Sam 5:1-4 and 1 Chron 11:1-3.

Our Constitutional Oaths of Office:

  • Art. II, Sec. 1, last clause: The President promises to “preserve, protect and defend the Constitution”.
  • Art. VI, last clause: All other federal and State officers and judges promise to “support” the Constitution.

5.  When the Civil Authorities violate the Higher Law, We must Rebuke them!

The Bible: The prophets rebuke the kings when they forsake God’s Law:

  • Samuel rebuked King Saul (1 Samuel 13:10-14)
  • Nathan rebuked King David (2 Samuel 12)
  • A Man of God rebuked King Jeroboam (1 Kings 13)
  • Elijah rebuked King Ahab (1 Kings 16:29 – 1 Kings 17:2; 1 Kings 18:16-20; 1 Kings 21:17-29)
  • Elijah rebuked King Ahaziah (2 Kings 1:1-18)
  • Elisha rebuked Jehoram, King of Israel (2 Kings 3:1-14)
  • The prophets warned of the pending destruction of Jerusalem because of the sins of King Manasseh (2 Kings 21:10-16)
  • The book of Micah.

The Black Robed Regiment of Our Revolution: Some 237 years ago, our pastors were leaders in bringing about our Revolution.  They understood that the English king and Parliament were imposing tyranny on us in violation of God’s Law.

In the Declaration of Independence, we rebuked the British Crown when we itemized our grievances and recited how we had petitioned for redress and had warned that if they didn’t stop the usurpations, we would separate from them.

But today, we don’t have enough clergy with the knowledge and the spine to rebuke the federal government. Many don’t know what the Bible says about civil government,3 and they don’t know our Founding Principles and documents. Too many of our clergy just want to escape or withdraw from the World, avoid controversy, and preserve their 501 (c) (3) tax exemption.

The Catholic Priests are speaking out about being forced to provide contraception and abortion pills as violations of their religious freedom. But they should be denouncing the HHS rules as unconstitutional exercises of undelegated powers. 

Their goal should not be to carve out an exemption for themselves from rules they don’t agree with; but to enforce The Constitution for everyone.

“Rebuke” does not consist in saying, “I don’t agree” or “It violates my beliefs.”

A proper rebuke points out the Higher Law being violated, and demands compliance with that Higher Law – not with one’s personal views. 

Because the Priests have focused on their religious beliefs, instead of on biblical/constitutional principles; the discussion in the media has been about the percentage of Catholics who use birth control – the implication being that since most Catholics use it, the Priests are out of touch.

But if the Priests would say:

  • Obamacare is unconstitutional as outside the scope of the powers delegated to Congress – the medical care of the People not being one of the enumerated powers; and
  • The HHS rules are unconstitutional as outside the scope of the powers granted to the Executive Branch, and as in violation of Art. I, § 1 which provides that only Congress  may make laws; 4

Then, they would make a proper Rebuke.  And the discussion would be where it should be: on the enumerated powers of Congress and the unconstitutionality of rule-making by executive agencies.

So! The purposes of Rebuke are to Warn and Teach:

  • To warn the civil authorities of their violations of the Higher Law, and
  • To educate the civil authorities and The People about the Higher Law.

The Constitution is a theological document! It is the job of our clergy – Catholic, Protestant and Jewish – to know this. And to defend God’s Word as expressed in our Constitution. God requires our clergy to take an active role in protecting the People from a civil government which violates the Higher Law – be it God’s Law or our Constitution which is based on God’s Law.

We The People must also rebuke the federal government when they violate our Constitution. We do it by posting on line, talking to friends, family, and everyone else within our spheres of influence. Stick to Principles – avoid personal opinions. Cite the provision of our Constitution they violated; or as is usually the case, show that what they have done is not an enumerated power. When they have town hall meetings, rebuke them there. Watch this magnificent woman and see how it is done!

6.  The Peoples’ Obligation to obey the Civil Authorities is conditional upon the Civil Authorities obeying the Higher Law.

The Bible: As shown by the Scripture at Principle 4, civil government is a covenant between God, the king, and the People.  God makes the Laws; the king promises to obey and apply those Laws; and the people pledge themselves to the Covenant.

Out of this relationship between God, the king and the people, arises the peoples’ obligation to protest lawlessness on the part of the king.  If they don’t protest, God punishes the people because of the misdeeds of their kings – the people will suffer if they go along with the unlawful acts:

  • God sent a 3 year famine because Saul put the Gibeonites to death (2 Sam 21).
  • God sent a pestilence which killed 70,000 Israelites because David took the census (1 Chron 21 & 2 Sam 24).
  • God (via Elijah) sent a famine because Ahab & his house forsook the commandments of the Lord (1 Kings 16:29-33, 17:1, 18:1, 18:17-19).
  • God struck a heavy blow at Joram’s people because of Joram’s wickedness (2 Chron 21:1-14).
  • God visited 4 dooms upon Jerusalem & the Southern Kingdom because of the sins of Manasseh (2 Kings 21:10-17 & Jer 15:3-4).

The parallel in our Constitution is this: When Congress makes a law which is outside the scope of its enumerated powers, it is no “law” at all, but is void; and we have no obligation to comply.  Alexander Hamilton says this over and over in The Federalist Papers.  Here are a few examples:

“…If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify…” (Federalist No. 33, 5th para). [boldface added]

“…acts of … [the federal government] which are NOT PURSUANT to its constitutional powers … will [not] become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such…” (Federalist No. 33, 6th para). [boldface added]

“…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act …contrary to the Constitution can be valid. To deny this, would be to affirm … that men … may do not only what their powers do not authorize, but what they forbid.” (Federalist No. 78, 10th para). [boldface added]

Hamilton also tells us that Congress can’t usurp powers unless the People go along with it! In Federalist No.16 (next to last para), he points out that because judges may be “embarked in a conspiracy with the legislature”, the People, who are “the natural guardians of the Constitution”, must be “enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority.

So!  Hamilton applies the Biblical model of what WE are supposed to do when the federal government acts outside of the Constitution. We are to recognize that their acts are “void”, and We are to take whatever prudent measures are necessary to enforce the Constitution.

What can We do?

Hamilton tells you to LEARN the Constitution; demand that federal and State officials obey it; and don’t go along with them when they violate it!

READ our Declaration of Independence and Constitution until you become familiar with them.  Stick to original sources (e.g., The Federalist Papers) and beware of the ignorant know-it-alls with their crazy theories.

REBUKE officials and judges who violate the Constitution! Specify the violation.  Usually, the violation is that what they did is not an enumerated power.

ELECT State & County officials who will nullify unconstitutional acts of Congress, executive orders, & judicial opinions.  Here are Model Nullification Resolutions for State Legislatures.

TALK to your pastor, priest or rabbi – we all share the Old Testament. We must dust off our copies and read them; renounce escapism & defeat; renounce the unbiblical doctrine of socialism (listen to Fr. Andrew!); renounce the unbiblical doctrine of divine right of kings – the false doctrine that God granted autonomy to the civil authorities; declare independence from the federal government and throw off the chains of the 501 (c) (3) tax exemption!  Start being the Salt & Light we are called to be – the Watchmen on the Wall. PH.

Endnotes:

1 Here are express references to God in our Declaration of Independence:

  • …The Laws of Nature and of Nature’s God…
  • …endowed by their Creator with certain unalienable Rights…
  • …appealing to the Supreme Judge of the world for the rectitude of our intentions…
  • …with a firm reliance on the protection of divine Providence

Our Constitution at Art. VII, last clause:

  • …in the Year of our Lord one thousand seven hundred and Eighty seven…

2 “Lex, Rex” – the Law is above the king!  Not “Rex, Lex”.

3 Romans13 must be read in pari materia with everything the Bible says about civil government! The false doctrine of “divine right of kings” is based on ignoring the numerous Old Testament provisions addressing civil government. Romans13 actually says that the civil authorities are God’s ministers and agents, and if we are “good” we have no cause to fear them; but if we do “evil” we do have cause to fear them.

So! When reading Romans 13, Titus 3:1 & 1 Peter 2:13-14, we must keep in mind that it is God who decides what is “good” and what is “evil”. God never gave civil authorities the power to define “good” and “evil”; and God never gave them autonomy. Bad theology is, and has long been, the cause of much evil.  And Pride keeps it going.

4 Article I, §1 says:

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

Only elected Senators (Art. I, §3, cl. 1) & popularly elected Representatives (Art. I, §2, cl. 1) may exercise legislative powers. Our Constitution doesn’t permit unelected bureaucrats to make laws. Federal judges have disgraced the Bench by permitting rule-making by executive agencies. PH.

June 23, 2012

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June 23, 2012 Posted by | 501 (c) (3) tax exemption, Bible and civil government, Isaiah 33:22, Resistance to tyranny, Rule of Law, shining city on a hill, Supreme Law of the Land, under the law | , , | 55 Comments

The U.S. Census: Rule of Law or Rule of Men?

By Publius Huldah

1. The American People have forgotten the most important Principle of our Founding: The distinction between the “Rule of Law” and the “Rule of Men”. This distinction was  illustrated in a discussion about the census questions between Megyn Kelly (Fox News) and Congresswoman Michele Bachmann (R. Minnesota) on June 25, 2009. Ms. Kelly illustrated the Rule of Men; Rep. Bachmann, the Rule of Law.

2. What is the “Rule of Law”?  The Rule of Law prevails when the civil authorities act in accordance with a body of Law which is established by a higher authority. The Preamble to The Constitution of the United States says it is ordained and established by WE THE PEOPLE of the United States. Thus, WE THE PEOPLE are the highest political authority in our Land.  It is OUR Constitution – WE ordained it – WE created the federal government; and the federal government has only those powers WE granted to it in The Constitution.[i]

Alexander Hamilton recognized in Federalist No. 33 (6th para), that the federal government is our “creature”, and WE are to judge the acts of the federal government using the “standard [we] have formed” – the Constitution. When the federal government departs from this standard, WE are to “take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify”.

Noah Webster’s American Dictionary of the English Language (1828), says under the entry for “Constitution”:

“…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.”

Do you see?  The Constitution is superior to Congress, and the Constitution limits and controls Congress’ powers! In Federalist No. 33 (last two paras), Hamilton said that acts of the federal government “which are not pursuant to its constitutional powers” are “merely acts of usurpation, and will deserve to be treated as such”; that only “laws made pursuant to the Constitution” will become part of the Supreme law of the land; and that laws which are not made pursuant to the Constitution “would not be the supreme law of the land, but a usurpation of power not granted by the Constitution.”

Our Founders were emphatic that ours is a Constitution of enumerated powers only.  In Federalist No. 45 (9th para), James Madison said:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.  The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.  The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people…”[italics added] [ii]

So! The Rule of Law prevails when the people in the federal government obey The Constitution. When they act outside the enumerated powers, they abandon the Rule of Law – the Constitution – and embrace the Rule of Men.  And they are “the Men”.

3. Now let us see what the Constitution says about the census. Art. I, Sec. 2, clause 3, provides that an enumeration of the people shall be taken every 10 years for the purposes of apportionment of (1) direct Taxes and (2) Representatives to the House.

In Federalist No. 54, last para, James Madison explains the “salutary effect” of having a “common measure” [the number of people] for determining both the number of  Representatives for each State and the amount of the direct taxes each State is to pay: As the accuracy of the census depends on the cooperation of the States, the “common measure” discourages States from overstating or understating the numbers of their population.

The Constitution is clear, and Madison confirms it:  The purpose of the census is (1) to determine the number of Representatives for each State, and (2) to determine each State’s share of the direct taxes.  To these ends, we gave the federal government authority to ask us only the number of persons living in our homes (and whether any of us are Indians).

4. Now let us look at some of the questions on the 2010 census (short form) at  2010.census.gov. The questions are asked of every person who lives in your home:

In #3, they demand to know whether you own your home subject to a mortgage, whether you own it free & clear, whether you pay rent, or whether you live rent free.  The justification they give for asking is that the information is “used to administer housing programs and to inform planning decisions”.

In #s 4 & 5, they demand to know everybody’s full name and telephone number!

In #6, they demand to know everybody’s sex.  They say they ask because “many federal programs must differentiate between males and females for funding, implementing and evaluating their programs…”

In #7, they demand to know your age and date of birth.  They say they “…need data about age to interpret most social and economic characteristics, such as forecasting the number of people eligible for social security or Medicare benefits. The data are widely used in planning and evaluating government programs and policies that provide funds or services for children, working age adults, women of childbearing age, or the older population”.

In #8, they demand to know whether anyone in your home is of Hispanic, Latino, or Spanish origin.

In #9, they demand to know the race of everyone in your household.  The reasons they give for asking include, “to monitor racial disparities in characteristics such as health and education and to plan and obtain funds for public services.”

Housing programs? Planning decisions? Federal programs which differentiate between males & females? Social Security?  Medicare?  Other government programs for children, adults, childbearing women, or old people?  What’s this? Can anybody point to where these are among the enumerated powers of Congress?  No! These are powers which Congress has usurped.

5. Megyn Kelly and Michelle Bachmann both expressed disapproval of the intrusiveness of questions on the census [they may have been looking at the long form], and of ACORN’s involvement in gathering the information.  But Ms. Kelly brought up that a spokesperson for the Census Bureau said that “the US code says anyone over eighteen who refuses to answer any of the questions on the census can be fined up to $5000 dollars”.  Ms. Kelly asked Rep. Bachmann:

…so how do you respond to those who say, “…The law is what the law is and you as a lawmaker should know better than to break it.”

Rep. Bachmann answered:

“…I’m saying for myself and for my family, our comfort level is we will comply with the Constitution. Article one section two:  we will give the number of the people in our home. And that’s where we’re going to draw the line.”

Ms. Kelly then said:

“But Congresswoman, and let me just press you on this because that’s what the Constitution says, OK, you’ve got to give the number of people in your home. But as you know in this country we don’t live just by the Constitution; we have laws that people like you passed – and the US code – and I have it – says and the Census Bureau has got a point –  it says that anybody whoever over 18 years of age who refuses or willfully neglects to answer any of the questions on the schedule submitted to him in connection with the census shall be fined not more than $5000 dollars.  So that’s a law on the books. So why don’t you try to change the law as opposed to defying the one that already out there?”

So! Do you see? The federal government demands answers to questions which the Constitution does not permit them to ask, in order to administer programs which the Constitution does not authorize them to administer; and then they threaten you with a $5,000. fine if you don’t submit to their unconstitutional acts!  That is the Rule of Men.

Under the Rule of Law – The Constitution – they may ask no more than the number of persons who reside in your home.  That is all WE THE PEOPLE authorized them to ask at Art. I, Sec. 2, clause 3; hence, that is all that they may lawfully ask.  When they exceed the powers granted to them in The Constitution, they usurp powers and act lawlessly.

Alexander Hamilton understood that the People [that's us] are the “natural guardians of the Constitution”, and he expected us to be “enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority” (The Federalist No. 16, 10th para).

Hamilton also said that acts of the federal government which are not pursuant to its constitutional powers are “merely acts of usurpation, and will deserve to be treated as such.” (The Federalist No. 33, 7th para). This is what it means to stand up for the Rule of Law!   Shall we defend our Constitution?  Many of us are already sworn by Oath to do so: Art. VI., clause 3.  Or will we cooperate with the lawless and bullying federal government in subverting it?

March 9, 2010


[i] This reflects the Biblical model where the king is under the Law of God. The king is never the source of Law!  See, e.g., Deut 17:18-20; 2 Kings 22:8-13, 23:1-3; and the passages where the prophets rebuked the kings). See also the classic work on political philosophy, Lex, Rex, or The Law And The Prince, by Samuel Rutherford (1644).  For the covenantal nature of civil government, see citations at footnote 5 at http://publiushuldah.wordpress.com/2009/06/29/us-criminal-code/

[ii] See also Federalist No. 39 (3rd para from end) “…the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects…”; Federalist No. 14 (8th para) “…the general [federal] government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects…” & Federalist No. 27 (last para) “…It merits particular attention in this place, that the laws of the Confederacy [the federal government], as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land…Thus the legislatures, courts, and magistrates, of the respective members, will be incorporated into the operations of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS…” [italics added; caps in original]

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March 9, 2010 Posted by | Rule of Law | 15 Comments

   

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