The Founders' Awareness of the Sinful Nature of Man and How It Relates to the U.S. Constitution

-

 



The Founders' View

James Madison once said, "What is government itself but the greatest of all reflections on human nature?" In other words, a country's general view about the nature of man has a direct impact on the form of government that manifests for that country. For example, the rise of the Soviet Union in Russia led to a major degeneration of religious thought and practice in government, as well as within the life of the commoner; The Soviet government wanted to break any tie between man and God's divine authority, to justify their hyper-authoritarian concentration of power.

Our founders had the opposite idea. The United Sates was founded upon Christian principles with the understanding that God's law reigns above all else. Beliles and Anderson writes, "Our Founders, while not all Christian, firmly believed in the Biblical ideas of man and government implicit in a Christian union. They believed man’s sinful nature meant that he should not be entrusted with too much power, even if he was regenerated through the blood of Jesus Christ." If we can agree that the Word of God should supersede any Will of man, then why would we give any more power, than need be, to any man/mortal being? We wouldn't and shouldn't. The government exists to fulfill the Will of God under Christian principles. Nothing more.

Constitutional Structures

Not only did our founders understand the importance of the Christian religion within our society, they built a number of constitutional structures in which the Bible is the basis. These structures allowed our government to function as a medium for God's Will, which include representative government, separation of powers, federalism, prohibition of government involvement in religion, education, and media, and permanent union. 

The concept of a representative government didn't manifest out of thin air. We can pull examples of this concept straight out of the Bible. For example, in 1 Timothy 3 and Titus 1:6-9, the churches were advised to choose elders and representatives, or deacons, and to do so applying qualifications that God had given them. In the U.S. Constitution, specifically Article IV, it states that the federal government shall guarantee that each state has, "a republican form of government." According to Noah Webster, a Republic is form of government in which, "exercise of sovereign power is lodged in representatives elected by the people."

The concept of separation of powers also exists with Biblical roots.  According to Isaiah 33:22, "the Lord is our judge; the Lord is our lawgiver; the Lord is our King." The trinity presented in this passage is identical to the trinity, or three branches of government, set by our founders, the judicial, legislative, and executive. This was intentional. With the understanding of the sinful nature of man, came the understanding that this sinful nature should not possess too much power. Governmental power should be split and allowed to be checked and balanced by one another in order to prevent corruption and tyranny.

Federalism, like the separation of powers, sought to further divide governmental power, specifically between the national, state, and local levels. The federal government is only delegated specific powers over the others. However, all non-delegated powers are granted to the states via the 10th Amendment. We can see a similar form of dual government in the Bible. Beliles and Anderson writes, "The great bulk of power in church government resided at the local level, in each congregation’s local presbytery of elders . . . Yet there was also a limited measure of authority exercised by the apostles and prophets in the mother church at Jerusalem, which was binding on the local churches."

The prohibition of government within certain aspects of society was a deliberate action by our founders to establish a limited government, granted with only 18 delineated responsibilities. The Constitution makes it clear that it is the people of this country that delegate the power of government, and the only power the government possesses is what it has been delegated. Biblically, we can study the book of Deuteronomy in which the government of Israel is described to have limited powers over the country.

Finally, the concept of a permanent union between the states has been established by the founders through the Constitution. This union can be compared to the Biblical accounts of union when reading about marriage or Church. However, in order to have a successful external union between federal and state governments, there must also be a successful internal union between the individuals residing within the country; Specifically, there needs to be an ideological understanding between countryman where we recognize the divine authority of God despite our differences

Table of Authorities

Anderson, Mark A. Beliles, Douglas S.Contending for the Constitution: Recalling the Christian Influence on the Writing of the Constitution and the Biblical Basis of American Law and Liberty. Providence Foundation, 2005. [Liberty University Online Bookshelf].

Comments

Post a Comment

Popular posts from this blog

Scenario: Minnesota Law (w/ Case Briefs, Statute Explanation, and Table of Authorities)

-
Image
Scenario The managing partner at your Minnesota law firm wants you to research and provide information concerning a minor’s lack of capacity to enter into a binding contract. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. 1. Ramsey Cnty. v. Guardian Ad Litem, 853 N.W.2d 813 (Minn. Ct. App. 2014). 2. Winter v. Skoglund, 404 N.W.2d 786 (Minn. 1987). 3. O'Brien Ent. Agcy. v. Wolfgramm, 407 N.W.2d 463 (Minn. Ct. App. 1987). She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning a minor’s lack of capacity. 1. MINN. STAT. ANN. § 645.45 (West 2016). 2. MINN. STAT. ANN. § 524.2-501 (West 2016). After you have located those four cases and two statutes, please provide one case brief for each case, for a total of four case briefs. Also, please provide an explanation for each statute. Minnesota Case Briefs and Statute Breakdown Citation: Ramsey Cnty. v. Guardi...
Read more

Client Letter: King v. Sunny Days Resort

-
Image
  The Law Offices of Patrick, Swayze, and Zimmerman 751 Main Street Friendly, New Washington 00065 (200) 444-7778 • FAX 444-7678 • www.patricklaw.com October 15, 2021 Ms. Esther King 139 Main Street Friendly, NW 00065 Re: King v. Sunny Days Resort Dear Ms. King: The purpose of this letter is to inform you of the status of your case and summarize the law with regard to the facts of your case. Our law office has decided to take your case since we believe that a bailment was created when your sunglasses were left at the front desk of the Sunny Days Resort. In order to determine whether or not a bailment was created, there are two elements that the court will apply to the facts of your case - possession and an intent to physically control your sunglasses were present at the time. Possession occurs when one has physical control over another’s property and an intent to exercise that control. In Morris v. Hamilton , possession occurred when Morris decided to physically tak...
Read more

Attorney vs. Paralegal: Rules of Ethics & Professional Obligations

-
Image
Ethics for the Attorney and Paralegal The ethical foundation set in place for both attorneys and paralegals is an ever increasing matter of importance. Direct state regulation and regulation by state bar associations, like the ABA, continue to issue guidelines. Though their regulations and ethical obligations are very similar, the paralegal and the attorney vary slightly. For instance, paralegals are not directly regulated by the state, with the exception for California where it is required to meet specific educational requirements to be a practicing paralegal. The ethical codes and regulations that are set in place for attorneys indirectly affect the paralegal. For the most part, all states ethical codes are based directly off of the revised ABA canons: The Model Code for Professional Responsibility and the Model Rules for Professional Conduct . Lastly, even though paralegals are not being directly regulated does not mean that a violation of a rule governing attorneys will not have ne...
Read more