5 Ultimate Power and the Law
Ultimate Power, Judicial Authority and the Law September 30, 2012
Introduction: -
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Our need to keep focused on the Kingdom of God and His righteousness and all of “these things” will be added unto us. We need to be praying for God’s Kingdom first. The gates of Hell will not prevail against Jesus’ Kingdom and the Church in this present world. The church is an “embassy.” We need to be Ambassadors (2 Cor. 5:20). We don’t bring in the Kingdom, but we do reveal it to this world and await for us to receive it! Spend time praying. My experience with geometry. If I don’t lay a framework and I sleep through that, I will miss out on the bigger issues. Many nations have taken various positions on who should rule a nation. From monarchies to a prime minister to a president to anarchy. Where is our ultimate power found in our nation?
A. The Law should have ultimate power in a nation. 1. When people have ultimate power, corruption is a necessary result.
“Power tends to corrupt, and absolute power corrupts absolutely.” – Lord Acton (Letter to Bishop Mandell Creighton, Apr. 3, 1887). Read recently: “The notion that the world is inherently unjust is an excuse used by those unwilling to change and create a just world.” Is that correct? Negative Examples of Rulers: Exodus 1:8-11, 2 Chronicles 10:15, Acts 12:1-2 Examples of limited power: King David with Bathsheba (2 Sam. 11-12), Deut. 17:19, Acts 15:22
2. In America, the constitution is the Law that everyone is to abide by.
The Legislative and Judicial branches are to hold one another accountable to the constitution. Legislative makes laws; judicial states whether the laws are in keeping with the constitution. If the constitution does not speak on a matter, the people are to vote and the congress is to enact laws that are accountable to the people. Good, logical reason for this: Separation of powers (a student grading his own paper is like Congress passing laws and saying they’re good); Accountability for people; the Law rules (amendments require a 2/3 vote of both houses of Congress and then ratifications by the legislatures of ¾ of the states or a constitutional convention requested by the legislatures of 2/3 of the states, with changes then ratified by the legislatures of ¾ of the states. Makes sense that there has only been 27 amendments
and the last one was in 1992. – see page 127 in Politics for more info.) Protection from a fundamental change, protection from a biased minority B. The Bible reveals that judges should submit to the Law 1. Judges are to judge in adherence to the Law (Ezek. 44:24, Acts 23:3, Ezra 7:25-27). 2. Judges must not show partiality or take bribes (takes away the foundation for submission to the Law; Deut. 16:18-20, Exod. 20:15, Exod. 22:1 – give an example from this verse; Exod. 23:3, Exod. 23:6, Exod. 23:8, Lev. 19:15, Deut. 1:17, Prov. 17:26) C. What has happened in the United States? Remember Jeremiah 29:7 1. The Supreme Court realized they could have unlimited power. [S.C. members are not voted in, but placed in by the president, and are there for life.] They could create a new law and call it an interpretation of the Constitution. • Example of Roe v. Wade – Does the constitution say anything about abortion? How can it be considered constitutional if it is not referenced in the constitution? But, the constitution does mention certain cases like this. In the 14th Amendment – specifically written about slaves and their descendants – we read, “Nor shall any State deprive any person of life, liberty, or property, without due process of law.” Woman wants an abortion. If there’s no law against it, the state can’t do anything about it per se until they’ve gone through the proper, lawful frameworks. But, the Supreme Court said that this means that the states can’t say abortion is against the US. The S.C. made a law that did not exist and re-interpreted the constitution. [Justice White wrote: “I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. . .” (dissent, in Doe v. Bolton, announced together with Roe v. Wade on Jan. 22, 1973). • Like a child saying to his teacher that he is right no matter what the teacher says. He reinterprets the teachers words and says, “Well, if you mean this, then I was right. . . .” The people cannot touch the members of the Supreme Court. 2. Various laws have been enacted without due process of the Law. Freedom of religion – 1971, government “must not have the primary effect of either advancing or inhibiting religion.” Where is that in the Constitution? “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The constitution says “establishment of religion” not “religion” in general. Results have been no prayers in school activities, non-creation science in schools, public monuments with religious wording being taken down. We need to exercise religious freely. Parents don’t even have say on what could or should be said in schools.
This is not in keeping with the will of the people when 90% of Americans believe there is a God who exists. Private property – Kelo v. City of New London. Eminent Domain to transfer private land to another private owner. Fifth amendment says, “Nor shall private property be taken for public use without just compensation.” What did that mean historically? Public use was the usage of the government – railroads, highways, roads. Now, the S.C. said that the Amendment makes allowances for a private owner to make a profit on someone else’s property as long as they think it is for the overarching good of the community. (see 1 Kings 21:17-19) Marriage Laws – Boy Scouts (had an official statement against homosexual relationships; if 1 justice voted differently then they would have had to allow homosexual scout leaders. What would that say for churches and other religious organizations? Marriage Laws – Mass. Said that the constitution required that samesex couples be given the right to marry. It’s nowhere spoken of. In Iowa, their Supreme Court said, “A statute inconsistent with the Iowa constitution must be declared void, even though it may be supported by strong and deep-seated traditional beliefs and popular opinion” (section III, p. 13). Capital Punishment – S.C. outlawed it from 1972 to ’76 saying that the death penalty was “cruel and unusual punishment” violating the 8th amendment. Yet, other amendments mention capital punishment. So, how is the death penalty unconstitutional? In 2008 they said that the death penalty should not be allowed in cases where a person’s life is not taken. Maybe many people would agree with this, but is this the Supreme Court’s job to create a law like that where the constitution does not mention this?
D. Significant Christian Influence means we ought to be concerned about the judges. “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.” 1. If Christians believe in real submission to government, we would call for a biblically mandated honoring of the Constitution. 2. If Christians want to keep their freedoms to vote, we would call for clear obedience to the Constitution. Conclusion: -
Discouragement? No. First, all of this reminds me that there is One from whom all Laws flow – God (Jas. 4:12) Man’s kingdom cannot prevail against God’s Kingdom (Matt. 16:18). If suffering is ordained by God’s sovereign hand, this is for our good (Rom. 8:32-39). We wait to see our Prophet, Priest and King Jesus come in the sky!
Textbook: Grudem, Wayne. Politics According to the Bible. Grand Rapids: Zondervan.
Introduction: -
-
Our need to keep focused on the Kingdom of God and His righteousness and all of “these things” will be added unto us. We need to be praying for God’s Kingdom first. The gates of Hell will not prevail against Jesus’ Kingdom and the Church in this present world. The church is an “embassy.” We need to be Ambassadors (2 Cor. 5:20). We don’t bring in the Kingdom, but we do reveal it to this world and await for us to receive it! Spend time praying. My experience with geometry. If I don’t lay a framework and I sleep through that, I will miss out on the bigger issues. Many nations have taken various positions on who should rule a nation. From monarchies to a prime minister to a president to anarchy. Where is our ultimate power found in our nation?
A. The Law should have ultimate power in a nation. 1. When people have ultimate power, corruption is a necessary result.
“Power tends to corrupt, and absolute power corrupts absolutely.” – Lord Acton (Letter to Bishop Mandell Creighton, Apr. 3, 1887). Read recently: “The notion that the world is inherently unjust is an excuse used by those unwilling to change and create a just world.” Is that correct? Negative Examples of Rulers: Exodus 1:8-11, 2 Chronicles 10:15, Acts 12:1-2 Examples of limited power: King David with Bathsheba (2 Sam. 11-12), Deut. 17:19, Acts 15:22
2. In America, the constitution is the Law that everyone is to abide by.
The Legislative and Judicial branches are to hold one another accountable to the constitution. Legislative makes laws; judicial states whether the laws are in keeping with the constitution. If the constitution does not speak on a matter, the people are to vote and the congress is to enact laws that are accountable to the people. Good, logical reason for this: Separation of powers (a student grading his own paper is like Congress passing laws and saying they’re good); Accountability for people; the Law rules (amendments require a 2/3 vote of both houses of Congress and then ratifications by the legislatures of ¾ of the states or a constitutional convention requested by the legislatures of 2/3 of the states, with changes then ratified by the legislatures of ¾ of the states. Makes sense that there has only been 27 amendments
and the last one was in 1992. – see page 127 in Politics for more info.) Protection from a fundamental change, protection from a biased minority B. The Bible reveals that judges should submit to the Law 1. Judges are to judge in adherence to the Law (Ezek. 44:24, Acts 23:3, Ezra 7:25-27). 2. Judges must not show partiality or take bribes (takes away the foundation for submission to the Law; Deut. 16:18-20, Exod. 20:15, Exod. 22:1 – give an example from this verse; Exod. 23:3, Exod. 23:6, Exod. 23:8, Lev. 19:15, Deut. 1:17, Prov. 17:26) C. What has happened in the United States? Remember Jeremiah 29:7 1. The Supreme Court realized they could have unlimited power. [S.C. members are not voted in, but placed in by the president, and are there for life.] They could create a new law and call it an interpretation of the Constitution. • Example of Roe v. Wade – Does the constitution say anything about abortion? How can it be considered constitutional if it is not referenced in the constitution? But, the constitution does mention certain cases like this. In the 14th Amendment – specifically written about slaves and their descendants – we read, “Nor shall any State deprive any person of life, liberty, or property, without due process of law.” Woman wants an abortion. If there’s no law against it, the state can’t do anything about it per se until they’ve gone through the proper, lawful frameworks. But, the Supreme Court said that this means that the states can’t say abortion is against the US. The S.C. made a law that did not exist and re-interpreted the constitution. [Justice White wrote: “I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. . .” (dissent, in Doe v. Bolton, announced together with Roe v. Wade on Jan. 22, 1973). • Like a child saying to his teacher that he is right no matter what the teacher says. He reinterprets the teachers words and says, “Well, if you mean this, then I was right. . . .” The people cannot touch the members of the Supreme Court. 2. Various laws have been enacted without due process of the Law. Freedom of religion – 1971, government “must not have the primary effect of either advancing or inhibiting religion.” Where is that in the Constitution? “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The constitution says “establishment of religion” not “religion” in general. Results have been no prayers in school activities, non-creation science in schools, public monuments with religious wording being taken down. We need to exercise religious freely. Parents don’t even have say on what could or should be said in schools.
This is not in keeping with the will of the people when 90% of Americans believe there is a God who exists. Private property – Kelo v. City of New London. Eminent Domain to transfer private land to another private owner. Fifth amendment says, “Nor shall private property be taken for public use without just compensation.” What did that mean historically? Public use was the usage of the government – railroads, highways, roads. Now, the S.C. said that the Amendment makes allowances for a private owner to make a profit on someone else’s property as long as they think it is for the overarching good of the community. (see 1 Kings 21:17-19) Marriage Laws – Boy Scouts (had an official statement against homosexual relationships; if 1 justice voted differently then they would have had to allow homosexual scout leaders. What would that say for churches and other religious organizations? Marriage Laws – Mass. Said that the constitution required that samesex couples be given the right to marry. It’s nowhere spoken of. In Iowa, their Supreme Court said, “A statute inconsistent with the Iowa constitution must be declared void, even though it may be supported by strong and deep-seated traditional beliefs and popular opinion” (section III, p. 13). Capital Punishment – S.C. outlawed it from 1972 to ’76 saying that the death penalty was “cruel and unusual punishment” violating the 8th amendment. Yet, other amendments mention capital punishment. So, how is the death penalty unconstitutional? In 2008 they said that the death penalty should not be allowed in cases where a person’s life is not taken. Maybe many people would agree with this, but is this the Supreme Court’s job to create a law like that where the constitution does not mention this?
D. Significant Christian Influence means we ought to be concerned about the judges. “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.” 1. If Christians believe in real submission to government, we would call for a biblically mandated honoring of the Constitution. 2. If Christians want to keep their freedoms to vote, we would call for clear obedience to the Constitution. Conclusion: -
Discouragement? No. First, all of this reminds me that there is One from whom all Laws flow – God (Jas. 4:12) Man’s kingdom cannot prevail against God’s Kingdom (Matt. 16:18). If suffering is ordained by God’s sovereign hand, this is for our good (Rom. 8:32-39). We wait to see our Prophet, Priest and King Jesus come in the sky!
Textbook: Grudem, Wayne. Politics According to the Bible. Grand Rapids: Zondervan.
