Natural Law, or God’s Law, should be the foundation of municipal law.
Key 5 Analysis
The Founders established the United States of America on a Biblical foundation of law and government–God’s Law. They did not believe that laws should be arbitrary. They should be standard; fixed, absolute and established on eternal truths. The Founders were well read. The Bible was a primary source for studying law and government. They also read the works of ancient and current philosophers, political scientists and thinkers. We will mention several of these.
The Founders understood the importance of the Bible and God’s Laws. They believed that God’s Laws should be the foundation of law and government. Interestingly, a comprehensive research project was conducted and their astonishing report was published in 1984:
Two professors, Donald S. Lutz and Charles S. Hyneman, have reviewed an estimated 15,000 items, and closely read 2,200 books, pamphlets, newspaper articles, and monographs with explicitly political content printed between 1760 and 1805. They reduced this to 916 items, about one-third of all public political writings longer than 2,000 words.
From these items, Lutz and Hyneman identified 3,154 references to other sources. The source most often cited by the founding fathers was the Bible, which accounted for 34 percent of all citations. The fifth book of the Bible, Deuteronomy, because of its heavy emphasis on biblical law, was referred to frequently.
John Eidsmoe pp.51-53 Christianity and the Constitution
Outside of the Bible with 34%, the next most cited Thinkers were Baron Charles Montesqieu of France (1689-1755) 8.3%, followed by Sir William Blackstone of England(1723-1780) 7.9%, and British philosopher John Lock (1632-1704) 2.9%. John Eidsmoe states, “The most cited thinkers were not deists and philosophers, but conservative legal and political thinkers who often were also Christians.” Many of their ideas also came from the Bible.
John Eidsmoe says that Montesqieu’s main contribution to the thinking of the founders was the concept of separation of powers between legislative, executive, and judicial branches of government. Montesqieu believed all law has its source in God, as he says in his book The Spirit of Laws: “God is related to the universe, as Creator and Preserver; the laws by which He created all things are those by which He preserves them.” Eidsmoe states that laws made by men must conform to the eternal laws of God. Montesqieu continues, “Particular intelligent beings may have laws of their own making, but they likewise have some which they never made…Before laws were made, there were relations of possible justice. To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the describing of a circle all the radii were not equal.” (quoted by John Eidsmoe p. 54 Christianity and the Constitution)
Blackstone is noted for literary quality and for his legal and historical scholarship. His famous Commentaries on the Laws of England are considered the most famous treatise on common law. John Eidsmoe states, “Blackstone’s God centered view of law is out of fashion in today’s legal community.” The founding fathers adopted three major points from Blackstone. The first was that all law has its source in God. This point recognized two categories of law; one category is the law of nature and another category is revealed law, the law of God as found in the Bible. The second point was the role of judges. Blackstone taught that the judges discover and apply law; they do not “make” law. The third point was his expert systematizing of the common law of England. Eidsmoe states it thus: “The common law of England is generally founded on biblical principles. The Anglo-Saxon Alfred the Great, for example, started his legal code with a recitation of the Ten Commandments and excerpts from the Mosaic law.” (see John Eidsmoe Christianity and the Constitution pp. 56-59)
Locke was the British philosopher and political theorist. His best-known works are “Essay concerning Human Understanding” and his two treatises “On Civil Government.” According to John Eidsmoe “He was a staunch and fervent Christian. He placed a higher value on human reason than most orthodox Christians; but he used his powers of reason to arrive at Christian truths. According to his understanding of original sin, children are born neither good nor bad, but rather with a ‘tabula rosa’ or ‘blank slate’ upon which good or bad can be written during life. … He was a pious man, and always held a high view of Scripture. Locke studied the Bible extensively… Locke frequently cited the Bible in his political writings. …Lock made two major contributions to the thinking of America’s founding fathers. The first was his doctrine of natural law and natural rights which … he based both of these concepts on Scripture: ‘Human Laws are measures in respect of Men whose Actions they must direct, albeit such measures they are as have also their higher Rules to be measured by, which Rules are two, the Law of God, and the Law of Nature; so that Laws Human must be made according to the general Laws of Nature, and without contradiction to any positive Law of Scripture, otherwise they are ill made.’ ” (see John Eidsmoe Christianity and the Constitution pp. 60-62)
Another favorite political philosopher of the Founders was Marcus Tullius Cicero. Dr. Skousen explains about Cicero in his book, The Five Thousand Year Leap, pgs. 38-40.
Dr. William Ebenstein of Princeton says: “The only Roman political writer who has exercised enduring influence throughout the ages is Cicero (106-43 B.C.) . . . Cicero studied law in Rome, and philosophy in Atherns . . . He became the leading lawyer of his time and also rose to the highest office of state [Roman Consul]. 43 B.C. Cicero was murdered by the henchmen of Antony, a member of the triumvirate set up after Caesar’s death.”
Marcus Tullius Cicero: “True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions . . . It is a sin to try to alter this law, nor is it allowable to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, by one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst punishment.” Quoted in Ebernstein, Great Political Thinkers, p. 133.
Cicero also talks about the divine gift of reason. Mental processes are a divine endowment from the Creator.
“The animal which we call man, endowed with foresight and quick intelligence, complex, keen, possessing memory, full of reason and prudence, has been given a certain distinguished status by the Supreme God who created him; for he is the only one among so many different kinds and varieties of living beings who has a share in reason and thought, while all the rest are deprived of it. But what is more divine, I will not say in man only, but in all heaven and earth, than reason? And reason, when it is full grown and perfected, is rightly called wisdom. Therefore, since there is nothing better than reason, and since it exists both in man and God, the first common possession of man and God is reason. But those who have reason in common must also have right reason in common. And since right reason is Law, we must believe that men have Law also in common with the gods. Further, those who share Law must also share Justice; and those who share these are to be regarded as members of the same commonwealth. If indeed they obey the same authorities and powers, this is true in a far greater degree; but as a matter of fact they do obey this celestial system, the divine mind, and the God of transcendent power. Hence we must now conceive of this whole universe as one commonwealth of which both gods and men are members. Ibid
Dr. W. Cleon Skousen, The Five Thousand Year Leap Pgs 38-40
Quotes
Righteousness exalteth a nation but sin is a reproach to any people… Proverbs 14:34
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“The laws of nature are the laws of God, whose authority can be superseded by no power on earth.” George Mason 1772 An address before the General Court of Virginia.
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Men must choose to be governed by God, or condemn themselves to be governed by tyrants. William Penn
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Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters. Benjamin Franklin
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The propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained. Pres. George Washington Inaugural Address April 30, 1789
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It is the duty of every man to render to the Creator such homage . . . Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governor of the Universe. James Madison
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All laws, however, may be arranged in two different classes. 1) Divine. 2) Human…But it should always be remembered that this law, natural or revealed, made for men or for nations, flows from the same Divine source: it is the law of God…Human law must rest its authority ultimately upon the authority of that law which is Divine. James Wilson 1804, Signer both D. of I. & the Constitution, an original U.S. Supreme Court Justice.
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The law…dictated by God Himself is, of course, superior in obligation to any other. It is binding over all the globe, in all countries, and at all times. No human laws are of any validity if contrary to this. Alexander Hamilton Feb 23, 1775
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“The transcendent law of nature and of nature’s God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed.” James Madison
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You have rights antecedent to all earthly governments: rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the universe. John Adams
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“This law of nature, being co-eval with mankind and dictated by God Himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these.” William Blackstone
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“The moral principles and precepts contained in the Scripture ought to form the basis of all our civil constitutions and laws. All the miseries and evil men suffer from vice, crime, ambition, injustice, oppression, slavery, and war, proceed from their despising or neglecting the precepts contained in the Bible.” Noah Webster
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Let it simply be asked where is the security, for property, for reputation, for life, it the sense of religious obligation desert the oaths which are the instruments of investigation in the Courts of Justice? George Washington Farewell address.
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October 19, 1789 1st Chief Justice John Jay took an oath which ended with the words “so help me God” as required by the Judiciary Act of 1789 under which our first federal judiciary was organized. Roy Moore So Help Me God, p.138 Documentary History of the Supreme Court of the United States 1789-1800 vol. 2, 284
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“The greater part of evidence will always consist of the testimony of witnesses. This testimony is given under those solemn obligations which an appeal to the God of Truth impose; and if oaths should cease to be held sacred, our dearest and most valuable rights would become insecure.” John Jay June 25 1792 To grand jury in Vermont.
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“. . . to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them. We hold these truths to be self evident that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, & the pursuit of happiness. To secure these rights, governments are instituted among men deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends it is the right of the people to alter or abolish it and institute new government, laying its foundation on such principles and organizing its powers in such form as is most likely to affect their safety and happiness.” Declaration of Independence
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“True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions . . . It is a sin to try to alter this law, nor is it allowable to repeal any par of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, by one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst punishment.” Marcus Tullius Cicero Quoted in Ebernstein, Great Political Thinkers, p. 133. (Quoted by Dr. W. Cleon Skousen, The Five Thousand Year Leap Pgs 38-40)
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“The animal which we call man, endowed with foresight and quick intelligence, complex, keen, possessing memory, full of reason and prudence, has been given a certain distinguished status by the Supreme God who created him; for he is the only one among so many different kinds and varieties of living beings who has a share in reason and thought, while all the rest are deprived of it. But what is more divine, I will not say in man only, but in all heaven and earth, than reason? And reason, when it is full grown and perfected, is rightly called wisdom. Therefore, since there is nothing better than reason, and since it exists both in man and God, the first common possession of man and God is reason. But those who have reason in common must also have right reason in common. And since right reason is Law, we must believe that men have Law also in common with the gods. Further, those who share Law must also share Justice; and those who share these are to be regarded as members of the same commonwealth. If indeed they obey the same authorities and powers, this is true in a far greater degree; but as a matter of fact they do obey this celestial system, the divine mind, and the God of transcendent power. Hence we must now conceive of this whole universe as one commonwealth of which both gods and men are members. Marcus Tullius Cicero Quoted in Ebernstein,Great Political Thinkers, p. 133. (Quoted by Dr. W. Cleon Skousen, The Five Thousand Year Leap Pgs 38-40)
