The War Against Law
The Greek Empire tried to establish the rule of law. It failed, and the empire collapsed. The Roman Empire also tried to build a society based on law. It was unable to do so and the Roman Empire fell. Many other empires experienced the same failure.
The famous British historian Paul Johnson wrote an article titled “No Law Without Order, No Freedom Without Law.” It was printed in the Sunday Telegraph, Dec. 26, 1999. In it he wrote (emphasis mine throughout):
The rule of law, as distinct from the rule of a person, or class or people, and as opposed to the rule of force, is an abstract, sophisticated concept. It is mighty difficult to achieve. But until it is achieved, and established in the public mind with such vehemence that masses of individuals are prepared to die to uphold it, no other form of progress can be regarded as secure. The Greeks had tried to establish the rule of law but failed. The Romans had succeeded under their republic but Caesar and his successors had destroyed it. The essence of the rule of law is its impersonality, omnipotence and ubiquity. It is the same law for everyone, everywhere—kings, emperors, high priests, the state itself, are subject to it. If exceptions are made, the rule of law begins to collapse—that was the grand lesson of antiquity.
Yes, “that was the grand lesson” of history. But have we learned that lesson? Failure to do so means we pay the supreme sacrifice—loss of our republic.
The continual problem of man has been his failure to learn from history.
Are “masses of individuals … prepared to die” to uphold America’s rule of law? Mr. Johnson states that this is our only security!
In many cases our people are confused about what the law is. And many others want to change our laws, including our constitutional law.
Who is going to be willing to die for such confusion? Will such a deeply divided people sacrifice their lives for our republic and the rule of law?
Our people in Britain and America lack the will to even sacrifice a few soldiers’ lives to fight a ground war. Our generals know that we lack the will to win any hard-fought battle—even if it directly relates to our own freedom. For example, we had to be bombed into World War ii. Even one of the most diabolical leaders in history, Adolf Hitler, could not rouse us to fight until we were bombed by Japan.
We are not prepared to die to defend our security, as we were in our past. This is the supreme sign that our will has been broken—and that our republic cannot stand.
Our forefathers were willing to die to establish the rule of law. Many Americans died in the civil war to sustain our constitutional law.
How different they were from our people today!
Our Forefathers’ Goal
Early immigrants who came to this land were often persecuted in the countries they left. They usually lacked religious freedom.
“[B]oth in Virginia and in New England to the north, the colonists were determined, God-fearing men,” Mr. Johnson wrote, “often in search of a religious toleration denied them at home, who brought their families and were anxious to farm and establish permanent settlements. They put political and religious freedom before riches …. Thus took shape the economic dynamo that eventually became the United States—an experiment designed to establish the rule of God on Earth …” (ibid.).
What a goal. They planned to establish the rule of God on Earth! That means they had the goal of each person keeping the Ten Commandments of God—the basis of all righteous law.
How many Americans are willing to face that reality? Not many. Because then we would have to see that we often fight not to establish law, but to promote lawlessness!
Consider some statements from the Founding Fathers. In his first inaugural, President George Washington said, “The foundations of our national policy will be laid in the pure and immutable principles of private morality.” And in his famous farewell address he said, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.” Without religion and morality, Washington knew the American experiment was doomed to fail. John Adams backed him up: “Statesmen may plan and speculate for liberty, but it is religion and morality alone which can establish the principles upon which freedom can securely stand.” Religion and morality are firmly rooted in divine law.
In 1954, Supreme Court Chief Justice Earl Warren wrote, “I believe the entire Bill of Rights came into being because of the knowledge our forefathers had of the Bible and their belief in it.”
What political or religious leaders would make such statements as these men did? Even the politicians who established our republic were more spiritual than most of our religious leaders today!
The Constitution is the foundation of our republic. And the Ten Commandments were, in many ways, the foundation of the Constitution. Our forefathers believed that if we didn’t keep God’s Ten Commandments, our republic would collapse!
We will pay a dear price for taking those words of our founders lightly.
It was much harder for our Founding Fathers to spill streams of blood winning our freedom, and to create and establish our constitutional law, than it is for us just to maintain it! So we ought to respect our Founding Fathers above ourselves. But we are too vain and arrogant to see how profoundly strong they were and how pathetically shallow and weak we are.
The Constitution was based to a great extent on God’s law. That is why I believe it is the most noble document ever written by a government of this world.
What a rare document it is. Our forefathers had the awesome opportunity to establish the rule of God in the wealthiest country ever. So they established a Constitution to protect all of us from the extremes of human reason. Tyrants, unjust judges and biased leaders were controlled by this law.
Did our Founding Fathers know that the Bible interprets itself? To some extent, I believe they did. And they probably patterned the Constitution after the Bible, in that sense. The Constitution is a document that interprets itself probably better than any book or document, other than the Bible.
We see indescribable confusion about the Bible today. Why? Because people won’t let it interpret itself!
We received some foundational direction from Britain’s Magna Carta. But Britain has no Constitution.
Our persecuted forefathers wanted their protection spelled out in detail. They had suffered intensely at the hands of tyrants. Such tribulation deepens a people’s understanding about the value of freedom.
Will we have to experience indescribable tribulation before we can appreciate our freedom, which is given to us by the rule of law?
The Bork Nomination
When Robert Bork was appointed to the U.S. Supreme Court by President Ronald Reagan, it created a firestorm in Congress, and he failed to get confirmed. Shortly thereafter, he wrote The Tempting of America, which I believe is the best book about constitutional law in a century—perhaps ever.
Mr. Bork believes we are more than halfway along in the destruction of our Constitution. If he is right, our republic is in grave danger.
We live today in a culture that is becoming much more anti-law and anti-God.
If the Constitution is to be rewritten, it should be done only by our legislative branch, or Congress, and the president, or the executive branch. If they err, these leaders are subject to the voters. But that is not true of the judicial branch—the courts. The U.S. Supreme Court justices are selected for life by the president.
Our forefathers designed the Constitution that way so the U.S. Supreme Court justices would not be so concerned about the people when unpopular judgments had to be made. The Supreme Court justices are subject only to constitutional law—not the voters!
Their job is to interpret the law—or better, to let the law interpret itself. They have no authority to rewrite the law. If they rewrite the law, it’s almost impossible to correct the error.
Law schools routinely teach about being “legal realists.” Like former Vice President Al Gore, they want an “evolving Constitution.” But this reasoning gives the judges despotic powers. It also takes us away from the foundational law established by our forefathers.
Then why do our politicians allow it? The president and Congress often like the judges to do this, if the decisions are favorable to their views and they know their views will not be approved by the voters. Still, the judges are taking power from the legislature and the executive branches as they rewrite the Constitution.
Our politicians simply lack the vision to see how disastrous this process is. It is based on selfish lawlessness—not law!
The Supreme Court justices are gaining dictatorial powers, and none of them were voted into their offices or approved by the people. The democratic process is being destroyed. That means we cannot maintain the rule of law. As a result, our future is very black indeed.
Usually the people know very little about how the law works. But they know enough to lose respect for our governmental institutions. They also lose interest in the whole political system.
As a result, they end up doing what our predecessors in ancient Israel did. “In those days there was no king in Israel: every man did that which was right in his own eyes” (Judges 21:25). This is the history of our own people. And the book of Judges is a part of the biblical books called the former prophets. That means it is prophecy for this end time.
Today, we have no king or president or real authority figure that we look to for leadership. And that means we are a nation without strong leadership. The same is true of Britain.
No ship of state can find its way to a safe harbor without a captain to guide it. That is exactly the way it was in ancient Israel just before it was conquered! And that is exactly where America and Britain are today! There is no leader who can or will establish the rule of law. This sad state of affairs was also prophesied in Isaiah 3:1-5. In this prophecy, our leaders are likened to children!
What most people don’t see is that we are destroying the rule of law. And history tells us that our republic cannot stand as a result.
Those in the media are a big part of the liberal culture—about 80 percent of them. The destroying of our constitutional republic would not be possible without their support. All too often they are deceived, and in turn they have the power to deceive our citizens.
Mr. Bork relates how the Constitution is the big trump card in American politics. Today it is being used by the liberal culture to force their unlawful ideas on people!
The great heresy being taught in our law schools is that the judges are not bound by law. Some are saying the Constitution isn’t even law!
That means we are being led by the human reasoning of a liberal culture.
That is often the opposite of establishing the rule of law. Again, history reveals that empires are destroyed if they fail to establish the rule of law. But the liberal culture often has contempt of history and our Founding Fathers. These liberals foolishly rely on their own reasoning, which is not grounded in foundational law.
The founders of the Constitution put in place the walls, roofs and beams of our Constitution, as Mr. Bork said. The judges’ purpose is to preserve the architectural features—adding only filigree or ornamental work. Instead, the lawyers and judges are changing the very structure of our representative democracy.
The Constitution is being altered dramatically. And it is the foundation of our republic! We are experiencing a constitutional earthquake, and most of our people don’t even know it—yet. Your future is being changed for you, and often you have no input.
This process is sure to lead to anarchy! That is why you and I should be deeply concerned.
Law scholars today don’t believe the Constitution was “rooted in objective and unchanging truth”—that is, they don’t believe our founders established the rule of law. But that’s just what the founders did. And now most lawyers and judges reject their foundational work.
Our views today reflect a deadly degeneration into lawlessness!
The liberal culture in politics wants a “living Constitution.” Mr. Bork stated that many liberals imply the Constitution is dead. They don’t want unchanging truth, established 200 years ago, to direct their lives.
The liberal religious culture similarly wants a “living Bible.” Their “intelligence” demands that they adapt the Bible to modern times—even though every word was inspired by God (Matthew 4:4).
Most religions preach that God’s law was done away, in spite of what Jesus said in Matthew 5:17-18: “Think not that I am come to destroy the law, or the prophets: I am not come to destroy, but to fulfil. For verily I say unto you, Till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled.” Christ came to fulfill, or fill, the law to the full. He essentially was saying every t must be crossed and every i dotted. Still, many thought, and still think, that He came to destroy the law. They refuse to believe the truth!
Christians are supposedly people who follow Christ, the Lawgiver. That is how they got their name “Christian.” But whether secular or religious, we are racing into lawlessness, and our nation is plunging toward disaster. Any good history book will show us that!
The Bible should be even more convicting. Study it and see the deadly danger of lawlessness. When the new U.S. government was established, Benjamin Franklin said that we have “a republic, if you can keep it.” Mr. Franklin knew America’s future hinged on the people’s love for the law!
But we have pursued the path of lawlessness, and it’s taking us toward catastrophic ruin!
Thankfully, there is good news. The Bible clearly shows Jesus Christ’s Second Coming occurs at a time when lawlessness prevails. Christ is about to return, and our lawless society is evidence of that fact! When He does, the wonderful rule of God’s law is about to be established forever!
For more information about law, and its centrality to national and individual success and happiness, please read No Freedom Without Law.