Opinion
By Judge John Marshall Meisburg, Jr.
09-19-24
The U.S. Constitution is one of the greatest documents ever written by man. It is responsible for growing the greatest nation in the history of the world – the United States of America, now 248 years old.
But how many know that our Constitution was Divinely inspired and based on many principles of the Bible? The founders of our country were deeply religious Christian men. They looked to the Holy Scriptures for inspiration for our Constitution. Our very form of government, with 3 co-equal branches, was based upon Isaiah 33:22 which reads as follows: “For the Lord is our judge, the Lord is our lawgiver, and the Lord is our king.” “Our judge” refers to the Judicial branch and the Supreme Court. “Our Lawgiver” refers to the Legislative branch and the Congress. And “Our King” refers to the Executive branch and the President. James Madison, who wrote the Constitution, said that this verse was his inspiration. The three branches are co-equal and serve as a check on each other, so no branch can become too powerful or tyrannical. This is called the separation of powers. It is a very Godly and Biblical principle that has stood the test of time. When the President becomes too powerful, as in Watergate, the Supreme Court checks his power. When the Congress writes a law that is Unconstitutional the Supreme Court rules it invalid. The separation of powers protects us from the rise of a despotic or tyrannical government. The founders also knew that Jeremiah 17:9 was true: “the human heart is deceitful above all things and desperately wicked; who can know it.” Therefore, there must be checks and balances and accountability for all men in positions of power.
Article One of the Constitution creates the Legislative Branch and the Congress. It creates the right to vote by saying that members of Congress shall be “chosen every second year by the people of the United States.” It states how a bill becomes law, and gives the Congress the power to tax and declare war. Article Two creates the Executive Branch and the Office of President. It tells how a President will be elected by Electors chosen in the states, it makes the President the Commander in Chief of the military, and it provides for impeachment for high crimes and misdemeanors. Article Three creates the Judicial Branch and the Supreme Court and inferior federal courts. It outlines the jurisdiction of the federal courts and trial by jury in criminal cases. The 3 co-equal branches have performed in an outstanding manner for over 200 years.
The Constitution begins with the famous words “WE THE PEOPLE.” This states at the very beginning that all of the power in the Constitution is vested primarily in the people of the country, not in a king or governmental body. The “powers that be”, our elected officials, only rule by the consent of the governed. As Abraham Lincoln said at Gettysburg, we are a government “of the people, by the people and for the people.”
The very concept of self-government is Biblical. In Deuteronomy 1:9-18, Moses directs the people to choose their own leaders! So, the Old Testament Hebrew form of government was clearly a republic.
Benjamin Franklin said that the Constitution gave us a “republic, if you can keep it.” Not a pure democracy, but rather a republic. The people elect representatives who govern for them, but the elected officials are always answerable to the people through fair and regular elections.
The Constitution also insures that we are a government of laws and not of men. Men and women come and go in office, but the laws of the land stand forever in our Constitution which creates great stability for the country.
The first ten amendments to the Constitution have been called the Bill of Rights. They enshrine the most important personal freedoms of our country and protect them from government action. The First Amendment guarantees our most important freedoms – freedom of religion, freedom of speech, freedom of the press, and of peaceful assembly and right to petition the government. Under the King of England, these freedoms did not exist. Christopher Columbus, the Pilgrims and Huguenots all came to America primarily in search of freedom of religion and to share the Gospel of Christ with the New World. The First Amendment insures that freedom for all time, and the Supreme Court has stated that this is our most important freedom. Freedom of speech and peaceful assembly insure that the people have the power to speak the truth and call the government to address the issues of the day. The First Amendment prohibits the government from passing laws that abridge these great freedoms.
One reason for freedom of religion was to insure that churches could operate freely and not be subject to taxation. This is based on Ezra 7:24, where God says: “You have no authority to impose taxes on any of the priests, Levites, singers, temple servants or other workers in the house of the Lord.”
The First Amendment limits government power. It says this: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; of abridging the freedom of speech; or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Some people believe that the First Amendment created a major wall of separation between church and state. But this is not correct. Congress cannot establish a state religion as in England. But, the First Amendment was written primarily to protect the church from the power of the government, to insure that the Gospel could go forth freely and that the people could exercise their faith and worship freely. Indeed, when the
First Amendment was first drafted, church services were held in the U.S. Capitol building, and the Congress was appropriating funds for the purchase of Bibles for the Native Americans. The Bible and the Ten Commandments were in full use in all of our public schools, and prayers were always said in the halls of Congress. The First Amendment was never intended to prevent the church from influencing the government, or from the government from advancing the cause of our great Judeo-Christian faith and heritage. The Supreme Court has recently issued a decision in Bremerton v. Kennedy which reaffirms the importance of religious freedom in America, and supporting government activity that comports with our history and tradition as a country.
Freedom of speech is critical to our republic. The people must have the ability to speak their mind about the issues of the day, so their Congressmen can make wise decisions. A free press, likewise, is critical to our government, to educate the people, to highlight the key issues of the day, and to hold our leaders accountable for their actions and decisions. Peaceful assembly and the right to petition are also important to bring pressure to bear on our leaders, as was seen in the Civil Rights movement and the anti-war protests. The Second Amendment gives us the right to bear arms, a fundamental right of the people to protect themselves and their family. This was not a right just for hunting animals, but a right needed to protect the people primarily from the tyranny of government, as in the Revolutionary war.
The Third Amendment protects the people from the housing or quartering of government soldiers in our homes, as was done by England in the colonies. This is based on the principle that our home is our castle, and should be free from government intrusion, which is also Biblical. The so-called “Castle doctrine” is based on Exodus 22:2 , where God says “If the thief is found breaking in (your home) and he is struck so that he dies, there shall be no guilt for his bloodshed.” And Jesus said “When a strong man, fully armed, guards his own home, his goods are in peace.” Luke 11:21. This is the Biblical basis for self-defense, which is a God-given alienable right, and is now enshrined in the Second and Third Amendments.
The Fourth Amendment protects us against unreasonable searches and seizures and warrants without probable cause, also problems in the colonies and England.
The Fifth Amendment relates to criminal cases, and protects the people from trial without indictment, double jeopardy, self-incrimination and property seizure. This insures fairness for the people, insures that criminal charges must be proven by the state beyond a reasonable doubt, that people charged may remain silent if charged, and cannot be charged twice for the same offense. The concept of double jeopardy is based on Ezra 1:9 which states: “Whatever they plot against the Lord, He will bring to a complete end; He will not need to strike twice.”
The Sixth Amendment guarantees the right to a speedy trial, the right to be informed of charges, the right to confront witnesses, the right to call witnesses, and the right to legal counsel. This is all called procedural due process, and is fully supported by Scripture. The Bible says that every charge must be proven by the testimony of two or three witnesses, as stated in Deuteronomy 17:6.
The Seventh Amendment guarantees the right to trial by jury. This gives power to the people. Common law at the time provided for 12 men and women on a jury of your peers, and that a verdict be unanimous to deprive you of liberty. The number 12 in the jury is Biblical. In the Bible, the number 12 signifies perfection and order and government. There are 12 months in the year, there were 12 tribes of Israel. Jesus chose 12 apostles. And there are 12 fruits on the tree of life Revelation 22:2; Genesis 49:28; Matthew 10:1-4; Mark 3:14-19; Luke 6:13-16; Acts 1:15-26.
The Eighth Amendment protects the people from excessive bail, excessive fines, and cruel and unusual punishment.
The Ninth Amendment says the rights granted in the Constitution shall not infringe on other fundamental rights, such as the right to marry, work in the occupation of your choice, and travel. These also are God-given rights.
The Tenth Amendment says that the powers not granted to the Federal government by the Constitution belong to the States or to the people. This creates the Federal system between the Federal and State government that also is a separation of powers nationwide that checks the power of the federal government. The system of Federalism and the Supremacy of Federal law in Article VI are based on Matthew 22:35-40: the First and Second Commandments: Love God first, and people second. Like federal law, the love of God should always reign supreme.
There have now been 27 Amendments to the Constitution and all are very important to our civil rights. The 13th Amendment came after the Civil War in 1865 and abolished slavery, and the 14th Amendment gave equal protection of the laws for former slaves and all people. The 15th Amendment banned racial discrimination in voting. The 17th Amendment provided for the popular election of Senators. The 19th Amendment gave women the right to vote. The 22nd Amendment limited the President to two terms in office. The 24th Amendment abolished poll taxes for elections. And, the 26th Amendment gave young people the right to vote at age 18.
The Biblical basis for our Constitution is undisputed. The Bible was by far the most venerated book in 18th century America and was the most quoted text by our Founders and the leading source for our Constitution, even more than Blackstone, John Locke and Montesquieu. The Founders knew that human nature was basically evil due to the fall of man in the Garden of Eden as recorded in Genesis Chapter 3. Therefore, they crafted a government of laws and not of men, with separation of powers as discussed above. This protected the people from the concentration of abuse of government power. The republican form of government cited in Article Four was based on the Hebrew government in the Old Testament which was a divinely inspired model of a republic and self-government. Article 1 excepts Sundays from the 10 days for a Presidential veto, which ratifies the Biblical Sabbath. Founder Benjamin Rush said he “believed the hand of God was employed in this work, just as surely as God parted the Red Sea for the children of Israel.”
The 27 Amendments to our Constitution were firmly based on the Bible and Judeo-Christian principles. The end to slavery and equal rights for black Americans were the result of the Christian abolition of slavery movement, and the belief that all men were created in the image of God and should have great respect and equality. Voting rights for women and young people as well were based on the same principle; respect for women and young people. John Adams said that “the general principles of our government were the general principles of Christianity.”
James Madison, said that “we have staked the whole future of America upon the capacity of each and all of us to govern ourselves according to the Ten Commandments.” So we know from history that the form of government and rule of law laid out in the Constitution clearly came from the Bible and the Ten Commandments, and our great Judeo-Christian heritage! Today we honor our great Constitution, and we give God Almighty thanks and praise for inspiring our system of government!
ABOUT THE AUTHOR- JUDGE JOHN MARSHALL MEISBURG JR.
Judge John Marshall Meisburg, Jr., was a U.S. Administrative Law Judge with the Social Security Administration for 26 years in Jacksonville, Florida. He retired as a judge in 2021 and is now living in Fernandina Beach, Florida with his wife of 43 years, Dr. Denise Meisburg. They have six children and 11 grandchildren. Prior to being a judge, he was a lawyer with the Federal government for 23 years, serving in all three branches of the government, with the U.S. District Court, EEOC, Justice Department, Congress, FDIC and Office of Special Counsel (MSPB). He was in private law practice one year in Washington, D.C. and filed the lawsuit that became the landmark U.S. Supreme Court case on sexual harassment. He holds a Bachelor of Arts in Political Science from the University of Kentucky, and a Juris Doctor law degree from the University of Kentucky College of Law. He is a lifelong Christian, being raised in the Baptist faith in Louisville, Kentucky. He was an Elder at New Life Christian Fellowship in Jacksonville where he taught Sunday School, the Jewish Roots of the Faith and the Christian Heritage of America. He was a leader of both the National Day of Prayer and the House of Prayer in Jacksonville for over ten years. He has published ten books relating to Christian and legal issues. He is now a member of Living Waters World Outreach Center in Fernandina Beach, where he serves in the prayer and home group ministry, and is a member of the Board of Directors for Faith Christian Academy.
The views expressed in this commentary are those of the author and do not necessarily reflect the official position of Citizens Journal Florida
