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Chalcedon Staff:

Rev. R. J. Rushdoony (1916-2001) was the founder of


Chalcedon and a leading theologian, church/state expert,
and author of numerous works on the application of
Biblical Law to society.

Rev. Mark R. Rushdoony is president of Chalcedon


February 2003 Issue #449
and Ross House Books. He is also editor and chief of the
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foreign — U.S. funds only). Tax-deductible contributions may be made out to Chalcedon and mailed to market.
P.O. Box 158, Vallecito, CA 95251 USA.
Susan Burns is Chalcedon’s executive assistant and
Chalcedon may want to contact its readers quickly by means of e-mail. If you have an e-mail address, managing editor of the Chalcedon Report and Chalcedon’s
please send an e-mail message including your full postal address to our office: chaloffi@goldrush.com. other publications.

The Covenant and Baptism ..................................... 2 Christian Piety or Nefarious Perfidy? ............. 15
By R. J. Rushdoony By John E. Stoos

Justice as a Moral Ethic .............................................. 3 Election “Law” in America .................................... 17


By Mark R. Rushdoony By Herbert W. Titus

The Importance of Christian Thinking Like A Lawyer ......................................... 19


Character ...................................................................... 5 By Jeffrey Tuomala
By Ronald Kirk
A Christian Philosophy of History:
Saint Valentine’s Day ................................................... 9 Judgments in History .......................................... 21
By Samuel L. Blumenfeld By Roger Schultz

Through the Looking Glass: The Monument America’s Central Banks An Evaluation
Case of Chief Justice Roy S. Moore .............. 11 of How They and The Federal Reserve
By Abby Tuomala Bank Have Performed — Part 2 ................... 23
By Tom Rose
The Decalogue: Cornerstone of
Jurisprudence .......................................................... 13 Statism and Theological Liberalism ............... 29
By John Eidsmoe By Timothy D. Terrell

The Chalcedon Report, published monthly by Chalcedon, a tax-exempt Christian foundation, is sent to all ho request it, All editorial correspondence should be sent to the managing
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©2003 Chalcedon. All rights reserved. Permission to reprint granted on written request only. Editorial Board: Rev. Mark R. Rushdoony, President/Editor-in-Chief; Walter Lindsay,
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FOUNDER’S COLUMN

The Covenant and Baptism


By R. J. Rushdoony
Then will I sprinkle clean water upon you, and ye shall be clean: from all your filthiness, and from all your idols, will I
cleanse you. A new heart also will I give you, and a new spirit will I put within you: and I will take away the stony heart out
of your flesh, and I will give you an heart of flesh. (Ezekiel 36:25-28)

T he covenant sign of
the Old Testament
era was circumcision
life in Christ. This baptism does not
produce an end product. It does not
say that either we or our children are
Two Errors
This means that there are two ob-
vious errors regarding baptism to be
and that of the New now perfected and thus ready for glo-
avoided. First, there is the decisional
Testament, baptism. rification. It means that, by God’s
grace, we have been redirected. error, namely, that my decision for
Ezekiel 36:25-26 speaks of the sprin-
Christ, my choosing Him as my Lord
kling with clean water as a sign of re-
The World of Anti-Law and Savior, is my rebirth. This is hu-
birth. Before Christ’s coming, pros-
manism in effect, and it is emphati-
elytes among the Gentiles were both The world of the ungodly is the cally Arminianism. Its prevalence
circumcised, if males, and baptized to world of anomia, lawlessness, or anti- does not sanctify its error.
indicate their status as the Messiah’s law. Paul describes it as “enmity against
people in the renewed and extended God” (Rom. 8:7). It is the willful insis- Second, there is the error of
covenant. tence that man is his own god, his own sacerdotalism, the belief that a power
source of law and determination (Gen resides in the church and the sacra-
Circumcision was a symbolic cas-
3:5). It means walking or living “in ment, when the power really remains
tration. It witnessed to the fact that
newness of life,” or, in James Moffatt’s totally in the hands of the sovereign
man’s hope is not in generation but in
words, we now “move in the new sphere God. The church too often tries to
regeneration. Man cannot renew him-
of life.” Because our baptism does not impose a straightjacket on God’s ac-
self, nor can history avoid the fact of
make us a finished product, we can and tions and on our freedom in Christ.
sin and man’s war against God. Apart
do sin. The word for sin, hamartia, Sacerdotalism too is a form of human-
from Christ, history does repeat itself:
means missing the mark; this can ism. The church’s right is to adminis-
sin and death mark all its days.
mean carelessness and indifference, ter baptism, not to control or define it
Among the images used in Scripture but we are at least moving towards the apart from Scripture.
to define baptism is that of death and mark, not against it, as in anomia, or
resurrection. Paul says in Romans 6:4: lawlessness, or anti-law. Our distin- It is important to insist on the prior-
guishing mark becomes righteousness, ity of God in all things, and therefore
Therefore we are buried with certainly in baptism. The churches, by
or, justice. The world talks much about
him by baptism into death; that following erroneous ideas about bap-
justice while working all the while to
like as Christ was raised up from tism and other matters have lost much
subvert it, because justice means God’s
the dead by the glory of the Fa- power as well as much freedom. It is in-
law and sovereignty.
ther, even so we also should walk teresting to read C. H. Dodd’s 1951 com-
in newness of life. Baptism is a witness to God’s re- ment about the first Christians:
generating power, as Titus 3:5 makes
There must be a dividing line in clear. It is not the sacrament of bap- But the most striking thing
our lives between our inherit- about the early Christians was
tism that regenerates us but God the
ance in Adam of sin and death, their astonishing confidence in
Lord. It is not a natural fact but a su-
and our regeneration into the the face of overwhelming oppo-
pernatural one. The Lord can work
image of God in Christ. sition. The Church was a minor-
His miracle of new life with equal ease
In baptizing our children, therefore in a baby as in a hardened old sinner. ity movement, with every kind
we are redirecting history from the old The power and the initiative in the
pattern of sin and death into the new regeneration is not ours but God’s. — Continued on page 32—

2 Chalcedon Report – February 2003


FROM THE PRESIDENT’S DESK

Justice as a Moral Ethic


By Mark R. Rushdoony

T he primary func-
tion of the state is
the ministry, or admin-
laws and their enforcement and inter-
pretation represent an enforced mo-
rality. The old line that you cannot
distinguishes much modern tax leg-
islation and economic policy. An evo-
lutionary faith controls the moral
istration, of justice. legislate morality is only a half-truth. perspective of much environmental
Negatively, this involves We cannot legislate people into being legislation. It is important to under-
prosecution and punishment, the po- good, but all laws are an enforced stand the ethic behind a system of
lice, courts, and military being as- moral code. We legislate that all cars laws we oppose so that we can offer a
pects of what Paul referred to as be- stop at a stop sign because it is wrong consistently argued alternative. As vi-
ing a terror to evildoers (Rom.13:3). to endanger others. Traffic laws are cious false moral ethics control the
A state’s administration of justice thus, in theory, a law-code based on a state’s machinery of justice, there will
which gives criminal activity any ad- positive effort towards a just social be increased confusion in the law and
vantage over the law-abiding citizen order, in this case a just order on road- increased hostility to, and then war
is thus clearly failing in its purpose ways. I once experienced the lawless- with, other sources of moral ethics.
and is, in fact, itself a revolutionary ness of road traffic in Calcutta, India; This is why we can see a distinct hos-
force. The positive aspect of justice is it was enough to make me believe in tility to Christian ethics in the public
the state’s concern for justice in the the positive application of a system of sphere. This is why Christians are so
social order itself, in promoting an justice in the area of traffic laws. frequently accused of being uncon-
atmosphere conducive to the safety of cerned with social justice or human
individuals and their commerce. Judicial Activism need. In terms of the humanistic “jus-
The moral ethic behind a system of tice” of many non-Christian ethical
A Just Social Order codes, we are on the wrong side of
laws may be based on any number of
The positive application of justice is religious or philosophical founda- many issues and hence “anti-justice.”
most obvious in the legislative func- tions. Frequently, the law may be a It is not difficult to see, both in his-
tion of government, which seeks to cre- mixture of conflicting moral ethics. If torical examples and in our own
ate a system of laws that will encourage we argue against a law or application times, the tendency of the state to see
a just social order. The executive func- based on its bad effect, we may be in- itself as the center of the social order
tion is most clearly involved in the correctly assuming this was unin- rather than as an administrator of jus-
negative application of justice, appre- tended. A different faith, with a tice. When this happens, the state sees
hending and prosecuting wrong-doers. different moral ethic, may have been its purpose as messianic, saving its
Though the positive and negative ad- behind that law or its interpretation. citizens from some sinister force, ma-
ministration of justice are not unique Most judicial activism is not derived nipulating economic forces, and in-
to the legislative and executive func- from a “loose construction” of the evitably restricting liberty in the
tions respectively, they are most clearly Constitution but rather its reinterpre- name of safety and the greater good.
combined in the judicial function of tation based on an intent other than When the state wants to be man’s sav-
government. The judiciary has the re- that of the framers and hence another ior, it first moves to become his lord.
sponsibility of examining the positive moral ethic. Judicial activism is about
Man’s original sin, of course, was
intent of the law to produce a just so- redefining what courts must consti-
desiring Satan’s temptation to be as
cial order and applying it, if necessary, tute as right and wrong. Not even
gods (Gen. 3:5) knowing, or determin-
in a particular case. Christian law can long survive its in-
ing independently, good and evil. In
terpretation by non-Christians who
We do not have to look far, however, order to play god, therefore, man must
have another concept of morality.
to see injustice done in the name of define his own morality. When such
justice at any level or branch of gov- The state in all of its manifestations men control the state, the result is
ernment. This is because justice has will be concerned with justice by statism. Playing god is about acquir-
as its foundation a moral ethic, and some definition. A socialistic ethic ing power; increasing its wealth by

February 2003 – Chalcedon Report 3


confiscatory taxation is merely a basis for social justice, for loving our nounced salvation by the works of the
means to power. Great moral injus- neighbor, is righteousness. law. If salvation is not by works of
tices occur when this happens, includ- In a political system to which we God’s holy law it most certainly will
ing the loss of liberty, usurpation of have free access and a voice, Chris- not come from man’s law. So why
the prerogatives of other social insti- tians can choose to accept a false should the believer stand not just on
tutions, and the perversion of justice moral ethic (or a multitude of as-
in the name of a new moral ethic dic- issues but on the Biblical morality
sorted false systems of morality) or underlying the issues of the day? It is
tated by the would-be god. they can work for laws and justice because God is true and His Word is
Because the state’s legislative con- based upon a Christian ethic. It is not
cern for justice is necessarily a moral necessary for non-believers to accept true. It is because Christians must
concern, the Christian must self-con- Christian morality to temporally ben- stop playing the part of rebels, sub-
sciously promote the Christian moral efit from it. “Thou shalt not steal” ben- mit to God, and deal with society (our
ethic in public life. The modern idea efits all but the thieves among us. neighbors) in terms of His righteous-
of justice itself is merely a secularized Moreover, non-believers are not ness. All men believe in some concept
idea of righteousness. Hence our jus- somehow exempt from God’s law be- of law and justice. You must ask your-
tification by God is our declaration of cause of their unbelief. self “In whose law do I believe?” and
righteousness by the (really) Supreme
Judge. If God does not distinguish The state as a ministry of justice “On what moral ethic do I base my
righteousness and justice, what right can not save men. Paul clearly de- belief in justice?”
have we? Can we define justice by a
higher moral ethic than God’s?
Fulfilling the Law
Christ summarized the law of God
by calling men, first, to love God with
all their heart, soul, mind and
strength. The second greatest com-
mand was to love our neighbor as
ourself (Mk. 12:29-31). Now we tend
to read this command to love in sub-
jective emotional and pietistic terms.
Christ said, however, “If a man love
me, he will keep my words” (Jn.
14:23) and Paul said, “Love worketh
no ill to his neighbor: therefore love
is fulfilling the law” (Rom. 13:10).
Our love neither to God nor to our
fellow man may be a lawless relation-
ship. God’s demand is that our rela-
tionship with Him and our neighbor
be based on His law, His moral ethic.
God’s demand is that our relation-
ships in society flow from our pri-
mary relationship with Him. God’s
demand for social justice is based on
recognition that (as stated in our
Lord’s preface to the summation of
the law) “the Lord our God is one
Lord” (Mk. 12:29). There is no moral
dichotomy between man’s moral
duty to God and to his neighbor. The

4 Chalcedon Report – February 2003


E D U C AT I O N FOR THE KINGDOM OF GOD

The Importance
of Christian Character
By Ronald Kirk

H oliness, from the


idea of clean in
both the Hebrew and
sists in qualities of rebellion and
wickedness, leading to death (Gal.
5:17-21). Our natural character of-
Early America’s profound Biblical
Christian orientation established the
most free and prosperous nation of
Greek Scriptures, es- fends our Creator. Our natural char- the modern era. Many aspects of
sentially means whole. acter, separated as it is from God’s character — such as love of God and
In the Biblical languages and English providence and grace, thus leads to godly liberty, self-restraint, and for-
alike, holiness applied to men is a self-destruction, somewhat like ge- bearance, toughness of mind, indus-
state of moral wholeness, integrity, netic mutations in living things. Sin triousness, charity, and generosity
and purity, as opposed to brokenness, has fatally marred mankind. The po- — served to build America. Many of
damage, compromise, or pollution. tential for ultimate wickedness cer- the practices of Biblical government,
Individual morality requires struc- tainly lies in the natural character of ably codified in the United States
tural integrity to maintain wholeness. man, as we more frequently observe Constitution, have lasted for a good
Character identifies the quality of in the world. For this reason, ne- two centuries. This is so though we
structural integrity in both moral be- glected sin in ourselves and manifest have often lacked a general, self-con-
ings and physical things. Originally, sin and rebellion in our children scious determination to maintain
character denoted writing made by amounts to great evil. and expand the Constitution’s prin-
cutting or engraving a mark in a me- ciples. The peaceful periodic trans-
dium. Permanence, then, is a key fea- Except where a source of fer of power effected by election
ture of real character. Variable or external energy intelli- speaks to the enduring quality of the
pliable internal qualities characterize principle of the priesthood of believ-
substances lacking structural integ-
gently counters it, en-
ers, to cite just one example.
rity. The Bible speaks of a man whose tropy rules the universe.
character is “unstable as water” (Gen. Entropy
49:4). A young child bears such a pli- Sin is infectious, and evil is viru-
able character, except that his natural lent. Sin never stays put, but spreads The bad news is that entropy — the
disposition inclines toward sinful- by contagion because man’s natural force of decline, disorder, and energy
ness, which uncorrected will harden moral immune system is fatally weak. dispersion — remains one of the
thereunto. Human character speaks of Between God’s providence to claim a most fundamental rules of physical
the qualities resulting from nature people for Himself for eternity and the and human nature. Except where a
natural sinfulness of the world at source of external energy intelligently
and habit that distinguish a person
large, a great moral battle wages. counters it, entropy rules the universe.
from other persons. Among objects
And there is a spiritual analogy.
and even the lower creatures, God Cultures resist change due to a Throughout early history, God inter-
imposes character. Rocks act like moral inertia God planted in man’s jected Himself directly to infuse new
rocks. Dogs act like dogs. heart. Man resists change. This is life into declining morality. The lives
good news and bad news. The good of Noah, Abraham, Moses, David, and
Natural Character
news is that once a degree of righ- Paul typify God’s hand in the affairs
Among men, character may be of teousness is established, it tends to of men. In the Christian era, God or-
either a pure or a damaged quality. last. Righteousness passes from gen- dinarily provides this intelligent en-
Man’s natural character is damaged eration to generation through paren- ergy by His providence in nature and
due to the Fall. The Scriptures clearly tal influence on the children, and through men by His Holy Spirit. In
teach that man’s native character con- through community influences. entropy, we discern God’s unwilling-

February 2003 – Chalcedon Report 5


ness that His people rest on the ac- fication also comes by acts of faith (Lk. 23:16). In 1 Corinthians 11:31
complishment of past generations. (Ac. 26:18). Faith imposes a standard and 32, Paul says we ought to be
Instead, every generation and each for conduct that contradicts the natu- tough on ourselves so that the Lord
individual must oppose spiritual en- ral human disposition and will. The need not chasten (paideuo) us. In 2
tropy, participating in the establish- authoritative Word of God defines the Corinthians 6, Paul speaks of his own
ment and maintenance of the gospel. godly standard of conduct that will chastening to prepare his character
produce Christ-like character as men for a life of service. In verse 9, he
Evil exerts its power. respond to God by faith. cries out “as dying, and, behold, we
Character for good must The Scriptures declare that the live; as chastened, and not killed.” In
be stronger. great hope of Christ requires a proven verse 10, Paul speaks of his rejoicing
character. In Romans 5:1-5, Paul re- in adversity, an important aspect of
We thus see the essential battle for joices in the hope of our salvation by character. In 1 Timothy 1:20, Paul
the kingdom of God laid out. A purer God’s grace. He then rejoices in tribu- tells Timothy to turn Hymeneus and
character among God’s people is nec- lations, because there is a necessary Alexander over to Satan that they
essary to battle the evil natural char- connection between our hope of grace may learn (paideuo) not to blas-
acter of the world and its influence. and the character necessary to bear pheme. (In this sense Satan is the
Christians must actively exert a be- that grace. “Tribulation worketh pa- headmaster of God’s reform school,
nign influence on the character of our tience; and patience, experience; and for education on the streets, where
communities both to check evil and experience, hope.” The Greek word the home has failed. Clearly, the rela-
to help cultivate in our neighbors’ dokime, translated experience, sug- tively gentle discipline of loving par-
hearts a love of righteousness and gests proven character, as if assayed. ents and teachers is preferable to
goodness in anticipation of redemp- God providentially trains character Satan’s hateful and death-oriented
tion. God has made us minor part- through the trials of life. He moreover punishment. See 1 Cor. 5:5.) From
ners. Christians must be salt and light. provides to parents the more closely Hebrews 12:6, “For whom the Lord
We must inculcate in ourselves a char- governed home in which to train loveth he chasteneth (paideuo), and
acter that resists temptation within childhood character. “Train up a child scourgeth ever y son whom he
and without, one that stands upon in the way he should go: and when he receiveth. If ye endure chastening
principle in any circumstance. Evil is old, he will not depart from it” (paideio), God dealeth with you as
exerts its power. Character for good (Pr. 23:6). In such child rearing, we with sons; for what son is he whom
must be stronger. find the original meaning of the word the father chasteneth (paideuo) not?”
Godly character provides the moral education. A true and Biblical educa- Strong’s Exhaustive Concordance
structural integrity required to main- tion should produce proven character. says paideuo likely derives from pais.
tain holiness while standing fast in Education fills up that which Pais, in the New Testament, is a child,
the battle. What defines the character lacks, and corrects that which is especially a servant. A servant to a
God intends for man? It is the charac- wrong. In Ephesians 6:4, Paul com- king, as Strong suggests, would be
ter of Christ (2 Cor. 3:18). Such char- mands fathers to bring up their chil- subject to fairly demanding disci-
acter consists in particular attributes dren in the nurture and admonition pline to inculcate the character and
needed to support the ability to resist of the Lord. Admonition is the con- skills needed to serve a great supe-
sin, to take courage through difficulty, tent of education. On the other hand, rior. Feudal history reflects the Bib-
and to walk by faith. nurture is the Greek word paideia. lical pattern. As well as enjoying
Paideia speaks of education from the certain largess, a feudal noble lord
Acquiring Christian Character
disciplinary point of view, that is, of suffered the burdens of leadership in
Historically, the church calls the directed practice or training, and the oversight of his people. At its
process by which godly character is correction. Paideia finds its root in best, feudalism saw authority as a
acquired sanctification. God saves sin- the New Testament word paideuo. holy trust before God. In order to ful-
ful man by His grace. He sanctifies Paideuo also speaks of training, but fill that trust, the lord necessarily
man by His grace. Sanctification is a adds an emphasis on chastening, the prepared a son to succeed him.
sovereign act of God (Jn. 17:17; 1 infliction of pain for reclaiming an Therefore, the son of a nobleman re-
Thess. 5:23; 2 Thess. 2:13). Yet, the offender. Pontius Pilate curiously ceived the stricter educational disci-
Scriptures clearly teach that sancti- applies paideuo to Christ’s scourging pline. The son rigorously learned war

6 Chalcedon Report – February 2003


— both personal skills and general Often, investment requires a great This basic character will act as a ves-
strategy — diplomacy, social man- patience as one waits for the growth sel prepared to receive and carry the
ners, and economics, geography, law, of the fragile crop, or bores through grace of God. Proven character of in-
and foreign and domestic politics. He the ground to find the valuable min- creasing degree becomes the founda-
hardened his body and toughened eral resource. Setbacks, such as poor tion for future growth in character
his mind. The classic children’s story weather destroying the crop, produc- and accomplishment. Faith requires
Men of Iron, by Howard Pyle, graphi- ing an unpopular product, or failed several particular aspects of charac-
cally illustrates the point. Similar re- research and development cause pain ter. We have mentioned only a few. The
sponsibility generally rests upon and trouble that must be absorbed. In Christian educator should minutely
naturally impatient human beings, identify the qualities of character of
Christians, since we are His vice-re-
Christ for reproduction in the student.
gents, His noblemen in the earth. the character for patience, and for
In the enterprise of learning, the
enduring the pain and trouble of eco-
In a word, God disciplines His chil- teacher must then enforce the practice
nomic setback accrues only through and habit of conduct appropriate to
dren according to perfect knowledge
practice. Enterprise simply requires a the child’s present development that
— to be as tough as necessary, as
sturdy character, able to support faith will produce the desired character in
gentle as He may be, and still achieve
and accomplishment. due season. The teacher introduces a
His high ends in us. Parents and
teachers rightly follow the Biblical and Furthermore, finding one’s way measured difficulty that the child
best historical examples in training through the difficulties of life, and must learn to attempt by faith. The
and correcting our children as a holy particularly those of bold enterprise teacher then guides the child in ap-
tends to produce humility as it be- propriate responses to this difficulty,
trust in their preparation for a life of
comes increasingly clear that God’s particularly to trust Jesus.
service. A life of faith requires obedi-
ence. Faith and obedience require a economy of difficulty seems subjec- Apart from providing opportuni-
disciplined and sturdy character to tively more an economy of impossi- ties to overcome difficulty in a hardy
support them — in adults and chil- bility apart from His providence. spirit of enterprise, education cannot
dren alike. Speculative knowledge not honed by be counted truly Christian.
experience puffs up. Humbling disci-
Undertaking Enterprise pline tends to produce charity.
Toward Character
As an important by-product, enter-
For Information
God provided a principle means for
acquiring character in overcoming the
prise thus produces strength of char-
acter as difficulty yields to faithful Regarding
difficulty and trials associated with workmanship. In turn, proven charac-
economic enterprise. God com- ter provides the foundation for greater Advertising
manded men to take dominion over enterprise. Enterprise and character
the earth. In the Fall, He commanded
men to pursue their livelihood in ad-
necessarily form a reciprocal relation- Rates Contact
ship. Thus, as a primary means to
versity. Here then is God’s plan for
economic enterprise. Economic ad-
character, bold enterprise should be
a way of life for the Christian. Enter-
Susan Burns
vancement results from the bold in-
vestment and hazard of raw materials
prise upon a self-consciously Biblical
viewpoint in any discipline should
At
to make objects that are more useful.
produce fruit for the gospel — salt
As raw materials are worked —
whether time, food seed, or minerals
and light that exerts influence on our 276-963-3696
neighbors in the world.
from the earth — their raw value is
destroyed. Thus, risk is a fundamen-
or
Formal Education
tal aspect of God’s economy. Poor skill
or external factors may cause an in- God provides the sheltered and chalcedon@
vestment to fail. The risk is real and heavily governed epoch of childhood
may be fatal. God expects men to trust to train the basic character, upon netscope.net
His providence in an evil, fallen world. which God will build throughout life.

February 2003 – Chalcedon Report 7


Foundations of Christian Reconstrucction
A Chalcedon Institute Conference
Commemorating the Life, Work, and Contributions of
Dr. Rousas John Rushdoony
A Symposium on Theonomy,
Presuppositional Apologetics,
and Postmillennialism
Considering the various Contributions of R.J. Rushdoony in their
recent resurgence in the Church and Worldview thought.
Foundations of Social Order
Two lectures by Christopher R. Hoops, God’s Law, Society and Ethics
By What Standard
Two Lectures by Rev. Jim West, Apologetics
God’s Plan For Victory
Two lectures by Martin Selbrede, Victorious Eschatology and Postmillennialism.

There will be other guest speakers and special music.

Date: April 25-26, 2003 (Commemorating Dr. R.J. Rushdoony’s 87th Birthday)
Cost: $55.00 per person, $25.00 per student (Includes 1 free book, lunch, and 10% discount at the Chalcedon Foundation
book table) Also a Freewill offering will be taken to support the continued work of the Chalcedon Foundation
Location: St. Paul’s Anglican Church, 101 N. El Monte Los Altos, CA (Go to www.stpaulanglicanchurch.org for directions)
Time: Friday 7–9:00 PM Saturday 9:00 AM – 5:00 PM
Contact: Chris Hoops (831) 722-4619 e-mail choops@neteze.com
Conference Host: Mr. Jerold Nordskog, Publisher/ CEO of Powerboat Magazine
Special Guest Speaker: Mark Rushdoony, President Chalcedon Foundation
Special Note: Pastors and Ruling elders and their wives attend Free. All other spouses _ price.
Fill out Registration form below and mail with $55.00 or $25.00 (for wives & students) check to:
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8 Chalcedon Report – February 2003
Saint Valentine’s Day
By Samuel L. Blumenfeld

I am sure that every-


one who reads this
article knows someone
It should be noted that in ancient
Rome, February was the official be-
ginning of spring and was considered
The Roman “lottery” system for ro-
mantic pairing was deemed un-
Christian and replaced with a lottery
to whom he or she a time for purification. Houses were in which the names of saints were
wishes to send a Valen- ritually cleansed by sweeping them placed in the urn. Men and women
tine card. That is, someone whom he out. The Lupercalia began on the 15th drew names of saints whose lives
or she loves or appreciates. Nowadays, of the month. they were expected to emulate. This
the greeting card folk have produced new lottery did not last long, for the
Valentine’s Day cards for everyone: One of the fertility rituals involved idea of emulating a saint was not
husbands, wives, sons, daughters, youths of noble Roman families run- very popular then or now. What re-
uncles, aunts, girlfriends, boyfriends, ning through the streets with goatskin placed it has become the essence of
lovers, grandparents, bosses, secretar- thongs made from the hide of a sacri- Saint Valentine’s Day.
ies, and anyone else you can think of. ficial goat. Young women would crowd
the street in hope of a light lashing by Saint Valentine
It’s the sheer genius of American the sacred thongs, as it was believed
commercialism that Saint Valentine’s that it would make them better able Who was Saint Valentine and how
Day has been elevated to the status of to bear children. The goatskin thongs did his name become associated with
a national holiday, with bustling sales the holiday? Historical data seems to
were known as the februa and the
of flowers, heart-shaped boxes of indicate that there were two priests by
lashing as the februatio, both derived
chocolates, jewelry, and other appro- the name of Valentine, which makes
from the Latin word meaning to pu- for much confusion. But my hunch is
priate gifts. It even provides an oppor-
rify. The name of the month February that there was only one, and several
tunity for shy people to send a card to
comes from this meaning. conflicting stories gave rise to the no-
someone they would love to marry.
And, of course, children like to make Also, as part of the festivities, a lot- tion that there were two Valentines.
their own Valentine cards for tery was held in which the names of In any case, the story is as follows.
grandma in the nursing home. local teenage girls were placed in an In 270 A.D. Emperor Claudius issued
urn and drawn at random by the teen- an edict forbidding marriage because
The Beginning of It All age men. The girl whose name the he believed that married men made
But how did all of this get started, young man drew became his compan- poor soldiers. They were reluctant to
and why is February 14 th the day in ion for a year, after which many of the leave their wives and families to do
which we profess love for someone? couples married. While this may seem battle. But Valentine, bishop of
As legend has it, the origin of this like a rather amusing mating game, Interamna, strongly opposed the
festival of romance goes back to a the elements of chance and suspense Emperor’s edict and invited young
pagan fertility rite in ancient Rome are what made it so exciting. The very couples to come to him to be married
celebrated since the fourth century novelty of getting to know someone in secret. When the Emperor got wind
B.C. Among their many gods, the romantically in this manner must of what the bishop was doing, he had
Romans had one named Lupercus have been the subject of much gossip him arrested.
who watched over shepherds and and discussion among the young folk This was at a time when Christians
their flocks. In his honor they held a and their parents. In any case, the were still being martyred in Rome, and
great feast day in February of each Lupercalia became a festival devoted the Emperor insisted that Valentine re-
year and called it the Lupercalia. The to the ideas of romantic love, mar- nounce his Christian religion. But when
festival was dedicated to Faunus, the riage, and family bliss. the bishop refused, he was put in prison.
Roman god of agriculture, and
Romulus and Remus, the founders of Around 498 A.D., Pope Gelasius Legend tells us that while Valentine
Rome, who had been suckled by a outlawed the Lupercalia and declared was in prison he sent letters and love
she-wolf, or lupa. February 14th Saint Valentine’s Day. notes to people in his parish. He also

February 2003 – Chalcedon Report 9


fell in love with the blind daughter of Text From The Ten Commandments Monument from Montgomery, Alabama
the jailer, Asterius, and that God en- LAWS OF NATURE AND OF NATURE’S GOD
abled him to miraculously restore her Declaration of Independence - 1776
sight. When the Emperor learned of THE LAWS OF NATURE ARE THE LAWS OF GOD; WHOSE AUTHORITY CAN BE SUPERSEDED BY NO POWER
ON EARTH. – George Mason (1725-1792)
this miracle, he ordered Valentine be- THE TRANSCENDENT LAW OF NATURE AND OF NATURE’S GOD, WHICH DECLARES THAT THE SAFETY AND
headed on February 14th. In his fare- HAPPINESS OF SOCIETY ARE THE OBJECTS AT WHICH ALL POLITICAL INSTITUTIONS AIM, AND TO WHICH
ALL SUCH INSTITUTIONS MUST BE SACRIFICED. – James Madison (1751-1836)
well message to Asterius, the bishop THIS LAW OF NATURE, BEING CO-EVAL WITH MANKIND AND DICTATED BY GOD HIMSELF, IS OF COURSE
wrote in closing,“From Your Valentine.” 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,
Of course, there is no way of know- 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. – Sir William Blackstone (1723-1780)
ing how much of this story is true or
woven out of legend. What we do know IN GOD WE TRUST
National Motto - 1956
is that the pagan lottery system of mat- AND FOR THE SUPPORT OF THIS DECLARATION, WITH A FIRM RELIANCE ON THE PROTECTION OF DIVINE
ing and courtship was eventually re- PROVIDENCE, WE MUTUALLY PLEDGE TO EACH OTHER OUR LIVES, OUR FORTUNES, AND OUR SACRED
HONOR. – The Declaration of Independence, 1776
placed by Christian suitors sending
O THUS BE IT EVER WHEN FREEMEN SHALL STAND
notes to the objects of their affections. BETWEEN THEIR LOV’D HOME AND THE WAR’S DESOLATION!
BLEST WITH VICTR’Y AND PEACE MAY THE HEAV’N RESCUED LAND
According to the World Book Ency- PRAISE THE POWER THAT HATH MADE AND PRESERV’D US A NATION!
THEN CONQUER WE MUST, WHEN OUR CAUSE IT IS JUST
clopedia, the earliest records of AND THIS BE OUR MOTTO - “IN GOD IS OUR TRUST.”
Valentine’s Day in English tell that AND THE STAR-SPANGLED BANNER IN TRIUMPH SHALL WAVE
O’ER THE LAND OF THE FREE AND THE HOME OF THE BRAVE.
birds chose their mates on that date. – National Anthem of the United States of America
The day was probably celebrated in WE, THE PEOPLE OF THE STATE OF ALABAMA, IN ORDER TO ESTABLISH JUSTICE, INSURE DOMESTIC TRANQUILITY,
AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY, INVOKING THE FAVOR AND
England as early as the 1400s. One de- GUIDANCE OF ALMIGHTY GOD, DO ORDAIN AND ESTABLISH THE FOLLOWING CONSTITUTION AND FORM OF
scription of Valentine’s Day during the GOVERNMENT FOR THE STATE OF ALABAMA. – Preamble to the Constitution of Alabama, 1901

1700s tells how groups of friends met ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL
to draw names, much as was done dur- Pledge of Allegiance - 1954
ing the Roman Lupercalia. For several THE INCLUSION OF GOD IN OUR PLEDGE THEREFORE WOULD FURTHER ACKNOWLEDGE THE DEPENDENCE
OF OUR PEOPLE AND OUR GOVERNMENT UPON THE MORAL DIRECTIONS OF THE CREATOR. . . . —
days, each man wore his Valentine’s Legislative History, U.S. Congress, 1954
name on his sleeve. The saying “wear- HUMAN LAW MUST REST ITS AUTHORITY ULTIMATELY UPON THE AUTHORITY OF THAT LAW WHICH IS
DIVINE. . . . — James Wilson (1742-1798)
ing his heart on his sleeve” is believed
AND CAN THE LIBERTIES OF A NATION BE THOUGHT SECURE WHEN WE HAVE REMOVED THEIR ONLY FIRM
to have originated from this practice. BASIS, A CONVICTION IN THE MINDS OF THE PEOPLE THAT THESE LIBERTIES ARE OF THE GIFT OF GOD?
THAT THEY ARE NOT TO BE VIOLATED BUT WITH HIS WRATH? — Thomas Jefferson (1743-1826)
Today, Valentine’s Day plays a light-
SO HELP ME GOD
hearted but compelling part in Ameri- Judiciary Act of 1789
can romantic life. It is part of the THE GREATER PART OF EVIDENCE WILL ALWAYS CONSIST OF THE TESTIMONY OF WITNESSES - THIS
courting process and a way of affirm- 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
ing one’s love each year. Thus, hus- WOULD BECOME INSECURE. – John Jay (1745-1829)
bands and wives are gently reminded LET IT SIMPLY BE ASKED - WHERE IS THE SECURITY FOR PROPERTY, FOR REPUTATION, FOR LIFE, IF THE SENSE
OF RELIGIOUS OBLIGATION DESERT THE OATHS, WHICH ARE THE INSTRUMENTS OF INVESTIGATION IN COURTS
by our commercialized culture to buy OF JUSTICE? – George Washington (1732-1799)
gifts for their mates as tokens of ev-
erlasting love. And despite our high The Ten Commandments
rate of divorce, Valentine’s Day re- I AM THE LORD THY GOD • THOU SHALT HAVE NO OTHER GODS BEFORE ME • THOU SHALT NOT
MAKE UNTO THEE ANY GRAVEN IMAGE • THOU SHALT NOT TAKE THE NAME OF THE LORD THY GOD
mains an important cultural affirma- IN VAIN • REMEMBER THE SABBATH DAY TO KEEP IT HOLY • HONOUR THY FATHER AND THY
MOTHER • THOU SHALT NOT KILL • THOU SHALT NOT COMMIT ADULTERY • THOU SHALT NOT
tion of the idea______
of lasting love. STEAL • THOU SHALT NOT BEAR FALSE WITNESS • THOU SHALT NOT COVET (Exodus 20)

Samuel L. Blumenfeld is the author On the plaque titled The Moral Foundation of Law, also in the rotunda:
of eight books on education, including A JUST LAW IS A MAN-MADE CODE THAT SQUARES WITH THE MORAL LAW OR THE LAW OF GOD. AN
NEA: Trojan Horse in American UNJUST LAW IS A CODE THAT IS OUT OF HARMONY WITH THE MORAL LAW. TO PUT IT IN THE TERMS OF
ST. THOMAS AQUINAS: AN UNJUST LAW IS A HUMAN LAW THAT IS NOT ROOTED IN ETERNAL LAW AND
Education, How to Tutor, Alpha-Phonics: NATURAL LAW. — Dr. Martin Luther King, Jr. (1929-1968)
A Primer for Beginning Readers, and THE FIRST WORK OF SLAVERY IS TO MAR AND DEFACE THOSE CHARACTERISTICS OF ITS VICTIMS WHICH
DISTINGUISH MEN FROM THINGS, AND PERSONS FROM PROPERTY. ITS FIRST AIM IS TO DESTROY ALL SENSE
Homeschooling: A Parents Guide to OF HIGH MORAL AND RELIGIOUS RESPONSIBILITY. IT REDUCES MAN TO A MERE MACHINE. IT CUTS HIM
Teaching Children. All of these book OFF FROM HIS MAKER, IT HIDES FROM HIM THE LAWS OF GOD . . . – Frederick Douglass (c.1817-1895)
are available on Amazon.com or by On the second plaque is the full text of the Bill of Rights.
calling 208-322-4440.

10 Chalcedon Report – February 2003


Through the Looking Glass:
The Monument Case of Chief
Justice Roy S. Moore
By Abby Tuomala

L ewis Carroll’s Alice


is not part of the
mad world she enters
which are the source of all law and to
which all the quotations on the monu-
ment attest, appear at the top in two
One of the least talked-about sub-
jects related to the doctrines of God and
man is that God gave man language.
through the looking tablets. [See the monument’s words Words are important to God. Words
glass. Like Alice, I am in their entirety on page 10.] Susan distinguish us from animals. In truth,
an outsider in the wonderland of Burns is Chalcedon’s executive assis- language could be said to have priority
today’s court system. In the “Ten tant and managing editor of the Chal- to law, because without the former we
Commandments Monument Case” of cedon Report and Chalcedon’s other could not know, keep, or adjudge the
Alabama Chief Justice Roy S. Moore, publications. latter. We forget that every word of ev-
and the subsequent opinion of the ery language signals a very particular
Federal Court, this world seems to be The Moral Foundation of Law concept. Violence to language is a sure
getting “curiouser and curiouser,” as sign of more serious violence to con-
The monument is a memorial to the
Alice would say. cepts. Contempt for careful definitions
moral foundation of law. Whether it is shows contempt for truth.
Three attorney-plaintiffs, who were a religious shrine, and whether the
represented by the Southern Poverty Chief Justice has the right to place it in The First Amendment to the U.S.
Law Center, Americans United for the Judicial Building as the lessee of the Constitution states: Congress shall
building, were among the issues at the make no law respecting an establish-
Separation of Church and State, and
trial, along with underlying issues as ment of religion, or prohibiting the free
the ACLU, challenged the placement of
varied as free campaign speech and the exercise thereof; or abridging the free-
a monument in the rotunda of the Ala- dom of speech, or of the press; or the
bama State Judicial Building by Chief duties and prerogatives of judicial of-
fice. There were many moments in the right of the people peaceably to as-
Justice Moore. The monument promi- semble, and to petition the Govern-
nently features the Ten Command- trial that seemed like Alice’s topsy-
turvy world, but it was Judge ment for a redress of grievances.
ments. Following the trial, Federal
District Judge Myron H. Thompson en- Thompson’s opinion, in relation to the
Defining “Religion”
tered a judgment in favor of the plain- establishment-of-religion clause, that
tiffs, stating that the placement of the took us far into judicial wonderland. Chief Justice Moore’s testimony ad-
monument violated the Establishment “When I use a word,” Humpty dressed the fact that the U.S. Supreme
Clause of the First Amendment to the Dumpty said in a rather scorn- Court has defined the word “religion”
U.S. Constitution. Chief Justice Moore using a number of Federal-Period au-
ful tone, “it means just what I
intends to appeal. thorities, most succinctly stated in
choose it to mean — neither
James Madison’s Memorial and Remon-
At the center of the controversy is more nor less.”
strance (1785): “…the duty which we
a block of polished granite, approxi- “The question is,” said Alice, owe to our Creator and the Manner of
mately three feet square and four feet “whether you can make words discharging it….” But Judge Thompson
high. Words from our nation’s found- mean different things.” said, “[B]ecause the court cannot agree
ing documents are featured on the with the Chief Justice’s definition of re-
“The question is,” said Humpty
front side, and words from Federal ligion and cannot formulate its own, it
Dumpty, “which is to be master
statutes on the other three sides. Sup- must refuse the Chief Justice’s invitation
— that’s all.”1
porting texts from our legal history to define ‘religion.’” How could Judge
emphasize our debt to God for our Judge Thompson went even further Thompson find the Chief Justice guilty
laws, our liberties, and our system of than Humpty. He refused to define the of unlawfully establishing religion if he
justice. The Ten Commandments, word “religion” at all. doesn’t know what religion is?

February 2003 – Chalcedon Report 11


Judge Thompson also said, “[T]he This deep-seated confusion about If this were merely a tactic of counsel,
plaintiffs have not presented an alter- only acknowledging a Creator God in we might discount it. It is, in fact, the
nate definition of religion, and the the institutional church or the most sum of this case. In America’s won-
court lacks the expertise to formulate private of settings was one of the more derland today, it is okay to acknowl-
its own definition of religion for First stunning aspects of this trial. Four edge God if you don’t mean it, but it is
Amendment purposes.” He was able to hundred years ago our forebears cor- not okay to acknowledge God if you
come to the conclusion that the Chief rectly rejected both state-mandated do mean it. Government officials may
Justice has violated the First Amend- religion and its opposite extreme, a use some God-talk, but if they’re se-
ment, but he could not tell us what had mystical asceticism which bore no re- rious, watch out.
been unlawfully established. It is as- lation to everyday life. Early colonists
Everyone agreed that the two tables
tounding that, given the over 200 years recognized God in civil matters. This
of the law depicted on the monument
since the First Amendment was was a great legacy to the framers of our
signify commandments of the God of
adopted, and a body of First Amend- government and is a great legacy to us
the Bible. But many well-intentioned
ment cases spanning over a century, today. Even so, historical revisionism
Christians, along with non-Christians,
this judge claimed the lack of expertise abounded as the plaintiffs attempted
miss their significance in civil govern-
or will to formulate a definition. to secularize all original intent in our
ment. This ignorance, ironically, is what
civil government’s recognition of God
Chief Justice Roy Moore is mitigating
Establishing Religion in its language and practice. Plaintiffs’
with the placement of the monument,
experts dismissed our forefathers’ def-
There are corresponding difficulties and for which he is being pilloried.
erence to a Heavenly Father in their
with the concept of establishment. The
civic functions as political opportun- The Oath of Office
prohibition against the establishment
ism (the same charge waged against
of religion, that is, a state-sponsored Chief Justice Moore is sworn, by
the Chief Justice).
church or a compulsion to worship, has oath of office, to perform certain du-
become distorted to include any recog- Sir William Blackstone’s Commen- ties. His duties as Chief Justice include
nition of God. It is obvious that the taries, the universally accepted sum- the administration of justice. Part of
monument does not require anyone to mary of the common law, were his duties is to ensure that subordinate
engage in religious observance of any alluded to several times during the courts and attorneys practicing law
sort. The essence of the plaintiffs’ trial. Blackstone’s exposition on the are reminded of and understand the
claim was their sensitivities about the “laws of nature and nature’s God” nature of law and their obligations. Of
monument. They wished to redefine summarized the foundation of the the placement of the monument he
the concept of establishment to include common law and unquestionably in- said, “it represented my duty under the
their feelings of inclusion or exclusion, fluenced our nation’s founders. He Constitution of the State of Alabama .
comfort or discomfort. Judge Thomp- explained, “[A]s man depends abso- . . [which] says that I shall take affir-
son said during the trial that the issue lutely upon his Maker for everything, mative action to correct and alleviate
is, “Can the state acknowledge God?” it is necessary that he should in all any condition or situation in the ad-
He effectively concluded that “acknowl- points conform to his Maker’s will. ministration of justice.” Restoring the
edging God” is equivalent in meaning This will of his Maker is called the law moral foundation of law, and placing
to “establishing religion.” of nature.”2 Such talk by Blackstone this monument as a reminder of our
was called “window dressing” by a legal heritage is certainly reasonable
A telling statement in the Court’s
plaintiffs’ expert. This was not what and consistent with his duties.
opinion was that, “While the quota-
the Commentaries were really about,
tions on the monument’s sides are Chief Justice Moore’s oath binds him
he said. Notably, one of the plaintiffs,
non-Biblical, they still speak solely to to the Constitution and the laws of the
an attorney, did not know who Will-
non-secular matters, that is, to the land, not to inconsistent or unlawful
iam Blackstone was.
importance of religion and the sover- commands of any persons, including
eignty of God in our society . . . .” The Plaintiffs doggedly distinguished Federal Judges. And unless Judge
blindness to the application of the between what they called “ceremo- Moore’s (or any) case is considered us-
monument’s quotations to “secular” nial” (that is, acceptable) ing clearly defined terms, and following
matters is breathtaking. What could acknowledgements of the living God the rule of law, the court is merely fol-
be more “secular” than to establish the and “real” (that is, unacceptable)
basis for civil law? acknowledgements of the same God. — Continued on page 32—

12 Chalcedon Report – February 2003


The Decalogue:
Cornerstone of Jurisprudence
By John Eidsmoe

T he Thomas Goode
Jones School of
Law, at which I have had
principal source of study in the me-
dieval Inns of Court (England’s law
schools), even in an age before the
Another basic value is respect for
property expressed in the Command-
ment “Thou shalt not steal” and re-
the honor to teach Con- Reformation when laymen were often flected in the property laws and
stitutional Law for the denied direct access to the Bible. larceny laws of most civilizations. This
past twelve years, declares in its mis- Commandment secures the right to
sion statement that “Biblical truth is The Decalogue and the Nation private property, a cornerstone of pro-
the foundation of just law.” The All Scripture is the inspired and ductivity and a limit upon govern-
school’s namesake had an illustrious infallible Word of God. But the Ten ment power. A few have objected that
background: Confederate war hero, Commandments are a special part of this Commandment could mean
newspaper editor, lawyer, legislator, the Word of God, both in the way they “thou shalt not steal from the state or
governor, author of the first code of were revealed and in their content. from the commune.” But the last
legal ethics, and finally as a federal God revealed them to Moses on tab- Commandment, “Thou shalt not
judge for the Middle and Northern lets of stone. And they summarize the covet,” removes any doubt about pri-
Districts of Alabama. He had studied basic principles of law that govern all vate property: “Thou shalt not covet
the works of Sir William Blackstone, people and all nations. thy neighbor’s house, thou shalt not
Sir Edward Coke, Chancellor James covet thy neighbor’s wife, nor his
Kent, Simon Greenleaf, and other ju- Martin Luther said of the Ten Com- manservant, nor his maidservant, nor
rists who understood that God is the mandments, his ox, nor his ass, nor any thing that
true source of law. When he died in The Decalogue is not of Moses; is thy neighbor’s.”
1914, W.E. Vasser wrote of him: nor did God give it to him first. Another basic value is respect for
O! honest judge! O! upright man! On the contrary, the Decalogue truth. The Commandment “Thou
Of law his conduct grandly spoke, belongs to the whole world; it shalt not take the name of the Lord thy
Conforming to the Lord’s own was written and engraved in the God in vain” prohibits not only blas-
plan Promulged ‘mid Sinai’s fire minds of all human beings from phemy but also perjury; see, for ex-
and smoke. the beginning of the world. ample, the Heidelberg Catechism,
The basic values of almost every le- Luther’s Small Catechism, and the
It is an irony of history, then, that Catechism of the Catholic Church.
eighty-eight years after his death, his gal system in the world are summarized
in the Ten Commandments. Among Strict penalties for perjury are essen-
successor on the federal bench would tial to a system of justice. As President
rule that the Ten Commandments these is respect for life, expressed in the
Commandment “Thou shalt not kill” Washington asked in his Farewell Ad-
monument must be removed from the dress, “[W]here is the security for
Alabama Judicial Building because and reflected in the homicide laws of
property, for reputation, for life, if the
the monument was installed as a rec- every legal system. Those who respect
sense of religious obligation deserts
the right to life may disagree among
ognition of the Judeo-Christian God. the oaths which are the instrument of
themselves as to whether this Com-
But the Ten Commandments have investigation in Courts of Justice?”
mandment prohibits just warfare or
been the foundation of Western law. capital punishment. My own view is Courts cannot do justice if they can-
Around 890 AD, Alfred the Great pro- that the Hebrew term ratsach refers to not discover the truth: Did the defen-
duced the Book of Dooms, the first an unjustified act of murder, not to self- dant commit the crime, or didn’t he?
written legal code to govern all Eng– defense, national defense, or justified And the knowledge that there is an all-
land, and it began with a recitation of executions. But even in these situations, knowing, all-seeing God before whom
the Ten Commandments. The Ten we must never lose sight of the serious- all will give account, even though we
Commandments, and the Old and ness of taking a life that has been cre- may fool the judge and jury, is a pow-
New Testaments in general, were a ated in the image of God. erful incentive to tell the truth.

February 2003 – Chalcedon Report 13


Respect for truth is further ex- covet are much easier to govern than posed of people who recognize that
pressed in the Commandment “Thou those who have not. those rights are bestowed by God. If
shalt not bear false witness.” A soci- All of which brings us to the rights come only from the state, then
ety that has no respect for truth can- basic value of those who founded our they are not really unalienable rights at
not function. Why bother asking legal system: respect for God. This value all, but only negotiable privileges. That
somebody what time of day it is, if the permeates the First Table of the Law: “I which the state gives, the state can take
person is as likely to lie as to tell the am the Lord thy God; Thou shalt have away. Rights cannot truly be unalien-
truth? Why stop at a gas station and no other gods before me; Thou shalt not able unless they come from a higher
ask directions, if we don’t believe most worship a graven image.” Students of source than government, and what
people tell the truth most of the time? the Bible may disagree as to the extent higher source could there be, but God?
Still another value is respect for to which respect for God should be writ- All ten commandments of the
family, expressed in the Command- ten into the law or enforced by law, but Decalogue are relevant to law and gov-
ments “Thou shalt not commit adul- it is the basis for law itself. ernment. And yet, the Federal District
tery” and “Honor thy father and thy Civil government derives its au- Court has ruled that the Ten Com-
mother.” The family is the basic unit thority from God, as Romans 13 and mandments monument must be re-
of society and the basis of governmen- other passages of Scripture make moved from the Alabama State
tal authority as well. Luther’s Small clear. At the time of the Constitutional Judicial Building because the monu-
Catechism, the Heidelberg Catechism, Convention, the constitutions of all ment was placed in the Judicial Build-
and the Catechism of the Catholic thirteen states recognized God as the ing as a recognition of the
Church all agree that the Command- source of governmental authority; Judeo-Christian God. This, Judge
ment to honor parents includes a duty Pennsylvania’s constitution even cited Myron Thompson ruled, constitutes a
to honor all legitimate governmental Romans 13 as support for that propo- violation of the Establishment Clause
authority. John Locke based all govern- sition. The Declaration of Indepen- of the First Amendment, which pro-
mental authority upon the Fifth Com- dence stated that the former colonies hibits government from favoring one
mandment, apparently on the theory were entitled to independence by “the religion above others.
that parents delegate their governmen- laws of Nature and of Nature’s God.”
tal authority to civil rulers. People have greater respect for gov- Tha Supreme Irony
ernment and its laws and institutions And here lies the supreme irony.
Crime and Punishment when they know that government is
sanctioned by God Himself. Judge Thompson holds court in the
While all of the Ten Command-
Federal Courthouse, a few blocks away
ments are relevant to law and govern- God also limits the authority of from the Alabama State Judicial
ment, all are not necessarily the basis civil government, for government is Building. In front of the Federal
for legislation. The Decalogue itself obligated to respect human rights. Courthouse, standing by itself, is a
does not set forth punishments for The Declaration of Independence sculpture of Themis, the Greek god-
violations of the Commandments. But states, “that all men are created equal,
various portions of the Mosaic law set dess of law and justice. Chief Justice
that they are endowed by their Creator
forth punishments for murder, adul- Moore’s attorneys brought this to
with certain unalienable Rights, that
tery, theft, perjury, and dishonoring a Judge Thompson’s attention during
among these are Life, Liberty, and the
parent. Yet so far as I can determine, the trial, but Judge Thompson utterly
pursuit of Happiness.” Jefferson, the
no one in the Bible was ever punished ignored this fact in his ruling.
Declaration’s primary author, also de-
by civil government for coveting. clared, “The God who gave us life, gave These two monuments — The Ten
How, then, is the Commandment us liberty at the same time.” He later Commandments in the Alabama
“Thou shalt not covet” relevant to civil asked, “Can the liberties of a nation State Judicial Building, and the im-
government? Simply this: It is a hedge, be secure when we have removed their age of Themis in front of the Federal
or protection, against other violations. only firm basis, a conviction in the Courthouse — capsulize the real
One who covets his neighbor’s minds of the people that those liber- controversy in this case. Will we be
property is more likely to steal. One ties are the gift of God, that they are governed by the values of the Ten
who covets his or her neighbor’s spouse not to be violated without His wrath?” Commandments as represented by
is more likely to commit adultery. Government is more likely to re- Chief Justice Moore’s monument, or
People who have been taught not to spect human rights when it is com- — Continued on page 32—

14 Chalcedon Report – February 2003


Christian Piety
or Nefarious Perfidy? By John E. Stoos
“Therefore I exhort first of all that supplications, prayers, intercessions, and giving of thanks be made for all men, for kings and all
who are in authority, that we may lead a quiet and peaceable life in all godliness and reverence. For this is good and acceptable in
the sight of God our Savior, who desires all men to be saved and to come to the knowledge of the truth.” 1 Timothy 2:1-4

I n my radio ministry
I often call on the lis-
teners to pray for our
sion. And as long as they are not com-
manding that abortions take place in
my family, as long as I am sounding
them to withstand, in accordance
with their duty, the fierce licen-
tiousness of kings, that, if they
political leaders and the warning from the wall (Ezek. 3:17- wink at kings who violently fall
most times I remind 19), then the blood is on the hands of upon and assault the lowly com-
them to review these simple verses the civil magistrates and those who mon folk, I declare that their dis-
from the Apostle Paul that explain participate in those sinful actions. simulation involves nefarious
why the actions of our civil leaders are perfidy, because they dishonestly
important. We should not call Chris- A Course of Action betray the freedom of the people,
tians to participate in the political However, as Christians we are not of which they know that they have
process to benefit one particular po- left without a further course of action. been appointed protectors by
litical party or another. We should not Unfortunately, there are many times in God’s ordinance. 1
be involved just so we can have per- today’s America when so-called Chris- There was certainly a case of such
sonal peace and affluence. We are tians are more a part of the problem nefarious perfidy recently here in
called to influence and care about the than part of the solution. In the final Northern California when a local
political process because righteous chapter of his historic Institutes of the school board was called upon to pro-
leaders produce godly and reverent Christian Religion, John Calvin takes tect the health and welfare of minor
civilizations that carry the good news dozens of pages explaining the impor- girls placed in their care. A brave mem-
of God’s salvation to the four corners tance of civil government and the ber of the board for the Roseville Joint
of the world, so that all of God’s people Christians’ duty to obey that govern- Union High School, Dean Forman,
will be saved from their sins ment. In the final paragraphs he says, asked that the board review a school
(Rom.10:1-15). “I am speaking all the while of private policy that allowed minor girls attend-
individuals,” and then includes a sen- ing the school to be released for “con-
As Christians we are obligated to tence that has shaken the civil govern- fidential medical appointments” that
understand the Biblical principles of ments of the world to their core: could include abortions. Here in Cali-
submission summarized in Romans fornia it is perfectly legal for organiza-
13:1-10. At a time when abortion-on- For if there are now any magis- tions like Planned Parenthood to
demand is “the law of the land” by de- trates of the people, appointed to arrange for a minor girl to have an
cree of the U.S. Supreme Court and the restrain the willfulness of kings abortion without the knowledge or
radical homosexual agenda continues (as in ancient times the ephors consent of her parents. It will even be
to advance, it can seem very difficult were set against the Spartan kings, paid for by the state because the mi-
for Christians to obey Scripture in this or the tribunes of the people nor qualifies temporarily for Medi-Cal,
area. Here in California our tax dol- against the Roman consuls, or the since she cannot use her parent’s re-
lars are used to pay for approximately demarchs against the senate of the sources. However, there is no state law
40% of the abortions that the govern- Athenians: and perhaps, as things that requires schools to participate in
ment funds in America! In my flesh I now are, such power as the three these ungodly and repulsive actions.
want to be the biggest tax protester estates exercise in every realm All Mr. Forman wanted to do was make
this state has ever seen, but God’s when they hold their chief assem- sure the school itself was not a party
Word says that we are to be in submis- blies), I am so far from forbidding to these actions.

February 2003 – Chalcedon Report 15


After a spirited discussion, the Appointed Protectors civilized nation. The result of their in-
board voted three to two to affirm the action was that some ten million Jews,
As Calvin so rightly pointed out,
current policy of allowing the girls who Christians, Gypsies, homosexuals, and
even if there were such a law, this
had appointments for abortions to be others whom Hitler deemed to be un-
would have been the ideal time for
released from school without the con- fit, lost their lives.
those board members, as “appointed
sent or knowledge of the parents. All The Roseville High School Board
protectors by God’s ordinance” to have
of the parents who spoke at the meet- should have listened to the parents
exercised their proper duty to protect
ing asked that the policy be changed, who entrusted their students to them
the students placed in their care and
but that did not seem to matter to the to hold the erring magistrates above and refused to release minor girls
board majority. The only voices in sup- them accountable for their actions. from school to obtain abortions un-
port of the current policy were the or- Sadly, this was not the case with a pro- less the parents were notified. Every
ganizations that profit from the fessed Christian leading the charge school board in our state should do
abortions and the “student representa- toward failure: “I’m a Christian the same. Every concerned parent
tive” to the board who had been fully woman,” board President Tami who has a minor girl attending a gov-
indoctrinated. It was extremely ironic Brodnik said according to the Bee ernment school that sends minor girls
that Planned Parenthood wanted the story, “but our nation is set up by laws, to have abortions should pull his or
girls to be released to their custody for and I will not enact a policy that asks her daughters out until the school es-
a serious medical procedure like an our employees to break the law.” tablishes the right policy.
abortion, while at the same time ask- Could there be a clearer case of what
ing those students who wanted to en- Calvin refers to as nefarious perfidy? What If...
ter their poster contest celebrating
“Thirty Years of Choice” to be sure and “I am not in favor of abortion,” Perhaps some brave school boards
get their parents’ permission before board member Jim Joiner was quoted would inspire the same type of action
they submitted their posters (honest, as saying in the same Sacramento Bee in other lesser magistrates like city
we don’t make this stuff up!). story. “I don’t like Roe v. Wade, and I’d council members or state legislators. I
like to see it overturned. But the school dream of the day when a strong Chris-
It did not surprise me that parents board doesn’t have the authority to tian majority is elected to a city coun-
thought they should be in the loop overrule legislation.” No, neither Ms. cil somewhere in America. This council
when such serious decisions about Brodnik nor Mr. Joiner gets to sit on the could then pass a resolution declaring
their minor daughters’ well being were Supreme Court or even in the state leg- that abortion is now illegal in their city.
made, and it certainly did not surprise islature, but that does not mean that Of course, the city attorney would
me that the abortion industry would they are not properly elected members quickly tell them that they cannot do
want to continue having unencum- of the Roseville High School Board this, at which point he should be fired
bered access to these profitable little with the right as lesser magistrates to and a good prolife attorney should be
clients with the state paying the bill. hold those above them that are in er- hired to replace him. Next up would be
The nefarious perfidy came from the ror to account. Had these concerned the police chief, who would likely say he
self-professed “Christian” and “prolife” members sat on a school board in Nazi could not enforce such a law. Again, the
members of the majority that sided Germany in the late 1930s, would they council should accept his letter of res-
with the baby-killers at Planned Par- have stood up to the wrong actions of ignation and hire someone who would
enthood. According to the Sacramento Hitler? If an order to deliver some of enforce the law. This is exactly what
Bee story on the meeting, the discus- the Jewish students to the new “camps” John Calvin expected lesser magistrates
sion before the vote “made clear the had been issued would they have said, — that is “any magistrates of the
trustees’ need to reveal their personal “I will not enact a policy that asks our people, appointed to restrain the will-
values to their constituents, while fol- employees to break the law,” or “the fulness of kings” — to do, to hold those
lowing a law most board members said school board does not have the author- above them accountable. In this case the
they did not like.” Of course there is no ity to overrule legislation.” We would state or federal officials would have to
“law” as referred to by the reporter, but hope not, but sadly the historical decide what they were going to do with
that is no surprise since the writer was record is very short on examples of this city that chose to protect its unborn
able to do an eleven hundred word lesser magistrates in Germany who residents. If they came to those mem-
“news” story on the meeting without were willing to hold Hitler accountable bers and said you must allow abortion
ever using the “A” word: abortion. for where he wanted to take that once — Continued on page 32 —

16 Chalcedon Report – February 2003


Election “Law” in America
By Herbert W. Titus
“[The right to vote] is regarded as a fundamental political right, because [it is] preservative of all rights.”
United States Supreme Court Yick Wo v. Hopkins (1886)

I n January 2001, George


W. Bush was sworn in
as the 43rd president of
one vote.” In the case of Bush, the
United States Supreme Court major-
ity recalled that one man/one vote
substitute a candidate for one previ-
ously nominated at a primary after
“the 48th day preceding the date of
the United States. In meant that “the right of suffrage can the general election.” Since Robert
January 2003, Lord be denied by a debasement or dilution Torricelli had withdrawn from the
willing, Mr. Frank Lautenberg (D-NJ) of the weight of a citizen’s vote just as senatorial race on September 30,
will be sworn in as the newly elected effectively as by wholly prohibiting 2002, just 35 days before the general
United States Senator from New Jer- the free exercise of the franchise.” In election, November 5, then no state or
sey. Each man obtained his election the case of Lautenberg, the New Jer- county executive official had any au-
to office not according to a preexist- sey Supreme Court remembered that thority to substitute Mr. Lautenberg
ing rule of law, but by court order. one man/one vote meant that “the for Mr. Torricelli.
right to vote freely for the candidate
In the case of George Bush, a bare That is why the Democratic Party
of one’s choice is of the essence of a
majority of five justices on the United went to court — to force the county
democratic society and any restric-
States Supreme Court ruled that the clerks to do what they were not autho-
tions on that right strike at the heart
popular vote for president in Florida rized to do by statute. Instead of the
had to be “recounted” according to pro- of representative government.”
New Jersey Supreme Court ruling that
cedures that were the same, county by For both courts, the goal of demo- according to the Article I, Section 4 of
county, to the end that no voter’s vote cratic equality trumped the rule of the United States Constitution, only
would be “diluted,” not, as the Florida law. While the United States Supreme the State legislature had authority to
Supreme Court had ruled, according to Court majority acknowledged that determine the “manner” of the elec-
differing procedures as determined by Article II, Section 1, Clause 1 expressly tion, the justices substituted their
each Florida county to the end that no delegates the power to choose the judgment for that of the legislature,
voter’s vote would be left “uncounted.”1 president of the United States to “elec- “construing” the statute “to promote
In the case of Frank Lautenberg, a tors” who, in turn, are to be the goals underlying our election laws
unanimous New Jersey Supreme “appoint[ed] in such Manner as the — to ensure an opportunity for vot-
Court required that Mr. Lautenberg be Legislature [of each State] may di- ers to exercise their right of choice in
placed upon the New Jersey senato- rect,” only three justices of the five the November 2002 senatorial elec-
rial ballot in the place of Robert were willing to rule that the Florida tion consonant with an orderly pro-
Torricelli who had “withdrawn” from Supreme Court’s decision to disregard cess for handling of ballots.”
the race to the end that the people’s the state legislative mandate contra-
“right to vote” would not be “emptied” vened this written constitutional del- Above the Law
by depriving the people of the “right egation of power.
By departing from both the text of
to vote” for a viable senatorial candi- As for the New Jersey Supreme the New Jersey statute and of Article
date nominated by one of the two Court, the justices simply ignored Ar- I, Section 4 of the U.S. Constitution,
major parties.2 ticle I, Section 4 which provides that the New Jersey Supreme Court substi-
the “Times, Places and Manner of tuted its opinion for the rule of law.
Democratic Equality vs. holding elections for Senators and Likewise, by departing from the text
The Rule of Law
Representatives ... shall be prescribed of Article II, Section 1, Clause 2 of the
Both courts rested their opinions in each State by the Legislatures U.S. Constitution, the United States
upon the United States Supreme thereof.” According to statute, officials Supreme Court substituted its opin-
Court’s democratic ideal of “one man/ had not been granted authority to ion for the rule of law. Both courts did

February 2003 – Chalcedon Report 17


______
so because most of today’s judges do decide according to the law of the land...[s]o
not perceive themselves as bound by Mr. Titus practices law in associa- that the law, and the opinion of the judge are
tion with Troy A. Titus, P.C., in Virginia not always ... one and the same thing; since
any written text, but as above it. it sometimes may happen that the judge may
Beach, Virginia and is of counsel to the
It was not so in the beginning. mistake the law.” W. Blackstone, Commentar-
law firm of William J. Olson, P.C. of
ies on the Laws of England 69, 71 (Univ. of
When Chief Justice John Marshall McLean, Virginia. He specializes in Chi. Facsimile ed. 1765).
ruled that, because it is written, the constitutional litigation and appeals. 5
“And it came to pass on the morrow, that
United States Constitution was the ______ Moses sat to judge the people ... And when
Supreme Law of the land, he also 1
Bush v. Gore, 531 U.S. —, 148 L.Ed.2d 388 Moses’ father in law saw all that he did ...,
stated that the Constitution, as it is (2000). he said, What is this thing that thou doest
2
New Jersey Democratic Party, Inc. v. to the people?... And Moses said unto his
written, governed the courts, as well father in law, Because the people come unto
Samson, — Atl. 2d — (2002) http://
as the legislature and the executive.3 lawlibrary rutgers.edu/decisions/ su- me to inquire of God: When they have a
Marshall understood this because he, preme/a-24-02.opn.html. matter, they come unto me; and I judge be-
like Sir William Blackstone 4 and 3
See Marbury v. Madison, 5 U.S. (1 Cranch) tween one and another, and I do make them
137, — (1803) “[T]he particular phrase- know the statutes of God, and his laws.”
Moses, 5 understood that judges do 6
“Judicial power, as contradistinguished
ology of the Constitution of the United
not make law, but merely discover it States confirms and strengthens the prin- from the power of the laws, has no exist-
and state it.6 Until this nation’s judges ciple supposed to be essential to all writ- ence. Courts are mere instruments of the
return to that original understanding ten constitutions, that a law repugnant to law, and can will nothing ... Judicial power
of the limited role of the judge, they the Constitution is void, and that courts, is never exercised for the purpose of giv-
as well as other departments, are bound ing effect to the will of the judge; always
will, both “conservative” and “liberal,” by that instrument.” for the purpose of giving effect ... to the
give only lip service to the rule of law, 4
“[Judges] are the depositary of the laws; the will of the law.” Osborn v. The Bank, 9
while their rulings are far from it. living oracles, ... who are bound by oath to Wheat. 738, 866 (1824).

Natural Law or God’s Law?


There has long been confusion about whether natural law is an acceptable basis for Christian thinking or a Christian view of law. The Declaration of
Independence, for instance, equated natural law and God’s law when it referred to “the laws of Nature and Nature’s God.” Jefferson’s confusion was partly
the rhetoric of a man who was respectful of, but distant from, the Christian faith and partly from the confusion amongst moral philosophers of the era.

Eighteenth century natural law philosophers, and others before them, treated feudal society as a norm rather than an outgrowth of a real, if imperfect,
Christianization of society and its relationships in terms of Biblical law. Thus, God’s law became a given and hence “natural.” Such thinking is not only
non-historical, but also distinctly non-Biblical.

Scripture tells us that nature is fallen and man depraved by a sin nature. Nature is not to be seen as a source of law or revelation. Only God is true and
only His revelation is law. His creation may reflect His law, but is not a source of it. If nature is the, or even an, independent source of law, then man is its
mouthpiece. Natural law is an open invitation to the autonomous mind of man interpreting nature as law.

In a more Christian era, it was easy to see the prevailing ethic as “natural.” It was not natural; it was the moral capital of a Christian culture which had
self-consciously limited state authority after the fall of Rome, the last great pagan empire of antiquity.

Law does not come from nature; law comes from the Creator of nature. In the physical realm “the laws of nature” are a mis-named reference to God’s
established laws over the material creation. Likewise, the reference in moral philosophy to “natural law” credits nature as the self-evident source of
ethics and law.

Much has happened since the eighteenth century use of the term “natural law.” Humanists have become more self-conscious about applying their
philosophy, and will not allow God’s law into moral philosophy any more than they will allow it into biology classes. If a humanist sees law in nature it
is because the mind of man decrees it to be so. In addition, Darwin redefined nature as a random realm of chance. Darwin destroyed the non-Christian’s
belief in nature as a realm of law and substituted the rational scientist as the interpreter of nature. Modern natural law theorists are thus humanistic,
though sometimes conservative humanists. Natural law is, in reality, used as an alternative to God’s law, not its equivalent.

If law comes from nature, God’s revealed law is depreciated. If law comes from God there is no natural law, only God’s law very imperfectly reflected in
a fallen world. If moral law comes to man by the revelation of God in Holy Scripture, we do not need to appeal to the fallen world of nature as a substitute
revelation. Natural law is a false source of law because nature is a false god. It is time Christians stood for God’s law because it is God’s law. If the Word
of God is insufficient to persuade men of moral absolutes, they will not be persuaded by an ambiguous standard such as natural law.
—Mark R. Rushdoony

18 Chalcedon Report – February 2003


Thinking Like A Lawyer
By Jeffrey Tuomala

A few classes into the


first semester of
law school, students re-
Primarily, lawyers analyze cases and
rules. They typically break cases into
parts, which they label as facts, issues,
must be evaluated for rightness before
we can hope to have a synthesis.

alize that legal educa- application, and holdings. They break Biblical Law
tion is much more that rules into parts, often called elements, At the heart of legal reasoning is re-
an advanced game of Monopoly in and elements into sub-elements. Once lating rules, which are general in na-
which they, the players, acquire a ba- they have engaged in breaking cases ture, to fact situations, which are
sic knowledge and comprehension of and rules into components, they must specific in nature. It involves the rela-
rules that can be readily applied to compare them to other cases and rules tionship of universals to particulars, or
given fact situations. and bring them together as a whole. of the one to the many. R. J. Rushdoony
This is the process of synthesis. Par- powerfully noted that this basic meta-
Ask any law professor, “What is ticular rules must be compared with
the raison d’être of a legal educa- physical problem is resolved in the
other rules and cases for consistency, Trinity, in which neither the One nor
tion?,” and most likely he will re- and they must be organized under
spond that it is to “teach students to the Many is ultimate, and that each of
more general rules or principles that the persons of the Godhead dwell in
think like lawyers.” Thinking like a subsume the particulars.
lawyer involves going beyond the perfect harmony with the others.
simple accumulation of knowledge At the highest level of Bloom’s tax- The view that law is a corpus juris, a
and comprehension of rules. onomy is “evaluation.” In law, the body of law, is based in Christian theol-
rules must be evaluated for rightness ogy as it reflects the truths revealed in
Legal Components and wrong. It is obvious that evalua- Scripture. Harold Berman sums this up
tion is futile if there is no standard by nicely in his description of the concept
Students expect to operate on the
which to evaluate. The futility of the of corpus juris: “the validity of an en-
three lowest rungs of Bloom’s tax-
onomy of educational objectives: non-Christian’s attempt to engage in acted law depended on its conformity
knowledge, comprehension, and ap- evaluation is apparent in one defini- to the body of human law as a whole,
plication. Their professors demand tion of evaluation: “Judging the value which in turn was to conform to both
that they function effectively on the of material based on personal values/ natural law and divine law” (Law and
three highest rungs of the taxonomy: opinions, resulting in an end product, Revolution, p. 146). Most basic law li-
analysis, synthesis, and evaluation. with a given purpose, without real braries contain a multi-volume legal
right or wrong answers.” encyclopedia, titled Corpus Juris Secun-
Although law students remain very
adept at analysis, they have increasing In this world of relativism, that the dum. It is an attempt to systematically
difficulty engaging in synthesis and are inability of a non-Christian to engage set forth as a comprehensive whole the
virtually unable to engage in evalua- in synthesis is not apparent. Synthesis law of the United States. It pays tribute
tion. They are able to break things into operates on the assumption that the to a thousand year old Western legal tra-
components (analysis), but find it dif- parts are related to one another and to dition that law is a comprehensive, con-
ficult to relate the parts to one another the whole. There will be a consistency sistent body of laws based on truth that
in a coherent and comprehensive between the parts, the whole will com- corresponds with reality. It reflects how
whole (synthesis). And they have no prehend the parts, and the mental con- deeply embedded is the Christian no-
fixed and objective standards by which struct will correspond with the world. tion of a corpus juris in law, even today.
they can evaluate rightness and truth.
They are faced with the prospect of ei- We do not engage in analysis, syn- Chief Justice Roy S. Moore of the Ala-
ther redefining what it means to think thesis, and evaluation as three distinct bama Supreme Court has championed
like a lawyer or embracing the Chris- and separate processes. Particulars the restoration of the moral foundation
tian worldview that enables them to never exist except in relation to each of law. It is easy to see how the Ten Com-
think like lawyers. other and the whole. And particulars mandments provide a standard by

February 2003 – Chalcedon Report 19


which to evaluate human laws. They A. The rule which God at first re- tivism, which is often referred to as for-
provide a fixed and universal standard vealed to man for his obedience, malism. Radicals of the far left who
of right and wrong. But the law of God was the moral law. believe that the rule of law is a myth
also provides the moral standard by believe that they can prove their point
Q. 41. Where is the moral law
which lawyers can engage in the pro- by discrediting legal positivism or its
summarily comprehended?
cesses of synthesis and analysis. It pro- two mainstream twentieth-century
vides our assurance that the parts will A. The moral law is summarily offspring — sociological jurispru-
fit together as part of a whole. comprehended in the ten com- dence and legal realism. While the ana-
mandments. lytical positivists believe that
The greatest commandment, and the
most general statement or principle of Q. 42. What is the sum of the ten lawmakers can enact a comprehensive
God’s law, is “love the Lord your God.” commandments? and logically coherent body of law, the
The second greatest commandment is sociological positivists focus on the
A. The sum of the ten com- lawmaker’s duty to maximize society’s
like it, “love your neighbor as yourself.” mandments is, To love the Lord wants. The basis for enacting laws has
“On these two commandments hang all your God with all our heart, with
the law and the prophets.” These two become the satisfaction of competing
all our soul, with all our desires of diverse interest groups.
general principles summarize all the strength, and with all our mind;
particular laws of Scripture. There is no and our neighbor as ourselves. Modern man’s view of law since
conflict between any of the commands Pound is based on interest-group poli-
in Scripture. As Paul writes in the book Legal Contradictions tics and competing interests. As a re-
of Galatians, there is no law in Scripture sult there really are no rights, and
contrary to love. All of the particular Legal positivism became the pre- Constitutional adjudication becomes
commands are subsumed in the law of vailing legal philosophy of the nine- little more than balancing competing
love and every particular command em- teenth century and in essence prevails interests and favoring one over another.
bodies the law of love. There can be no today. It did not claim that law was Because laws are enacted and cases are
conflict between the parts or between completely divorced from morals. It decided in such a way as to satisfy the
the particulars and the general. There simply claimed that law did not de- desires of competing groups, as opposed
is in fact a body of law. pend on the adoption of any particu- to any rational basis, case decisions and
lar moral values. Legal positivists statutes become increasingly contradic-
The Two Greatest Commandments, removed the possibility of evaluation tory. There is no longer a body of law.
then, are a summary of the Ten Com- from legal reasoning. At the same There are only groupings of laws, many
mandments and the Ten embody, and time, they retained a belief in the pos- of which are inconsistent. Because there
give more particular application of, sibility of analysis and synthesis. are no absolutes there is no possibility
the Two. But Paul tells us that the Ten
Legal positivism was accompanied of restoring the corpus juris by weeding
Commandments are also something
by the movement to codify the law. out that which is not law. At the same
in the nature of a summary or state-
Legislators were to base statutes on any time the courts claim that we are a
ments of general principles of law. All
values to which they chose to give the people governed by law not men.
of God’s law may be summarized in
the Ten Commandments. It is this re- force of law. From these general prin- Radical law professors who believe
ality that makes analysis and synthe- ciples were to be deduced more par- that there is no possibility of law focus
sis possible. ticular laws to be applied ultimately to on the many inconsistencies in the law
individual cases. They assumed that as proof that there is no such thing as
Calvin’s commentaries on the law could be given any moral content law. Of course, in order to criticize a lack
Pentateuch arrange and address the desired without destroying the ability of logical consistency it seems they must
entire first five books of the Bible un- to relate the parts to one another in a assume the truth of the very thing which
der the headings of the Ten Com- consistent, coherent body of law. Cor- they deny — that there is such a thing
mandments. This view of law is taught respondence to the real world was ir- as logical consistency by which they can
in the Westminster Catechism in relevant because the purpose of law judge things inconsistent.
question-answer format. was to create a social order, not to re-
flect eternal verities. Christian legal education is the only
Q. 40. What did God at first re-
antidote to the fatal conditions of cyni-
veal to man for the rule of his In the legal academy, the fate of rule
obedience? of law has become linked to legal posi- — Continued on page 31—

20 Chalcedon Report – February 2003


A Christian Philosophy of History:
Judgments in History
By Roger Schultz
“History is just a way of prised at how often my young children Christ-centered faith, and it is clear
separating the good ask if a certain president was good or that what a person believes about
guys from the bad bad. “History is not quite that simple Christ is critically important.1 Indeed,
guys.” That’s what I and individual leaders are very com- in The Foundations of Social Order,
sometimes tell my stu- plex,” I usually try to explain, wearing Rushdoony shows the cultural and
dents, and they like this practical ap- my historian’s hat. But I am never suc- political significance of creedal state-
proach to the discipline. Professional cessful. They want a simple and com- ments. One’s theological commit-
historians, however, often scorn at- prehensive explanation: something ments will influence the direction of
tempts to make moral judgments in like “President X was a dirt-bag,” or his life and is a valid area of histori-
history, considering it dualistic or “President Y is our hero.” Then they cal scrutiny.
“Manichaean.” Moral judgments in want me to give a rationale for that Third, Scripture offers a behav-
history are inescapable, and the Bible judgment: why the leader is a bum or ioral measuring stick. Jesus warned
establishes both precedent and para- a great guy. In other words, they want that good trees do not produce bad
digm for such judgments. the criteria we should use in judging fruit. He predicted that some would
history and its leaders. As Christians, even approach Him on the last day
Historical judgments are unavoid-
we should be eager and able to give saying, “Lord, Lord” — thus profess-
able. Whether they rest upon personal
our Biblical criteria for moral judg- ing to know Jesus with some inti-
biases, or ideology, or faith, everyone
ments of the past. macy. Yet Jesus repudiates them, says
makes evaluations of history, histori-
cal figures and the direction of na- that He never knew them, and points
Biblical Parameters
tions. The academics I have known, to their lawless deeds (Mt. 7:23).
for Historical Judgments
for instance, usually judge history Faithfulness, personal morality, and
from a worldview that is liberal or Our historical judgments are true public virtue are fair items for his-
politically correct. The annual meet- and fair in so far as they follow God’s torical review and assessment. For
ings of the American Historical Asso- Word. God is the perfect judge, able to Christian history, “character counts,
ciation, have been nicknamed the assess the depths of the human heart. and morality matters.”
“race, class, and gender meetings,” Though we are unable to judge per-
As a corollary to this, it is absolutely
because those are the themes and fectly and exhaustively, we can make
imperative that Christians know the
questions that matter most to liberal judgments with confidence as we de-
moral law of God and use it as an in-
historians. People may employ differ- pend upon the standards or measur-
strument for judging the past. Jesus
ent standards to judge the past, but it ing stick given in God’s Word. said, after all, that He did not come to
is clear that judgments are inevitable. First, Scripture gives an evangeli- abolish the Law and the Prophets (Mt.
The Bible gives good illustrations of cal measuring stick. Hebrews 11 says 5:21). As the great Baptist Confession
how to make historical judgments. that without faith it is impossible to of 1689 puts it, “The moral law doth for
David was a good king. He was sinful, please God and then provides a list of ever bind all ... to the obedience
to be sure, and the Bible discusses his the heroes of the Faith. There are two thereof; neither doth Christ in the Gos-
failings, but ultimately he was a man kinds of people in the world: those liv- pel any way dissolve, but much
after God’s heart. Ahab was a wicked ing in faithful submission to God, and strengthen this obligation.”3 God’s law,
king, although the Bible notes a moment those in rebellion against Him. Any then, is a measuring standard for the
of humility. In short, God gives us brief, creditable history will take seriously lives of men and nations.
straight-forward judgments — about the question of faith.
Fourth, Scripture gives idolatry
kings, and individuals, and nations.
Second, Scripture gives a measur- and false religion as a measuring stick
Historical judgments also have ing stick of orthodoxy. The New Tes- for historical judgments. The first
great pedagogical value. I am sur- tament emphasizes a proper, orthodox chapter of Romans gives an overview

February 2003 – Chalcedon Report 21


of human rebellion and shows how Seventh, Scripture gives a measur- Eschatological Surety of
people and cultures have repudiated ing stick of power. It is instructive to Historical Judgments
the knowledge of God within them see how individuals and leaders use Matthew 25 records that one day
and corrupted the true worship of power and authority. This includes
Jesus will separate the nations. He will
God. All false religions are rooted in authority in the family (1 Tim. 3:4),
divide the good guys from the bad, the
rebellion against God. In Idols for De- the church (1 Peter 5:2-3), and in
sheep from the goats, the righteous from
struction, Herbert Schlossberg offers politics (Lk. 22:25). Do leaders seek
the dirt-bags. He will review the deeds
a compelling contemporary critique to be servants, or are they concerned
and faithfulness of the children of earth.
of the idolatries of our own age. about capturing power? Do they
One day, a final and perfect historical
model the characteristics of leader-
Fifth, at the conclusion of Ro- judgment will be rendered. The task of
ship given in the Bible?
mans 1, Scripture gives a measuring the Christian historian is to render judg-
standard of cultural and moral de- Deuteronomy 17 has an excellent ments on history and its actors conso-
clension. Rebellious and idolatrous catalog of requirements for kings and nant with the judgments of God’s Word.
cultures are finally given over to gro- prescriptions for how they should gov-
Psalm 2 describes the great rebellion
tesque forms of depravity. The Chris- ern. The Bible requires that the king
against the Lord’s Anointed. This con-
tian can easily “grade” a culture by will be a “brother,” coming from the
spiracy is not restricted to the insider-
applying the standard of Romans. people and not feeling elevated above
elite; it involves the governors and
(For an example of the temporal judg- them. The Bible prohibits kings from
leaders, peoples and nations of earth.
ments falling upon rebellious nations, doing certain things (amassing wealth,
The rebellion is against Christ and His
read Leviticus 18. These wretched collecting war horses, multiplying
law. Scripture says that this was fulfilled
nations of Canaan had behaved so wives). Most importantly, God estab-
at Calvary (Acts 2), when the leaders
abominably, God says, that the land lishes a covenantal or contractual foun-
and peoples of earth conspired to kill
itself “spewed” them out.) dation for the monarchy. God required
Christ. Arising from the Psalm are two
that the king read the law of God, write
Sixth, Scripture gives a measuring questions that can be applied to every
it out in his own hand (in the presence
stick of humanism. Referenced in Ro- person and nation of earth and may be
of the priests), and meditate upon it for
mans 1, this problem is clearly illus- used as tools of historical judgment.
all his days. The Word of God was to be
trated in Genesis 10 at the construction First, how do they deal with Christ? Do
foundational for good government.
of the Tower of Babel. Unified by a com- they honor and submit to the King of
mon language, a common confession The warnings about statist govern- Kings? Second, how do they deal with
and a common rebellion against God, ment in 1 Samuel 8 also give standards His law? Are they obedient to His Word?
the people of Babel sought to erect an for evaluating nations. The people of The conclusion of Psalm 2 is both force-
indestructible tower, to reach to heaven Israel sought a king who would judge ful and evangelistic: “Do homage to the
and make a name for themselves. One them and fight for them “like the na- Son, lest He become angry and you per-
of Rushdoony’s great contributions tions.” (The nations surrounding Israel ish in the way. . . How blessed are all who
was to show the essentially religious were pagan and humanistic, governed take refuge in Him!”
and pseudo-salvific nature of human- by deified leaders.) In this request, God ______
istic systems. Of the United Nations, for proclaims that the children of Israel re- Dr. Schultz is Chairman of the
instance, he argues that its first pudiated His kingship and acted con- History Department at Liberty Univer-
premise is “[s]alvation by law...the sistently with their Exodus idolatry. sity in Lynchburg, Virginia.
hope and salvation of man and of so- God tells Samuel to warn the Israelites ______
ciety is through world law.” That stands of the nature of the humanistic statism
1
in stark contrast to the orthodox Chris- they admired. The king would con- For examples of Scripture underscoring a
proper Christology, see Matthew 16:16, I
tian faith: “For the orthodox Christian, script young men for his armies. He
Timothy 3:16, and I John 2:22 and 4:1-3.
the law cannot save; it can only con- would coerce young people into his na- 3
London Baptist Confession 19:5. The Lon-
demn. The law cannot create true peace tional service. He would enforce emi- don Baptist Confession of 1689 is a magnifi-
and order; it cannot save man and so- nent domain, taking the best of their cent Baptist doctrinal formulation, based
ciety from the consequences of their land. And he would tax them at obscene upon the Westminster Confession of Faith.
sin. Christ alone is the prince and prin- and ungodly rates (10%). We might well 4
Rousas Rushdoony, The Nature of the
ciple of peace and of order, man’s only expect God’s displeasure on any other American System (Fairfax, Virginia:
savior and mediator.”4 nation pursuing statist government. Thoburn Press, 1978), 115-116.

22 Chalcedon Report – February 2003


America’s Central Banks
An Evaluation of How They and The Federal Reserve
Bank Have Performed — Part 2
By Tom Rose©

V era Smith made an


exhaustive study
of central banks in
payments.... A general abandon-
ment of the gold standard is in-
conceivable under these
minded of Biblical admonitions that
people should not place their trust in
princes (Ps.118:9; 146:3).
1935. She sought the conditions, and with a strict in-
answer to two ques- terpretation of the bankruptcy The Blessing of a
tions: “Why do central banks come laws any bank suspending pay- Gold-Based Currency
into being in the first place?” and ments would at once be put into As the [Second] Bank was closing
“Why have they persisted?” Here is a the hands of a receiver. down (1833-1835), the Treasury re-
summary of her findings: A central bank, on the other ported the following increases in the
[T]he early ones [central banks] hand, being founded with the circulation of metallic coins. This ad-
were founded for political rea- aid either direct or indirect of ditional circulating media replaced
sons connected with the exigen- the Government, is able to fall the paper banknotes which the Bank
cies of State finance . . . but once back on the Government for pro- was forced to draw out of circulation
established, the monopolies per- tection from the disagreeable because of the reduction in govern-
sisted right up to and beyond the consequences of its acts. The ment deposits held by the Bank:
time when their economic justi- central bank, which cannot meet
1833: Gold = $978,550
fication did at last come to be its obligations, is allowed to sus-
Silver = 2,759,000
questioned . . . and thereafter the pend payment and to go off the
Copper = 28,160
superiority of central banking gold standard, while its notes are
Total = 3,765,710
over the alternative system [i.e., given forced currency. The his-
the system of free banking] be- tory of central banks is full of 1834: Gold = 3,954,270
came a dogma which never again such legalised bankruptcies.3 Silver = 3,415,002
came up for discussion and was When President Franklin D. Copper = 19,151
accepted without question or Roosevelt issued his Executive Order Total = 7,388,423
comment in all the later founda- in 1933 that denied Americans their 1835: Gold = 2,186,175
tions of central banks.. . . 1 right to convert Federal Reserve Notes Silver = 3,443,003
A central bank is not a natural into gold, he in effect relieved the Fed- Copper = 39,489
product of banking develop- eral Reserve from its legal obligation Total = 5,668,667
to either “pay up on demand” or go
ment. It is imposed from outside Totals Gold 7,118,995
bankrupt. In short, the banking elite
or comes into being as the result Silver 9,617,005
escaped the legal responsibility of
of Government favours. 2 Copper 86,800
“paying up on demand,” thus the bur-
She points out that, under a system den of debt incurred by elite finan- Total 16,822,800
of true free banking: ciers was forcibly shifted onto the What is the significance of the
No bank would have the right to common man. amount of metallic coinage issued by
call on the Government or on A bonafide gold-coin standard (the the Treasury to replace the paper
any other institution for special legal guarantee of converting paper banknotes that had been issued by the
help in time of need. No bank [Second] Bank? The answer is
banknotes into gold or silver coins
straightforward:
would be able to give its notes upon demand) was still in effect in
forced currency by declaring 1913 when Congress passed the Fed- “Power is where the gold is!” If
them to be legal tender for all eral Reserve Act. We are again re- gold (and silver) is in the hands

February 2003 – Chalcedon Report 23


of the civil government or in Andrew Jackson achieved in his suc- over the long term, but whenever
the hands of central bankers, cessful battle against the [Second] this necessary condition was not in
they are the ones who wield Bank. His elimination of America’s sec- operation, the purchasing power of
economic and political power ond central bank had a lasting and dy- the dollar tended to decline. Please
over the citizens. But if gold namic effect of empowering the average study the following graph which
(and silver) is in the hands of citizen economically and politically. shows the purchasing power of the
citizens, then they are the ones dollar over the last 200 years (with
who are in a position to wield Boom/Bust Cycles 1792 = 1.00):
economic and political power If we observe the historic expan-
over the civil authorities and sions and contractions of the
Purchasing Power of the Dollar
(1792 = 1.00)
bankers. The people can wield economy, which were caused by mon- 1.50

such power through the simple etary injections (inflation) and mon- 1.00

process of invoking what I call etary contractions (deflation), this is


their “veto power,” by cashing what we find: From 1800 to the 0.50

in their paper money or check- present, we see that almost all eco- The solid portions of the curve show

ing accounts to withdraw gold nomic “boom periods” were the result
periods when the dollar was redeem-
able into monetary commodities (gold
or silver) and the broken portions are
(or silver) from the banking of injecting newly created unearned
periods when redeemability at fixed
rates was impaired. The circled
portions show periods of disinflation
system. A gold-coin standard purchasing media into the economy 0.10
or deflation.

guarantees the right of people by the civil authority and/or banks.


0.08
1780 1800 20 40 60 80 1900 20 40 60 80 2000

to exchange paper money for These injections of unearned money


Note: Purchasing power was calculated from the Wholesale Price Index (source: U.S.
Department of Labor).

gold (or silver) whenever they caused prices and nominal profits to
choose to do so, for any reason, rise (and wages also), thus sending In 1933 President Franklin D.
or for no reason at all. When in false economic signals to business Roosevelt issued his unconstitutional
the hands of ordinary citizens, entrepreneurs. These false economic Executive Order which took America
this robust monetary discipline signals led business entrepreneurs to off the gold standard. American citi-
sends helpful chills of fear into make over-energetic decisions zens acquiesced because they trusted
the hearts of both civil authori- through which they made mal-invest- their civil rulers (a deadly mistake!).
ties and bankers. It keeps them ments, thereby generating losses in- Since that time the purchasing power
honest! And politicians, gov- stead of the hoped-for profits. Only of the dollar has gone into a steep de-
ernment bureaucrats, and cen- banks, civil rulers, and counterfeiters cline which has never been reversed.
tral bankers especially, do not are able to inject new, unearned This long-term drop in the purchas-
like to live in such a whole- money into the economy, with the ef- ing power of the dollar (rising price
some atmosphere of citizen- fect of debauching the purchasing levels) is the direct result of the fed-
imposed discipline! When power of already-existing money. At eral government and the Federal Re-
such power is in the hands of heart, this is a moral problem regard- serve Bank having colluded with each
politicians and banks, the ing the commandment “Thou shalt other to generate a long-continued in-
people suffer under tyranny. not steal!” flationary spiral, the result of ever-in-
But when such power rests in creasing deficit spending for both
the hand of citizens, people During the 1800s general price lev-
els always tended to return to “nor- domestic and wartime spending and
enjoy the blessings of freedom, spending on so-called “foreign aid.”
self-responsibility, and privacy mal” after the inflationary booms, but
only under one necessary condition: All of this was financed by rising lev-
from government snoops. In a els of taxation and insidious money-
republic, the only safe reposi- The necessary condition is the exist-
ence of a gold/silver-based monetary creation by the Federal Reserve Bank.
tory for insuring honest control
of the money and banking sys- system through which citizens have By the year 2000, the long-term in-
tem is in the hands of widely the legal right at all times to demand flationary monetary policy followed
dispersed individuals.4 conversion of government-created or by the federal government and the
bank-created paper money into gold Federal Reserve generated the largest
This widespread dispersal of eco- or silver coins. Whenever this neces- speculative bubble in America’s his-
nomic power in the hands of the com- sary condition existed, the U.S. dollar tory, which is now in the process of
mon man is exactly what President tended to rise in purchasing value disintegrating. It was the elimination

24 Chalcedon Report – February 2003


of the gold standard in 1933 that Bank of England, invited Benjamin — sent Henry P. Davison, second in
made this long-term inflationary spi- Strong, Governor of the New York Fed- command at J.P. Morgan & Company,
eral Reserve Bank, to visit him in En- to England. He secretly negotiated to
...the existence of the Fed- gland. Strong colluded with Norman for have the House of Morgan named as
eral Reserve Bank has not the Federal Reserve to follow a “loose” the sole purchasing agent in these
protected the purchasing monetary policy to reverse the gold flow United States for the Allied Powers
power of the dollar, but has that America was attracting because of (England and France). The House of
actually aided and abetted our higher interest rates. This policy Morgan also became the underwriter
its demise! caused a speculative bubble in the stock to market all the bonds in America
market which ended in the stock mar- that England and France would issue
ral possible. Remember, the people’s ket crash of 1929. The underlying cause and sell to American citizens to pay
legal right to express their “veto of the 1920s boom and the Great De- for the immense amount of war ma-
power” by demanding gold and silver pression in the 1930s was misguided terials needed to conduct the war
coins in exchange for government- monetary policy implemented by the against Germany. 7 Sale of these for-
created and Federal Reserve-created Federal Reserve.6 Since establishment eign bonds to Americans was fostered
paper money was taken away from of the Federal Reserve in 1913, the way by the “loose” monetary policy the Fed
them in 1933. With loss of the gold was open for political rulers, in secret followed during World War I to facili-
standard, Americans would no longer collusion with the Federal Reserve, to tate aiding the Allies. It served to in-
be able to impose a healthy economic use deficit spending to involve Ameri- volve these United States of America
discipline on civil rulers or on their cans in one foreign war after another more deeply in the constant European
central bank by forcing them to con- and to embark on massive domestic wars, something President George
vert paper dollars into gold coins. spending programs through which citi- Washington warned us about in his
zens would be seduced to surrender Farewell Address.
The purchasing power of the dollar
their historic constitutional freedoms,
dropped consistently, from almost 100 These international financial ar-
thus becoming economically dependent
cents on the dollar in 1933, to only 8 rangements also gave the Morgan
on the central government. The above
cents in the year 2000. As we can see, banking interests a strong motivation
graph showing the purchasing power of
the existence of the Federal Reserve to see that England and France would
the dollar cries out to be studied and
Bank has not protected the purchasing win the war as assurance that they
clearly understood by freedom-loving
power of the dollar, but has actually would pay off the bonds. Indeed, the
individuals.
aided and abetted its demise! The loss British government set up an active
of almost 92% in value of the dollar propaganda office in New York City to
How Has the Federal Reserve
since 1933 tells the whole sad story! flood the news media with false reports
Performed?
Contrary to promises that misled the to change the existing pro-German
American people to accept it in 1913, With the establishment of public opinion in America to a pro-
the Federal Reserve has proven to be a America’s third central bank in 1913 British stance. Thus, it is quite accurate
collusive “engine of inflation” which (the Federal Reserve Bank), the big- to say that international banking in-
has systematically and insidiously bank interests had succeeded in giv- trigue and collusion served to induce
served to plunder Americans of their ing birth to a “lender of last resort” Americans to “sell” war goods to En-
wealth by debauching the currency. which would be used time and time gland and France via credit-based
again, at taxpayers’ expense, to bail big banking in World War I. This served to
While wartime spending by the fed-
banks out of bad loans which were draw America into its first foreign war
eral government was reversed after
created through their own periodic
World War I, the Federal Reserve, which during the twentieth century — an in-
helped finance the war through money monetary inflations.
sidious and little-understood process
creation, purposely turned to inflating When World War I broke out in that would be repeated again and again
the money supply again in 1924 to keep 1914, the House of Morgan — which right up to the present time.
interest rates down. The purpose was to dominated the Federal Reserve at that
Murray Rothbard writes:
assist Britain to return to the gold stan- time through Benjamin Strong (Gov-
dard at an unrealistic price in terms of ernor of the New York FRB), and During World War I, Strong
Britain’s monetary unit, the pound. In which had long-term financial ties promptly used his dominance
1924 Montagu Norman, President of the with key banking interests in England over the banking system to cre-

February 2003 – Chalcedon Report 25


ate a doubled money supply so In1985 U.S. monetary officials at- some segments of society at the ex-
as to finance the U.S. war effort tended a meeting in Japan to engage pense of others, thus engaging in le-
and to insure an Anglo-French in what is called “international mon- gal plunder?” Or better yet, does the
victory.... 8 etary cooperation” (international history of America’s central banks —
monetary collusion would be a more the [First] and [Second] Banks of the
The same process of massive
accurate term to use). As a result, the United States as well as the Federal
loans to Britain and France —
Federal Reserve agreed to follow a Reserve — show them to have been a
coupled with the Federal
“loose” monetary policy to hold down blessing or a curse to Americans?
Reserve’s unlimited power to
interest rates. This policy was almost Central banks are not necessary to the
create unearned, credit-based
an exact replay of the collusive agree- economic health of a country; they
money — was again largely re-
ment that Governor of the New York engage in a form of legal plunder by
sponsible for dragging these
Federal Reserve Bank, Benjamin favoring certain special-interest
United States of America into
Strong, made with Montagu Norman groups at the expense of others, and
World War II on the side of the
in England in 1924, creating the they pose a real threat to, not only the
Allies. My point in emphasizing
speculative bubble of the 1920s which political and economic freedom of the
this fact of history is to drive
ended in a massive stock market crash people, but also to their peaceful eco-
home this truth: The very exist-
in 1929. The collusive monetar y nomic progress.
ence of central banks with their
agreement of 1985 also induced a
money-creating power makes it What Is the Conclusion?
speculative stock market bubble, end-
much easier for political rulers
ing in the stock market crash of 1987. An historical review of America’s
and the elite powers behind the
scenes (Eph.6:12) to involve To reverse falling stock prices, the monetary and banking system shows
peace-loving citizens in foreign Federal Reserve flooded the market that the existence of central banks:
wars. Citizens are much less sus- with newly created, unearned money 1) Has not protected the pur-
ceptible to acquiesce in the war- and encouraged private banks to readily chasing power of the dollar,
mongering intrigues of political supply loan money to stockbrokerage but rather has served as an
leaders and special interest firms. Since 1987, every time the stock insidious “engine of inflation”
groups when they have to pay for market sagged, the Federal Reserve has to systematically debauch the
wars on a pay-as-you-go basis supported stock prices by injecting new currency.
through higher taxes.9 money into the economy, resulting in
rising price levels and lower interest 2) Encourages monetary collu-
A look at some 200 years of United sion between international
rates which severely reduced the real
States monetary history shows that banking elites.
incomes retired persons received from
gold-based and silver-based money is
their savings. Thus, one segment of so- 3) Makes it easier for civil rul-
the common man’s best friend when it
ciety (big banks) was helped by Federal ers to involve our country in
comes to protecting the purchasing
Reserve monetary policy while other foreign wars through credit-
value of money. The guaranteed legal
segments (retired people) were hurt. based deficit spending.
right of citizens to “trade in” their paper
This is what Frederic Bastiat termed as
money for gold or silver coins, at any “legal plunder” in 1849: 4) Did not preserve the gold-coin
time they wish, is the only proven means standard but rather encour-
of ensuring that the purchasing value of But how is this legal plunder to aged inflationary monetary
their money won’t be insidiously de- be identified? Quite simply. See policies that led to abandon-
bauched. The existence of a central bank if the law takes from some per- ment of the gold standard,
will inevitably undermine the assurance sons what belongs to them, and thus robbing citizens of their
of converting paper money into gold. gives it to other persons to whom individual “veto power” over
it does not belong. See if the law the grandiose spending of
Where Are We Now? benefits one citizen at the ex- civil rulers, and making citi-
pense of another by doing what zens more dependent on civil
In 2002 our country went through
the citizen himself cannot do rulers and government-be-
the deflationary phase of a long-con-
without committing a crime.10 stowed “dainties.”
tinued inflationary monetary boom
that was engineered by the Federal The question to pose is, “Should 5) Fostered the development of
Reserve. Here is the recent history: central bank policy be used to benefit fascism (national socialism) in

26 Chalcedon Report – February 2003


America by empowering the silver coins in exchange for paper 2
ibid., 169.
3
Federal Reserve to constantly money in order to protect their hard- ibid., 170.
4
manipulate the economy for earned wealth and economic inde- For many years I shared this maxim with
students in my classes of Money and
the benefit of powerful busi- pendence? Banking and Economics.
ness, banking, and political in- ______
5
“The Investor’s Dilemma,” Research Re-
terests, thus leading to periodic Tom Rose is retired professor of ports, American Institute for Economic Re-
inflationary boom/bust cycles economics, Grove City College, Pennsyl- search, 23 December 2001, 137.
which tend to impoverish or- vania. He is author of nine books and 6
For a detailed discussion of gold and its
dinary citizens. hundreds of articles dealing with role in preserving man’s economic and po-
economic and political issues, including litical freedom, See: Tom Rose, “All About
6) Poses a real threat to the eco- economic textbooks for use by Christian Gold,” chap. in God, Gold, and Civil Gov-
nomic and political freedom colleges, high schools and home ernment (Mercer, PA: American Enterprise
of American citizens. educators. Rose's latest books are: Free Publications, 2002), 101-125.
Enterprise Economics in America and 7
Murray N. Rothbard, The Case Against the
Do not the blessings of liberty and God, Gold, and Civil Government, Fed (Auburn, AL: The Ludwig von Mises
self-responsibility demand that the published by American Enterprise Institute, 1944), 128.
control of money rest safely in the Publications, 177 N. Spring Road, 8
ibid., 129.
9
hands of citizens who individually Mercer, PA 16137. Phone: 724-748-3726; We saw this process being implemented
have the power, at any time and for Website: www.biblicaleconomics.com. through the 2002 propaganda program to
______ convince American citizens of the “need”
any reason, to “veto” the grandiose 1 to attack Iraq.
Vera C. Smith, The Rationale of Central
spending plans of civil rulers and the Banking (Westminster, England: P.S. King 10
Frederic Bastiat, The Law (Irvington-on-
money-manipulation schemes of cen- & Son Ltd., 1936; reprint, Indianapolis, IN: Hudson, NY: The Foundation for Economic
tral bankers by demanding gold and Liberty Press, 1990), 167-68. Education, Inc., 1974), 21.

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program. Learn how to start, own, and www.biblicaleconomics.com. Mention Susan Burns at chalcedon@netscope.net. postpaid from Chalcedon.
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February 2003 – Chalcedon Report 27


28 Chalcedon Report – February 2003
Statism and Theological
Liberalism By Timothy D. Terrell

R ecently, in prepara-
tion for a confer-
ence presentation, I
cal, if not explicit, conclusion of liberal
theology is that God is a creation of
man, a fiction that man creates for his
What is the path that takes
a person from denying
spent some time sur- own comfort. The idea of a god may be orthodox Christianity to
veying the social doc- a crutch to help get him through life, glorifying the state?
trines of several Protestant denomi- to make sense out of chaos, so that the
nations. I was reminded, as I went god is really the servant of men. Man, process must be invoked to discern
through social creeds and policy therefore, becomes the origin of law, the “greatest benefit.” This may be de-
statements, of the strong and consis- and only a humanistic social order can mocracy or totalitarianism (or both!),
tent relationship between theological be consistent with this theology. Doing but it will certainly not be limited by
liberalism and the political philoso- good to other humans, or humanitari- divine law. As Rushdoony wrote:
phies that give enormous power to the anism, is righteous in itself, and not be-
cause it is what God has commanded. [T]he democratization of soci-
state. Why is it that the same people ety goes hand in hand with the
who hold to some form of theological As R. J. Rushdoony noted in Politics of
Guilt and Pity: divinization of the state. Power
liberalism so often adhere to statist and right are withdrawn from
ideas? What is the path that takes a [Theological liberalism] accepts God and given to the people.
person from denying orthodox Chris- either the autonomous reason of When the people become the lo-
tianity to glorifying the state? man or the autonomous state as cale of right and power, that
The connection is certainly too its basic political center and right and power express them-
common to be accidental. Theologi- principle, and it calls a state selves in the form of the state,
cally liberal organizations such as the “Christian” insofar as it minis- the high point of power and the
World Council of Churches are invari- ters to human needs and “hu- god of the system.2
ably hostile to capitalism and ame- man rights,” not in terms of any
theocentric standard. In terms Even “conservative” or “fundamental-
nable to most of the key tenets of ist” congregations that hold to a man-
socialism. Statism of one variety or of theological liberalism, to be
“Christian” is to be humanitar- centered doctrine of salvation, or
another is pervasive in the mainline man-centered forms of worship, some-
Protestant denominations — one ian, and, in terms of this, the
Merriam-Webster Second Inter- times are infected with statism. It is a
need only read the social creeds of the different form of statism, often mani-
Episcopalian Church, Evangelical national Dictionary has defined
“humanitarianism” as “The doc- fested in a flag-waving nationalism that
Lutheran Church, Presbyterian supports foreign military intervention,
Church (USA), United Methodist trine that man’s obligations are
tariff protection of certain American in-
Church, and others to see the trend. limited to, and dependent alone
dustries, and an uncritical, reverential
Even within denominations, both on, men and human relations.”
awe of state power. I cannot count the
conservative and liberal, the more …This is the framework in
number of students I had (when I was
theologically liberal congregations terms of which theological lib-
teaching at a conservative, Arminian-
tend to lean left politically. eralism has championed statist
dominated Christian university) who
action as “Christian” morality.1
told me that they aspired to be FBI or
Statism and Anthropocentrism “Good” itself is redefined as that DEA agents. Patriotism is confused with
Theological liberalism leads to stat- which man’s reason tells him will allegiance to the civil government, and
ism because liberalism is anthropo- bring the greatest benefit to the great- these Christians see capturing control of
centric — it makes religion into est number. Because there are varying the machinery of political power as the
something human-centered. The logi- definitions of “benefit,” some political foremost route to national righteous-

February 2003 – Chalcedon Report 29


ness. This theological path to state-wor- of Marxist dogma will illuminate a new …the Greeleyite idea that all
ship is an old one. Arminianism’s man- global truth, when the socialist church should by natural right have a
centered view of salvation has for will be resurrected in a socialist world.”5 piece of the pie, whether or not
centuries been associated with statism, In 1915 Barth had written that a “true they contributed to its making,
like the Anabaptist Hussite communes Christian must be a socialist.” Barth’s was gaining vast intellectual and
of the early 1500s in Eastern Europe. statism was a direct consequence of his theological support. Just as it was
theology, which separated God utterly considered unfair within the new,
“The Socialist Church” from the world and from history. As liberal theology that anyone
To those observing the visible Rushdoony noted,“Barth’s God is like an should go to Hell — even if there
church from the outside, it may ap- empty dead-letter office set up to receive were something called sin, God
pear that Christianity has become letters to Santa Claus.” Because Barth was considered responsible for it
simply another lobby for an expansive viewed God as a super-transcendent “es- — so it was unfair that anyone
state, particularly since the theologi- sence of the possible,” he certainly could should physically suffer in this life.
cally liberal churches are wealthy and not be immanent, or present with his The universalistic theology that all
high-profile. Before the emergence of creation. “Having reduced God and the must be saved, regardless of their
the Christian Right in the 1980s, mar- transcendent to ‘the possible,’ Barth left belief and action, was matched by
ket-friendly policies had very few or- the state free to be the very present re- a universalistic sociology that all
ganized defenders within the church, ality and being.”6 must receive provision.8
and generalizations about a socialist Reinhold Niebuhr was another Reinforcing this was the idea that
church were understandable. 3 The neo-orthodox theologian who was at man was essentially good, and was
great Austrian economist Ludwig von one time in his life enamored with corrupted only by his environment.
Mises, who spent his life opposing communism, being taken with “the Olasky described the early twentieth-
statism, saw that people calling them- dramatic successes of the Russian century novelist Hall Caine’s optimis-
selves “Christian” had become over- Revolution….”7 Niebuhr was instru- tic social gospel:
whelmingly statist in the twentieth mental in founding the Fellowship of
century. In The Anti-Capitalistic Men- Socialist Christians in 1931, though [T]he world is constantly grow-
tality, he noted: he later moderated his views away ing better and happier…there
from straight socialism. can hardly be any doubt about
Everywhere eminent theologians
this [when one sees] the changes
tried to discredit the free enter- Niebuhr, Barth, Brunner, and like- which the century has brought
prise system and thus, by impli- minded others show that Mises had about in the people’s health,
cation, to support either hit on an important relationship be- education, and comfort….
socialism or radical intervention- tween theology and political ideas. People are better housed, and for
ism. Some of the outstanding When Mises was writing The Anti- that reason, among others, their
leaders of present-day Protes- Capitalistic Mentality, the recognized
tantism — Barth and Brunner in morality has improved.9
leaders of Protestantism were decid-
Switzerland, Niebuhr and Tillich edly statist. Their adherence to social- In contrast, as Rushdoony wrote,
in the United States, and the late ism was evidenced not only in their “Scripture is clear that it is not pov-
Archbishop of Canterbury, Will- writings, but also in their actions and erty which is the central problem of
iam Temple — openly condemn the actions of their followers. mankind and the key evil, but sin,
capitalism and even charge the which is ‘any want of conformity unto,
alleged failures of capitalism The universalist component of or transgression of, any [sic] law of
with the responsibility for all the theological liberalism led to calls for God’ (Shorter Catechism, no. 14).”10
excesses of Russian Bolshevism.4 state-run wealth redistribution
Barth was the archetypal theological schemes. Some even argued that pri- Statism and Eschatology
liberal, the originator of neo-orthodoxy. vate charities should shut down their At least when the liberal churches of
Although Barth opposed Nazism in Ger- operations so that the state would be the early twentieth century jumped on
many, he was remarkably tolerant of “forced” to get involved. Marvin the socialist bandwagon, they were ac-
communism. In his Epistle to the Ro- Olasky, in his excellent book The Trag- knowledging some rough connection
mans, Barth spoke of an “hour which edy of American Compassion, summa- between the mandates of the Bible and
fulfills history, when the now dying glow rized the connection: public policy. And, unlike many Chris-

30 Chalcedon Report – February 2003


tians of today, they thought they would tal protection being a favorite. The Law and Economics, at http://www.
succeed! It was an optimistic, though basic idea of state planning is held to christ-college.edu/html/cble/.
badly warped, eschatology that moti- be intact; it was the execution of the ______
vated many of their social endeavors. idea under the Soviets (or Chinese, or 1
Rousas J. Rushdoony, Politics of Guilt and
Their postmillennialism was human- Cambodians, or…) that was at fault. Pity (Vallecito, CA: Ross House Books,
istic, not theocentric — it depended on Too much power was taken from the [1970] 1995), 316.
2
man to usher in the kingdom by alle- people, who, being basically good, ibid., 320.
3
Regrettably, the prevailing eschatology of
viating the physical suffering of other would of course not vote themselves the Christian Right movement also pro-
men. The spiritual content of their into tyranny. Perhaps democratic na- duced some undesirable characteristics,
work consisted mainly in comforting tions, then, could grant power to the such as a vehement Zionism.
4
and cheering the objects of their char- civil government without the unfor- Ludwig von Mises, The Anti-Capitalistic
ity — but since sin was being de-em- tunate consequences observed under Mentality (Princeton: Van Nostrand, 1956),
45.
phasized, urging repentance and faith communism. Hope springs eternal. 5
Cited in David W. Hall, Savior or Servant?
in Christ was logically incompatible Putting Government in Its Place (Oak
Yet slavery can originate in democ-
with the mission. Ridge: Covenant Foundation, 1996) 317.
racy just as easily as it can issue from 6
Rousas J. Rushdoony, Christianity and the
This is clear from the statements of an oligarchy or a dictatorship. In a State (Vallecito, CA: Ross House Books,
some of the early liberal social work- sense, humanitarian liberalism is a 1986), 93.
7
ers. In 1920, Owen Lovejoy, president kind of slavery — the unceasing la- Reinhold Niebuhr, “Moral Man and Im-
of the National Conference of Social bor to establish one’s righteousness by moral Society” (New York: Scribner’s,
1960), in David W. Hall, Savior or Servant?
Work, described social workers and works instead of trusting in the righ- Putting Government in Its Place (Oak
their associates as “social engineers” teousness of Christ. As the great J. Ridge: Covenant Foundation, 1996), 327.
who were able to produce “a divine or- Gresham Machen wrote: 8
Marvin N. Olasky, The Tragedy of Ameri-
der on earth as it is in heaven.”11 Call- can Compassion (Washington: Regnery,
The grace of God is rejected by 1992), 137.
ing the atoning sacrifice of Jesus Christ
modern liberalism. And the re- 9
ibid., 138.
“spiritual cannibalism,” he rejected the
sult is slavery — the slavery of 10
Rousas J. Rushdoony, Roots of Reconstruc-
“belief in the sacrifice of another in tion (Vallecito, CA: Ross House Books,
the law, the wretched bondage
order that the wrath of God may be 1991), 1033.
by which man undertakes the 11
Marvin N. Olasky, The Tragedy of Ameri-
cooled, and he may find it possible,
impossible task of establishing can Compassion (Washington: Regnery,
without violating eternal justice, to for-
his own righteousness as a 1992), 144.
give those who have broken his law.” 12
ibid., 145.
ground of acceptance with God.
Lovejoy preferred the idea that there is 13
J. Gresham Machen, Christianity and Lib-
It may seem strange at first sight
“divinity in every man” and empha- eralism (New York: McMillan, 1923), 144.
that “liberalism,” of which the
sized “human improvableness.”12
very name means freedom,
For Lovejoy and other social work- should in reality be wretched
ers, socialism was obviously the best — Continued from page 20 —
slavery. But the phenomenon is
way to achieve paradise on earth. Pro- not really so strange. Emancipa-
paganda reports coming in from the tion from the blessed will of God cism and legal relativism. Mainstream
Soviet Union (reports which contin- always involves bondage to lawyers whose belief in the rule of law
ued even to the mid-1930s with some worse taskmaster. 13 is waning are left with two choices –
Beatrice and Sidney Webb’s fawning embrace the Christian faith, which pro-
Soviet Communism) reinforced the Thus theologically liberal churches vides the basis for the rule of law, or
optimism in state planning and con- remain statist in their social state- quit playing law and acknowledge that
trol. This was to prove an embarrass- ments. The battle against statism is there is no law, there is only politics.
ment for liberal churches when the theological at its core. It will not be ______
Soviet regime and its client states col- won until the larger contest for Bibli-
cal orthodoxy is decided. Professor Jeff Tuomala teaches at
lapsed about 1990. Yet it was not em- Thomas Goode Jones School of Law in
barrassing enough. With amazing ______
Montgomery, Alabama, is a consultant
tenacity, liberal churches have clung Timothy Terrell teaches economics to Alabama Chief Justice Roy S. Moore,
to socialist ideas, and even expanded at a small college in South Carolina, and is a Colonel in the U.S. Marine
them into new areas — environmen- and is director of the Center for Biblical Corps Reserve.

February 2003 – Chalcedon Report 31


— Continued from page 2 — — Continued from page 14 — — Continued from page 16 —
of power in the world against it. by the values of paganism and statism in your city because it “is the law of the
But they were convinced that all as symbolized by Themis at the Federal land,” then the council members could
this power was already crum- Courthouse? “Choose you this day rightly and with all Biblical authority
bling away. They knew it, and whom ye will serve” (Jos. 24:19). respond to the state or federal officials
soon (they thought) everyone by saying, “whom should we obey, God
A final thought: Many Ten Command-
would know it. So they refused or man?” The council members are
ments displays have been challenged in
to be intimidated.1 empowered by their office to do what I
court in recent years. Some courts have
The rite of baptism is a part of this ruled the displays unconstitutional; others as a private individual am forbidden to
holy confidence, the belief that we are have upheld them. Those that have upheld do, that is, hold these erring magistrates
“more than conquerors” in Christ (Rom. the displays have reasoned that the Ten accountable.
8:37). It is an aspect of our vision of the Commandments have secular value as
future, that the world powers are crum- commemorating our history and provid- In the meantime, there are glim-
bling, and that we are citizens of a king- ing a moral basis for law. mers of hope in America. Last Novem-
dom that shall have no end. ber the nine aldermen of Wisconsin
In a sense, though, both sides have been Rapids voted unanimously to accept
We therefore rejoice in baptisms, in argued from humanistic premises. Ten a nativity scene for inclusion in the
a child’s or an adult’s, because we Commandments displays are unconstitu-
city’s Christmas time display despite
know that, whereas death reigns out- tional because they impose Judeo-Chris-
side of Christ, we are in Christ’s king- tian religion upon other people. Or, Ten the threat of a lawsuit from the Free-
dom, and He shall prevail. Commandments displays are constitu- dom From Religion Foundation, ac-
______ tional because they aid civil government. cording to Mat Staver of Liberty
1
Counsel. I wholeheartedly agree with
Dodd, C. H., The Coming of Christ (Cam- But in many Ten Commandments cases,
bridge, England: University Press, 1951), 5.
Mr. Staver when he says, “It is encour-
both sides argue as though God doesn’t aging to see a city that is not afraid of
necessarily exist. Decalogue supporters
— Continued from page 12 — the empty threats of radical organi-
often argue that even if God doesn’t really
zations.” In Alabama, Judge Moore
lowing the commands of a judge, which exist, the fact that people believe He exists
makes them more willing to respect legiti- continues his battle to publicly display
could be different under the next judge. the Ten Commandments.
mate authority, recognize and protect hu-
Much more is at issue in this case man rights, tell the truth, and refrain from My prayer will be that many other
than whether this particular monument committing crimes. In other words, it is the “lesser magistrates” throughout
rests in this particular state judicial belief in God and the Ten Commandments,
building. The question is also whether America will learn from their ex-
not the objective existence of God or the ample; review the stories of Joseph,
the Ten Commandments, and the rule objective validity of the Commandments,
of law they represent, will govern the Daniel, and Nehemiah in the Scrip-
that gives them secular value and legiti-
courtrooms of the states and the nation tures; and then join in the battle for
mizes their public display.
or whether “law” and its language will our nation and western civilization.
be pure judicial caprice. “The question But what if God really does exist? What ______
is,” as Humpty Dumpty said, “which is if the Ten Commandments truly reflect His
to be master — that’s all.” eternal will and command? How would John E. Stoos is a political consultant
______ that affect modern jurisprudence? living in Sacramento, California, with
Abby Tuomala is the wife of Jeff ______
his wife Linda. They have six children
Tuomala and works part time at the law John Eidsmoe is Professor of Consti- and fifteen grandchildren. John is also
library of Thomas Good Jones School of tutional Law at the Thomas Goode Jones
Law, Montgomery, Alabama. host of the radio talk show, Dialog on
______ School of Law, Faulkner University,
Montgomery, Alabama. He is also a KFIA, AM710 in Sacramento, which airs
1
From Through the Looking-Glass and What weekdays from 5-7 pm.
retired Lt. Colonel in the U.S. Air Force
Alice Found There by Lewis Carroll (1872).
2
William Blackstone, Commentaries on the Reserve, and an Adjunct Professor at ______
Laws of England, Vol. I [A Facsimile of the Birmingham Theological Seminary. He
1
First Edition of 1765-1769] (Chicago: Uni- is an ordained pastor in the Association John Calvin, Institutes of the Christian Re-
versity of Chicago Press, 1979), 39-41. of Free Lutheran Congregations. ligion, Book IV, Chapter XX, section 31.

32 Chalcedon Report – February 2003

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