Constitutional Law – Fundamental Principles

What is a constitution ? “A body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.” [Oxford Advanced Learner's Dictionary] Fundamental means “…relating to the basic structure…” Merriam-Webster Principle: A fundamental truths…comprehensive rules…” [Black's Law Dictionary]

Fundamental principles lay the foundation and set the infrastructure of civil society. Fundamental principles are truths functioning as a constitutional remedies for social construction. They are immutable. They are tested by time and experience.

Examples of fundamental principles Not foreigners but brothers in public office (Israel) Control a tyrant by controlling the purse (England) Between the ambitions of the king and the passions of the people is the senate (Sparta) Justice requires an appeal (Rome)

THE BIBLICAL CONNECTION TO FUNDAMENTAL PRINCIPLES Jesus: “Again, the Kingdom of Heaven is like a treasure hidden in the field, which a man found, and hid. In his joy, he goes and sells all that he has, and buys that field.” Matt.14:44 Kingdom includes the people and their government. Today, we use the term civil society. The treasure is a fundamental principle of society, which is hidden in a “field” or past civilization. These principles can be found in such places like Sumer, Babylonia, ancient Israel, Greece, and Rome. They are preserved by historians and dug up by archeologists. The Christian mission is to dig up these pearls of wisdom and incorporate them into our constitutional documents. NEXT SLIDE BEGINS THE MISSION…

FINDING FUNDAMENTAL PRINCIPLES (ANCIENT ISRAEL) *Find Deuteronomy 17:15 in the U.S. Constitution… ”You shall set as king over you one from among your brothers. You may not put a foreigner over you, who is not your brother.” Dt. 17:15 (WEB) Note: A king is the executive arm of civil government. A king’s duty is to enforce the law of the land. Today, we call a king a president, governor, mayor or even the local police officer. Answer - Next Slide

ANSWER: U.S. Constitution Article II clause 5 “No person except a natural born …shall be eligible to the Office of President...”

Do the RESEARCH LINK http://www.art2superpac.com/issues.html

Class Discussion Why is electing a brother or “natural born citizen” to the office of President a fundamental principal? What is this principle trying to do? Why is placing a foreigner into public office a bad idea?

JESUS FACTOR Jesus: “For whoever does the will of my Father who is in heaven, he is my brother, and sister, and mother.” Matt. 12:50 Deuteronomy 17:15 required the election of brother (Israeli) as king. Jesus’ position is a brother (or sisters or mother) are those who do the will of his Father i.e. those who are obedient to God’s law.

OATH REQUIREMENT from Constitution of Massachusetts 1780 Article I. Any person chosen governor, lieutenant-governor, councillor, senator, or representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following declaration, viz: "I, A.B., do declare that I believe the Christian religion, and have a firm persuasion of its truth; and that I am seized and possessed, in my own right, of the property required by the constitution, as one qualification for the office or place to which I am elected."

Class Discussion One principle may be more effectual than another in achieving a particular purpose. Deuteronomy 17:15 requires the election of the king who is a brother. Jesus alters this constitutional principle by defining a brother as someone who does his Father’s will. What changes did Jesus make to the election to public office? Where all Israeli’s law abiding concerning those laws given to Moses? Was Jesus stating that those who where really brothers shared the same values? How did the constitution of Massachusetts of 1780 seek to fulfill Jesus “brother” principle?

BUILDING A BETTER CONSTITUTION You are a citizen of the Republic, and you are asked to write a constitution. You sit down with paper in hand. One of your concerns is making sure those elected share your values. How would you write a clause in your constitution that addresses the issue of elected public officers.