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A Constitutional Amendment
Binding the Constitution to the Declaration of Independence

F. Earle Fox

        COMMENT:  There are few issues more central than the overthrow of our constitution by dishonesty and deceit, abetted by the enormous ignorance and apathy of the American Christian public.  The only other such issue of equal importance is getting government totally out of education, and giving it back to the parents, students, and others who wish to educate the young, or to earn a living that way.  

        The primary problem is ignorant and cowardly Christians who are incapable, or have no intention of, defending their faith reasonably in public.   God save the state! 

        For more on the constitutional issues, see Free Market Education....  

        Some argue that promoting an amendment of any sort may play into the hands of the revisionists.  If having an amendment requires a constitutional convention (ConCon), that could be very dangerous, as a convention might change more than was needed, and give us a totally different government.   We first need to restore an articulate understanding of Biblical government before we make any serious changes.  Christians are not even remotely up to speed on these issues.  E. Fox   



A. The Issue

B. The Amendments

C. Political Authority Rests on Moral Authority

D. The Historical Argument

E. A "Living Document"

F. The Bible or the Bayonet

A. The Issue

Several works are available today documenting that the United States of America was founded constitutionally as a Christian nation, rooted in obedience to God as the only valid source of governmental authority.

The Light & the Glory by Peter Marshall and David Manuel, Faith and Freedom by Benjamin Hart, Original Intent by David Barton, a video, America's Godly Heritage by David Barton, and Defending the Declaration by Gary T. Amos give a researched picture of what the writers of the Declaration of Independence and the Constitution had in mind for the newly emerging nation. There is a growing number of other resources as well.

The facts to which these items bear witness ought to be common knowledge of every American, but our schools for several decades have not taught us the truth about our history.

As the opening paragraph of the Constitution indicates, the Constitution is a covenant document, by which authority is given by the people of the United States through their elected representatives to the three branches of government which administer the laws under which we live.

But the people themselves get their authority from God, a matter not stated in the Constitution but clearly expressed in the Declaration of Independence which says that the role of government is to secure for the people those rights and freedoms bestowed by God.  Government, therefore, is an divinely ordained instrument, responsible to God through the people for its actions.

The separation of powers was their way of taming the executive's use of coercion (see endnote). The holder of the gun/sword could use it only as directed by the people through their legislators.

In any nation with a legitimate democratic process, the people themselves are responsible to God for the basic vision and direction of their country -- which they vote into effect through their representatives. The people of the United States in 1789 entrusted to their elected officials the authority to bind the country together under the covenant relation given in that Constitution.

A democratic republic was a radically new approach to government which, as the founding fathers understood, would work only with a people standing on a moral and spiritual foundation rooted in Scripture.

The justices on the Supreme Court, the President, every major federal official, and every member of the armed forces take a sacred (under God, not just under the people) oath to defend the Constitution.

In the 1962, however, the Supreme Court ruled that prayer in public schools was unconstitutional. For the first time in American history, with neither historical nor judicial precedent given, God was ruled by the highest court in the land to be out of bounds in government education. No one was to talk to God in government schools, nor was He to talk to anyone -- or at least not so other persons could notice. In subsequent decisions, it was made clear that neither God's Book, nor any quotations from it, were to be read or even displayed.

In effect, the Supreme Court waged undeclared war on God. Neither God nor His representatives were allowed equal time in public debate. He was banned. (The failure of dissent, it should be noted, was largely the fault of Christians themselves who had lost the capacity to defend their faith in public.)

Instead of defending the Constitution, which contains no such anti-God stipulations, a majority of the justices chose to rewrite it without asking permission of the American people whose servants they are pledged to be. That is a usurpation of authority. Beginning in the late 1940's and culminating in the '60's and '70's, the Supreme Court hi-jacked the constitution, an act of judicial treason.

Even more disturbing: Americans did not rise up en masse to protest this professional incompetence and dishonesty.

The issue facing us today, however, is: how can we begin to rebuild the Judeo-Christian foundations upon which the freedoms of this country were founded. If we do not, we will lose those "unalienable" freedoms -- political, academic, religious, and otherwise.

The major flaw in the Constitution as written was the lack of any reference to the founding father's intent that the United States of America is a nation under the law of God, our Creator, and that our governmental authority is derived from the revelation by God of His intent for the whole human race.

That view was the received opinion, supported by William Blackstone, the primary legal scholar read on both sides of the Atlantic.

The Constitution is written as a procedural document (like Roberts Rules of Order), and (like scientific method, which is also procedural) is not linked to a moral or religious foundation. However, both the rise of science and the development of due process in civil law were God-given, in only one culture in human history, which had been marinated in Biblical thinking for a millennium.  And both science and politics require a moral (and therefore religious) foundation.  In both cases, Christians have failed to make the worldview link, resulting in the secular takeover in the West of both science and politics. Biblical people must make that link or consign themselves to remaining in the backwaters of culture.

The flaw did not become evident, however, until when, in the 1800's, the American populace had come to believe, (1) that God was not necessary to maintaining moral standards, and, (2) that the founding fathers were deists or atheists who did not intend America to be a God fearing nation in the first place.

Neither of these propositions was generally believed by Americans for the first century of our existence. And neither is true, but, over the last century, Americans have been persuaded of both, and therefore tragically failed to object when the Supreme Court began dismantling our Constitution.

B. The Amendment

It is thus imperative to have an amendment written into the Constitution to stand guard when the populace is lulled to sleep, stating the above, that the United States is a nation governed by the law of God.

The first paragraph reads:

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

The Declaration of Independence is perhaps the second most influential document manifesting the philosophical foundation of the American revolution -- in which God is referred to four times. The following is proposed to be added by amendment after the opening paragraph, thus incorporating the language of the Declaration:

We recognize all authority of government to have its ultimate derivation in Divine purpose and law as revealed in the Holy Scriptures of the Judeo-Christian tradition, and that the first duty of civil government is to secure for its citizens those rights and freedoms thus revealed and endowed by the Creator of all persons -- as attested in the Declaration of Independence of these United States of America.

Emphasizing that we are a Judeo-Christian nation is important for three reasons. First, when Christians lose their Old Testament roots, they wander from the solid truth of the Christian faith. The Old Testament contains the worldview and moral foundation presupposed by everything in the New Testament.

Secondly, Jews and Christians are natural allies in this struggle for spiritual sanity and political freedom.

And thirdly, the surest protection for minority Jews against anti-Semitism is a Christian culture rooted in Scripture. As Rabbi Dennis Prager has argued, Europe descends into anti-Semitism more quickly than America precisely because Europe has only "Christendom", while America has "Judeo-Christendom". American Christians have preserved their Hebrew heritage more fully than European Christians.

A "marriage amendment" has been proposed as an answer to the predatory homosexual agenda. But the amendment here suggested would resolve that issue and a host of others far more readily, and is more appropriate material for a constitution. The content of the marriage amendment more properly belongs in statutory rather than constitutional law.

C. Political Authority Rests on Moral Authority

The secularization of the Constitution has rested on the above mentioned assumption that there is some ultimate source other than God for governmental authority, that it is possible to have a rational view of authority other than one rooted in divine revelation. No viable case has been made for this philosophically.

My article, Defining 'Oughtness' and 'Love', gives the philosophical case to show that any kind of objective moral language necessarily presupposes reference to a Creator God (available at http://theroadtoemmaus.org. If that is so, then the belief of the founding fathers, that the moral principles required for reasonable and democratic government are necessarily dependent upon God, has solid philosophical foundation. And if that is the case, then the authority of the Constitution as a morally binding document rests entirely on the foundation of the law of God. Apart from Godly origins, no government has binding moral authority, and all obligation to it dissolves. The phrase, "secular morality", is a contradiction in terms because a God-less world has no principle of obligation.

That in turn means that religion is not an optional extra "for those who like that sort of thing". It is of the essence of any stable government -- as the Russians spent seventy horrible years finding out, and as our founding fathers understood and articulated at many public occasions.

The Bible, which is the "constitutional document" of the Christian community, is historically the foundation of the American Constitution. The American Constitution was written out of a specifically Christian struggle to resolve the conflict into which Church and State were catapulted when the Roman emperor Constantine made Christianity legal in the early 300's AD.

The American Constitution was written, not to exclude the Church from participation in government, but quite the opposite, to find a way that the two could work compatibly, each contributing its specific gift under the authority of God.

D. The Historical Argument

The Supreme Court itself made a very similar point in an 1844 case. A school had wanted to teach morality without religion because it had been endowed with several million dollars on the condition that no religion was to be taught. The Supreme Court replied:

The purest principles of morality are to be taught.

A public school had no choice but to teach morality, the court said. It then continued to say that if you are teaching morality, you are also required to teach the foundations of that morality:

Where are they found? Whoever searches for them must go to the source from which a Christian man derives his faith -- the Bible. [Vidal v. Girard's Executors]

In 1892, the Supreme Court again responded to a challenge to the Christian character of the Constitution, citing no less than eighty seven legal and historical precedents from previous court decisions and from the founding fathers themselves, summing up with the following words:

Our laws and institutions must necessarily be based upon and embody the teachings of the Redeemer of mankind. It is impossible that it should be otherwise; and in this sense and to this extent, our civilization and our institutions are emphatically Christian. [Church of the Holy Trinity vs. the United States.

In 1941, as America was getting into World War II, the Supreme Court made a ruling on divorce -- in the course of which it gave a Bible lesson tracing how God established the family. Since the family was made by God, reasoned the Supreme Court, we go by God's rules for the family. We therefore allow divorce only for the six reasons given in Scripture.

The Supreme Court, that is to say, in every case until after World War II, clearly stated that the United States of America is a nation based on the law of God given in Scripture. Historically, the thinking of the founding fathers and of the Supreme Court until after 1941 agreed with competent philosophy. But for the last several decades, we Americans have ignored the moral issue -- that any kind of objective morality at all, which includes political obligations between people and government, will necessarily imply reference to a Creator God.

And, as graphically portrayed in AMERICA'S GODLY HERITAGE and ORIGINAL INTENT by David Barton, and in daily newspapers, we are proving empirically that we cannot sustain consistent moral behavior apart from God. God does not beat up on those who disagree with Him. But He withdraws His grace, and thus gives people the separation they ask for -- with the inevitable natural consequences.

The year 1962, when the Supreme Court ruled prayer unconstitutional (i.e. told God He was no longer needed) is precisely the year that statistics for crime, drug abuse, sexual abuse, and sexually transmitted disease began to skyrocket, and the statistics for education (SAT scores) began to plummet. By the end of the 1980's, America had declined economically from the #1 creditor nation in the world to the #1 debtor nation. America is being destroyed by a philosophy which has cast us adrift from our reality moorings. God does not beat up on those who rebel. The world does that to itself.

Our choice is thus between, on one hand, being under the authority of God and, on the other hand, having no authority at all other than, as Mao Tse Tung said, the other end of a gunbarrel. All authority which deludes itself into thinking it can get along without God will sooner or later slide into chaos, and from there into tyranny and oppression. That is the course upon which the Supreme Court decisions have set us since 1948 when Justice Felix Frankfurter successfully used Thomas Jefferson's phrase, the "wall between Church and State", out of context to mean precisely the opposite of what Jefferson demonstrably intended.

We have been given bad history, bad philosophy, and bad law by the "experts" whom we trusted to guide our country.

A presentation was made in November, 1991, to the Canadian Joint Parliamentary Committee on the Constitution:

The Canadian Charter of Rights and Freedoms] begins with the words: "Whereas Canada was founded upon the principles that recognize the supremacy of God...." This founding principle of Canada is also underlined in the Canadian Bill of Rights [which] once again BEGINS with the words that: "The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, and the position of the family, in a society of free men and institutions...." "Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law...."

Religious language can indeed be at home in political documents, contrary to what our recently secularized mentality would tell us.

Our Constitution is being stolen right out from under us. The price of freedom is still eternal vigilance.

E. A "Living" Document

People who want to change the Constitution say that it is a "living document" which naturally grows as culture and ideas change. That is, of course, just common sense. But legitimate growth takes place under the rules of the constitution in question itself. The American Constitution provides for its own growth through the amendment process.

It is thus treason for judges to take upon themselves the authority, not granted in the Constitution, to change the substance of the document.

Christians and Jews, like all other participants in the American community, are required to present their case in reasonable and public manner. But so are their opponents. Atheists are given (by a Biblical constitution) the same rights of political speech as Christians to present their atheism.

The Biblical constitution was written to provide precisely that kind of civil government within which to make and administer civil law. We have had that kind of freedom, in which the rights of minorities are better protected than in any other society on earth -- only because of our Biblical foundations. Secular so-called "liberal democracy" cannot provide that protection. The Biblical framework is the onlyone under which the rights of minorities (Christian or atheist) are protected by keeping the use of coercive force (civil government) under a law higher than itself. When civil government sees itself as the highest law, it will always drift toward tyranny.

As a matter of historical fact, atheists do not typically give believers that same freedom. Our experiment in secular atheism during the 19th and 20th centuries was a political, cultural, and humanitarian disaster.

So it is booth logically and historically absurd to say that believers in a creator God are expelled by the American (Biblical) Constitution from participating as Christians and Jews in such a constitutional order. For the courts to come to that position is an overthrow of the very foundations of the Constitution. And that is judicial treason.

Yet, atheists are trying with might and main to convince America that Christians and Jews have no right to present their Christianity or Judaism in the public arena. Politically, Christians and Jews must be atheists.

F. The Bible or the Bayonet...

Opponents of the Biblical view might argue that, although we began with Biblical foundations, that view is now out of date, and not good for our current situation. But they cannot reasonably argue that America was founded on atheism or deism (the view that God creates and then abandons His cosmos). The facts of history do not say that. Rightly or wrongly, America was indeed founded as a Biblically based political entity, under the law and grace of God.

Those who wish to change the Constitution must do so legitimately, by changing the thinking of the majority of citizens so as to vote in new foundations. They must prove in open public debate that the Biblical view is pernicious. That will not be easy -- if Christians and Jews get back on their intellectual feet.

The incursions of secularism and atheism over the last two centuries have not been through open public debate, but through deceit and mind-control, through the creation and cooption of the government school system, and through a buyout of the media.

Where have Christians and Jews been? Why have they almost universally abandoned the public arena? Why are there so few articulate and reasonable Christians and Jews defending their faith in politics, and presenting their faith in the media?

The largest part of the answer has been the collapse in the Biblical community of intellectual credibility (much of it through the government-controlled schools). Many who call themselves Christians or Jews have joined the enemy of Biblical religion, siding with those who wish to cleanse the public arena of such "pernicious" beliefs. And most of the rest have retreated behind hothouse church walls.

So, the public has lost their trust that the Bible has anything relevant to say to the public arena. God has been privatized -- first by supposed believers, not by atheists -- in a foolish effort to protect God from the assaults of those in the public arena who think He is an illusion or a device of nefarious clergy wishing to control everybody's moral life.

God needs no protection. God is inviting the whole world, "Come, let us reason together..." (Isaiah 1:18), into an honest discussion about who is God -- He or civil government. We are in a contest between the two. As a speaker of the House remarked during the 1850's, "We will be ruled by the Bible or by the bayonet."

Christians are beginning to recover their intellectual credibility, some venturing out with courage and poise. But numbers are small, and very few are among the clergy, who, for the most part, remain behind church walls.

But God is building His new Gideon army, mostly out of the younger generation which is still asking honest questions and is fed up with what older generations have given them. That army will retake Western Civilization, hopefully soon, so America can become a light on a hill for truth and freedom.

Endnote: For more on the constitutional issues, see Free Market Education....

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Date Posted -  --/--/08   -   Date Last Edited - 07/07/2012