For decades now, secular revisionists continue to deny the United States was founded a Christian nation; rejecting the Common Law foundation of Republican Government; Common Law, found in the Bible, is no longer a mystery; brought to light to refute the disingenuous agenda of the American secularist order. Common knowledge, and research of the Founding Fathers' writings shows the Republican Government of the United States was based on the political system of England. Article IV, Section 4 of the Constitution, guarantees the United States shall guarantee every State in this Union a Republican form of Government.
The foundation of Republican Government is Law, Common Law. The basis of the Constitution's Republican Government, and Common Law, is without a doubt, The Ten Commandments from Yahweh, the God of Israel. It is an indisputable fact the Founding Fathers believed this(emphasis added). God ordained Republican Government three-thousand five-hundred years ago, albeit not formed as a theocracy, the Founding Fathers started a Constitutional Republic, based on representatives ruling for the people. It is irrelevant the differences in government, and manner the representatives came about to rule, Biblical Law is the standard, and in both cases the people agreed to the choosen Representatives:
Deuteronomy 1 (King James Version)
14And ye answered me, and said, The thing which thou hast spoken is good for us to do.
15So I took the chief of your tribes, wise men, and known, and made them heads over you, captains over thousands, and captains over hundreds, and captains over fifties, and captains over tens, and officers among your tribes.
Like I said, whether the representatives were selected or elected is irrelevant, this is only a diversion to reject the Biblical foundation. Secularists distort the issue by claiming Republican Government is where citizens elect representatives to actually govern, and authority is derived from the citizens or their elected representatives.This is an incorrect assertion; no where did the Christian Philosophers(Aquinas, Calvin, Locke, Blackstone, Montesquieu, etc.) believe electing representatives was the foundation of Republicanism. Law(Biblical Law) is the foundation of Republicanism; how representatives are elected is not mandatory. The only mandatory aspect of Republicanism is the acceptance of the people to form a government that has representatives, which is true of ancient Israel, and the United States.
From the Holy Bible, we see the conscience(reason) of man, and The Ten Commandments(Divine Law), is the foundation of Law in a Republican Government; this being clearly revealed to the world in the New Testament by the Apostle Paul in Romans 2:14-15:
"For when the Gentiles, which have not the law, do by nature the things contained in the law, these, having not the law, are a law unto themselves: Which shew the work of the law written in their hearts, their conscience also bearing witness, and their thoughts the mean while accusing or else excusing one another."
Thomas Aquinas did not need to bypass the New Testament, and employ Aristotle's theories into the church, that was an error; the sacred oracles in man(conscience) were designed in man by the true God, Jesus Christ, not the "thought thinking self" of Aristotle.
The Founding Fathers rejected every other Republican Government, except that of the English, as James Madison explains:
"Sparta, Rome, and Carthage...These examples, though as unfit for the imitation, as they are repugnant to the genius, of America, are, notwithstanding, when compared with the fugitive and turbulent existence of other ancient republics, very instructive proofs of the necessity of some institution that will blend stability with liberty. I am not unaware of the circumstances which distinguish the American from other popular governments, as well ancient as modern; and which render extreme circumspection necessary, in reasoning from the one case to the other."
James Madison, Federalist #63
The moral laws of the states prove their law was Biblical Law, and no other.
England is the main example of Republican Government to the Founding Fathers; the celebrated Montesquieu, their main authority on the matter. How did the English acquire Republican Government for their nation? Montesquieu explains:
"In perusing the admirable treatise of Tacitus On the Manners of the Germans, we find it is from that nation the English have borrowed the idea of their political government."
Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Constitution 6. Of the Constitution ofEngland.
However, in my opinion, Sir William Blackstone provides a better explanation:
"there never was any formal exchange of one system of laws for another: though doubtless by the intermixture of adventitious nations, the Romans, the Picts, the Saxons, the Danes, and the Normans, they must have insensibly introduced and incorporated many of their own customs with those that were before established; thereby in all probability improving the texture and wisdom of the whole, by the accumulated wisdom of divers particular countries. Our laws, saith lord Bacon, are mixed as our language: and, as our language is so much the richer, the laws are the more complete.
And indeed our antiquaries and early historians do all positively assure us, that our body of laws is of this compounded nature. For they tell us, that in the time of Alfred, the local customs of the several provinces of the kingdom were grown so various, that he found it expedient to compile his dome-book, or liber judicialis, for the general use of the whole kingdom. This book is said to have been extant so late as the reign of king Edward the fourth, but is now unfortunately lost. It contained, we may probably suppose, the principal maxims of the common law, the penalties for misdemesnors, and the forms of judicial proceedings. Thus much may at least be collected from that injunction to observe it, which we find in the laws of king Edward the elder, the son of Alfred."
That the Divine Law is The Ten Commandments is clear:
"Divine Providence, which, in compassion to the frailty, the imperfection, and the blindness of human reason, hath been pleased, in sundry times and diverse manners, to discover and enforce it's laws by an immediate and direct revelation. The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the Holy Scriptures" (emphasis added). Blackstone's Commentaries on the Laws of England.
Yet this rule admits of exception, where the former determination is most evidently contrary to reason; much more if it be dearly contrary to the divine law...And hence it is that our lawyers are with justice so copious in their encomiums on the reason of the common law, that they tell us, that the law is the perfection of reason, that it always intends to conform thereto, and that what is not reason is not law. Blackstone, SECTION THE THIRD. OF THE LAWS OF ENGLAND
So the immigrants from Europe brought with them their customs and religion; being primarily Christianity with Common Law. The Common Law is no doubt the Divine Law, and the Gospel as Blackstone has said. Christianity had spread into England as early as the first century; Christianity gaining converts throughout England by the beginning of the fourth century. Christianity was known in pagan saxon territory, as well as the rest of England:
"The discovery of the Darenth Bowl (a glass communion chalice c.450 A.D.) discovered by the Dartford District Archaeological Group in a Saxon grave in the grounds of the old Darenth Park Hospital has raised all sorts of questions about the possible survival of Christian belief in and around Dartford."
The Common Law of the Bible was instituted by early Christians, and Christian Kings: Ethelbert, in the sixth century, and in the ninth century under Christian King Alfred the Great, the only English King called the Great. Granted, the Bible was not translated into the common language of the people, but they understood the Gospel; their Common Law is evidence of this fact. So, Christianity is the foundation of Common Law; Republican Government founded on the Law and the Gospel.
The Founding Fathers were correct in claiming Common Law is founded on Christianity; if not for the sinfulness of man, what was the reason for the separation of powers in a Republican Government? There is no other reason for the separation of powers other than sin, and wickedness of man; the Founding Fathers knowing this full well.
"If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."
James Madison, Federalist #51.
"Republican government loses half of its value where the moral and social duties are...negligently practiced. To exterminate our popular vices is a work of far more importance to the charachter and happiness of our citizens, than any other improvements in our system of education. [T]he moral principles and precepts contained in the Scriptures ought to form the basis of all our civil constitutions and laws....All the miseries and evils which men suffer from vice, crime, and ambition, injustice, oppression, slavery and war, proceed from their despising or neglecting the precepts contained in the Bible." History, p. 339. Noah Webster
"[O]ur citizens should early understand that the geniune source of correct republican principles is the Bible, particularly the New Testament, or the Christian religion." Noah Webster, History of the United States (New Haven: Durrie & Peck, 1832), p. 6.
Webster understood where true Liberty and Free Government lies:
[T]he religion which has introduced civil liberty is the religion of Christ and his apostles...and to this we owe our free constitutions of government." History, p. 300,
John Adams understood our Republican Government is based on Law, Common Law of the Bible:
"No good government but what is republican...the very definition of a republic is'an empire of laws, and not of men.'' "Thoughts on Government" January, 1776
Baron Charles Secondat de Montesquieu was the main influence on the Founding Fathers regarding Republican Government, his Spirit of Laws published in 1752, was studied intensely by the framers; proclaiming Christianity the foundation of Republican Law, agreeing that law and religion are twin sisters, to form the greatest government of mankind:
"The Christian religion, which ordains that men should love each other, would without doubt have every nation blest with the best civil, the best political laws; because these, next to this religion, are the greatest good that men can give and receive." - United States Founding Influences, Baron Charles Secondat de Montesquieu, "Spirit of Laws", (Philadelphia: Isaiah Thomas, 1802), Vol. II, pp. 125-126
Book XXIV.Of Laws in relation to Religion Considered in Itself,and in its Doctrines1. Of Religion in General. 3. "That a moderate Government is most agreeable to the Christian Religion, and a despotic Government to the Mahometan. The Christian religion is a stranger to mere despotic power. The mildness so frequently recommended in the Gospel is incompatible with the despotic rage with which a prince punishes his subjects, and exercises himself in cruelty."
"Society notwithstanding all its revolutions, must repose on principles that do not change." - United States Founding Influences, Baron Charles Secondat de Montesquieu, "Spirit of Laws", (Philadelphia: Isaiah Thomas, 1802), Vol. I, p. 18, ad passim
Secularists try to claim Montesquieu did not use biblical examples for Republican Government; diverting the important point of Law as its foundation; the author giving examples of pagan government is not claiming they are the originators of it. To the Founding Fathers, religion and government are to work together, worthy of the peoples support, as Thomas Jefferson explains:
"No nation has ever existed or been governed without religion. Nor can be. The Christian religion is the best religion that has been given to man and I, as Chief Magistrate of this nation, am bound to give it the sanction of my example." Hutson (see n. 8) at p. 96, quoting from a handwritten history in possession of the Library of Congress, “Washington Parish, Washington City,” by Rev. Ethan Allen.
Critics believe this is a spurious quote because of the early age of the Reverend, but many framers had diaries and writings when they were young; the quote also has confirmation from another witness; the quote was not disputed when it was published, and is harmonious with the views of other framers:
"[W]e can only depend on the all powerful influence of the Spirit of God, whose Divine aid and assistance it becomes us as a Christian people most devoutly to implore. Therefore I move that some minister of the Gospel be requested to attend this Congress every morning during the sessions in order to open the meeting with prayer." Elias Boudinot, Acting President of the United States, Chairman of the House Committee which Drafted the Bill of Rights. Member of the Continental Congress (1778-79, 1781-84). The Life, Public Service, Addresses, and Letters of Elias Boudinot, LL.D., President of the Continental Congress, J. J. Boudinot, editor (Boston: Houghton, Mifflin & Co., 1896), Vol. I, p. 21, to the First Provincial Congress of New Jersey.
"Sensible of the importance of Christian piety and virtue to the order and happiness of a state, I cannot but earnestly commend to you every measure for their support and encouragement. . . . [T]he very existence of the republics . . . depend much upon the public institutions of religion." John Hancock, member of the Continental Congress (1774-78) where he was the first signer of the Declaration of Independence (1776) and Acting President of the United States (1774-77); Senior Major-General of Massachusetts Militia (1778); delegate to the State constitutional convention (1779); and he was Governor of Massachusetts (1780-85, 1787-93). Independent Chronicle (Boston), November 2, 1780, last page; see also Abram English Brown, John Hancock, His Book (Boston: Lee and Shepard, 1898), p. 269.
"[A] free government. . . . can only be happy when the public principle and opinions are properly directed. . . . by religion and education. It should therefore be among the first objects of those who wish well to the national prosperity to encourage and support the principles of religion and morality." Abraham Baldwin, Signer of the Constitution, A Framer of the Bill of Rights in the First Congress. Charles C. Jones, Biographical Sketches of the Delegates from Georgia to the Continental Congress (Boston: Houghton, Mifflin, and Company, 1891), pp. 6-7.
The laws spoken of, are the Law and the Gospel found in the Bible; these laws are the liberty spoken of in the Bible, it is pure liberty, as the framers prohibited man from abrogating them. Most of the states laws on morality are straight from the bible, for instance laws against blasphemy, and profanity come from the bible, "...continued well beyond the Founding Era. It subsequently appeared in the 1784 laws in Connecticut, the 1791 laws of New Hampshire, the 1791 laws of Vermont, the 1792 laws of Virginia, the 1794 laws of Pennsylvania, the 1821 laws of Maine, the 1834 laws of Tennessee, the 1835 laws of Massachusetts, the 1836 laws of New York, etc.
Judge Zephaniah Swift, author in 1796 of the first legal text published in America, explained why civil authorities enforced the Decalogue prohibition against blasphemy and profane swearing: Crimes of this description are not punishable by the civil arm merely because they are against religion. Bold and presumptuous must he be who would attempt to wrest the thunder of heaven from the hand of God and direct the bolts of vengeance where to fall. The Supreme Deity is capable of maintaining the dignity of His moral government and avenging the violations of His holy laws. His omniscient mind estimates every act by the standard of perfect truth and His impartial justice inflicts punishments that are accurately proportioned to the crimes. But short-sighted mortals cannot search the heart and punish according to the intent. They can only judge by overt acts and punish them as they respect the peace and happiness of civil society. This is the rule to estimate all crimes against civil law and is the standard of all human punishments. It is on this ground only that civil tribunals are authorized to punish offences against religion.
Notice how Christian Judge Swift used philosophical language in his assessment.
In 1824, the Supreme Court of Pennsylvania (in a decision subsequently invoked authoritatively and endorsed by the U. S. Supreme Court ) reaffirmed that the civil laws against blasphemy were derived from divine law: The true principles of natural religion are part of the common law; the essential principles of revealed religion are part of the common law; so that a person vilifying, subverting or ridiculing them may be prosecuted at common law.The court then noted that its State's laws against blasphemy had been drawn up by James Wilson, a signer of the Constitution and original Justice on the U. S. Supreme Court:
The late Judge Wilson, of the Supreme Court of the United States, Professor of Law in the College in Philadelphia, was appointed in 1791, unanimously by the House of Representatives of this State to “revise and digest the laws of this commonwealth. . . . ” He had just risen from his seat in the Convention which formed the Constitution of the United States, and of this State; and it is well known that for our present form of government we are greatly indebted to his exertions and influence. With his fresh recollection of both constitutions, in his course of Lectures (3d vol. of his works, 112), he states that profaneness and blasphemy are offences punishable by fine and imprisonment, and that Christianity is part of the common law. It is vain to object that the law is obsolete; this is not so; it has seldom been called into operation because this, like some other offences, has been rare. It has been retained in our recollection of laws now in force, made by the direction of the legislature, and it has not been a dead letter. http://www.wallbuilders.com/LIBissuesArticles.asp?id=101
This point also indicates James Wilson helped form the laws prohibiting, and penalizing homosexuality. Here Wilson differentiates rape with consensual homosexuality:
A rape is an irreparable and a most atrocious aggression on the right of personal safety. Besides the thousand excruciating, but nameless circumstances by which it is aggravated, some may be mentioned with propriety. It is a crime committed not only against the citizen, but against the woman; not only against the common rights of society, but against the peculiar rights of the sex: it is committed by one from whom, on every virtuous and manly principle, her sex is entitled to inviolable protection, and her honour to the most sacred regard. This crime is one of the selected few, which, by the laws of the Saxons, were punished with death. The same punishment it still undergoes in the commonwealth of Pennsylvania. On this subject, for an obvious reason, particular observations will not be expected from a lecture in the hall: they are fit for the book and the closet only: for even the book and the closest they are fit, only because they are necessary.
The crime not to be named, I pass in a total silence.
"OF CRIMES AGAINST THE RIGHT OF INDIVIDUALS TO PERSONAL SAFETY." http://www.constitution.org/jwilson/jwilson3.htm
It seems Wilson helped write the Pennsylvania laws on morality.
Regarding the separation of powers doctrine, it was spoken about in the Bible over twenty-five hundred years ago:
Isaiah 33:22 (King James Version)For the LORD is our judge, the LORD is our lawgiver, the LORD is our king; he will save us.
A Constitutional Republic has the same foundation as a Theocracy; Law. A Theocracy and Republic differ in that God's law is supreme in a Theocracy; the people, not God, are sovereign in a Republic; our framers understanding consent of the governed is consistent with the Law of Nature's free will in man. If a people can keep a Republic, the Divine Law is superior in all cases enumerated. Sir William Blackstone explains:
To instance in the case of murder: this is expressly forbidden by the Divine. . . . If any human law should allow or enjoin us to commit it we are bound to transgress that human law. . . . But, with regard to matters that are . . . not commanded or forbidden by those superior laws such, for instance, as exporting of wool into foreign countries; here the . . . legislature has scope and opportunity to interpose. William Blackstone, Commentaries on the Laws of England (Philadelphia: Robert Bell, 1771), Vol. I, pp. 42-43.
Because the Constitution is exempt in matters of religion, religion is left to the states; the framers then, formed Christian states. So, the Britons, including saxons, were converted to Christianity by the Apostles(Simon the Zealot in the first century), and missionaries, these Britons employed Common Law(Ten Commandments) of the Bible into their government, hence, the Founding Fathers of the United States used the same Republicanism, but varied. Despite the secularist claim, the United States was founded a nation of Christian states.