Teaching His Story

Friends at WCNO | The Judicial Branch Overview

This week, I had a special blessing. I got to visit with my  friends at WCNO. They asked me to join them in a discussion about Education with Ann Limjoco asking the questions on David Francoeur’s show, A Biblical Response. Joining us were Stephanie Jacobson and Keith Masters. I apologize for not being able to hear them more clearly – we’ll do better on this next time. But I do think that you will enjoy the conversation. David starts with sharing the fascinating overview of how God is pouring out His Spirit on many college campuses.  Thank you, Jesus!

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The Judicial Branch Overview

In considering the Judicial branch, let’s learn from one of our Founding Fathers’, Founding Fathers, Montesquieu. He said in The Spirit of Laws:

“The judiciary power ought not to be given to a standing senate; it should be exercised by persons taken from the body of the people at certain times of the year, and consistently with a form and manner prescribed by law, in order to erect a tribunal that should last only so long as necessity requires… But though the tribunal ought not to be fixed, the judgments ought; and to such a degree, as to be ever conformable to the letter of the law. Were they to be the private opinion of the judge, people would then live in society, without exactly knowing the nature of their obligations…”

Ever since Marbury, when the justices proclaimed the judicial branch to be the final arbiter of the law, we have lived “without exactly knowing the nature” of our obligations.

Alexander Hamilton explained that “A constitution is, in fact, and must be regarded by the judges as fundamental law… The Constitution ought to be preferred to the statue, the intention of the people to the intention of their agents… The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body.” (1)

Thomas Jefferson was quite concerned about this. He said in a letter to William Jarvis:

“You seem… To consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, for the privilege of their corps… Their power is more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control…”

O God, bring us back to You and Your law and judgment, Father, In Jesus’ Name, Amen.

(1) Federalist 78

 

 

 

Listen every Saturday to WCNO at 8:30 am EST at 89.9 FM.

I have learned many of these quotes from The Making of America by Cleon Skousen.    You may purchase it here.

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It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery.” Galatians 5:1 NIV

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