Citizen
Soldier is
dedicated to teaching how history, law, logic, and
mathematics prove that the ideas that create
America's freedom and prosperity - America's
Founding Principles - are God's moral rules found
in Judeo-Christian Scripture. A big job, to be
sure, but to help you quickly see where we are
coming from, we summarize these ideas in the blue
boxes below. The white boxes give you examples of
where these ideas appear in our founding documents,
the writings of the Founding Fathers, and the
scholarly writings that influenced our founding. We
link you to resources where you can learn more, and
invite you to explore our site, especially our
Freedom 101 and Project Mainspring links. Thanks,
keep an open mind.
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Freedom comes from
God's moral rules - The Founders based
American independence and freedom on "the Laws of
Nature and of Nature's God" - God's rules of right
and wrong found in the Torah and the Bible. The
phrase is a quote from Sir William Blackstone's
Commentaries on the Laws
of England, which is, in turn, based on 800
years of Christian thought dating from the
Gregorian Reform. God's moral rules are summarized
in the Ten Commandments (Exodus 20:1-17).
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The First
Paragraph of the Declaration of
Independence
When
in the Course of human Events, it becomes necessary
for one People to dissolve the Political Bands
which have connected them with another, and to
assume among the Powers of the Earth, the separate
and eqaul Station to which the Laws of Nature
and of Nature's God entitle them, a decent
Respect to the Opinions of Mankind requires that
they should declare the causes which impel them to
the Separation.
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The First Sentence
of the Declaration's Second
Paragraph
We
hold these Truths to be self-evident, that all
Men are created equal, that they are endowed by
their Creator with certain unalienable Rights, that
among these are Life, Liberty and the Pursuit of
Happiness . . . .
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Moral rules create
political freedom - because they
declare that all men are created equal. The Bible
teaches that men must treat each other as equals
because all men are equal in the eyes of God.
Aquinas said the purpose of the law is to call men
to virtue, and because all men are competent to
call others to virtue, all are competent to make
law. Thus, no one may use the law to do to another
what he would not want done to himself. This idea
is expanded on in Bastiat's The
Law.
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Moral rules create
economic freedom - because they protect
each person's property from being taken by either
government or other citizens. God gave man private
property rights before the fall when He gave man
dominion over the earth. (Gen. 1:26). God's
relation to His creation is the paradigm for man's
relation to God's creation. Thus, man's dominion
over earthly things is a way in which man resembles
God. Property is therefore more than just the
ownership of things, it includes rights in the work
of one's hands and mind. (Pope John XXII, early
1300s)
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The Preamble of
the Constitution
We
the People of the United States, in Order to form a
more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common
defence, promote the general welfare, and
secure the Blessings of Liberty . . . .
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Article I Section
8 of the Constitution
General Welfare and Enumerated Powers
The
Congress shall have power to lay and collect taxes,
duties, imposts, and excises to pay the debts and
provide for the common defense and general
welfare of the United States; but all duties,
imposts, and excises shall be uniform throughout
the United States; [the specific enumerated
powers follow]
< - - - - - - - - - - -
>
The
Constitution twice repeats the idea that the powers
of government may not be used to advance the
welfare of specific groups; once in the preamble
and once in Article I Section 8, just before the
actual powers given to the federal government are
listed precisely. The idea is captured in what is
called the general welfare clause.
The men who wrote the
Constitution believed the general welfare clause
was an overarching limit on how the powers granted
to government could be exercised. Since the
government was formed to secure the rights of all,
the general welfare could only be served if
government's exercise of its power protected the
rights of all. The right most protected by the
clause is the right to property. At bottom, the
clause means government may not take the property
of one man for the benefit of another, only for the
benefit of all, as by providing for the common
defense and the court system.
This understanding of the
meaning of the "general welfare" held sway up until
1867, when Congress voted the first gifts of money
- taxed away from some citizens - to other private
citizens. With the rise of the Progressive Movement
in the late 19th Century, many Americans forgot
that government's purpose was to protect our
rights. Instead, government was viewed as a tool do
do "good," good being defined by the party in
power. By 1937, the original understanding of the
general welfare clause was completely lost. In the
case of Helvering v. Davis that year, the
Supreme Court upheld the biggest case of legalized
theft in American history, F.D.R.'s Social Security
program. The Court calimed the general welfare
clause was not a limitation, but a grant of power
to Congress to tax and spend.
The evidence is
irrefutable the Founders would not have agreed. In
1794, during debate on a bill that would
appropriate $15,000 for French refugees from San
Domingo, James Madison, the Father of the
Constitution and then a representative from
Virginia said:
"I cannot undertake to lay
my finger on that article of the Constitution which
granted a right to Congress of expending, on the
objects of benevolence, the money of their
constituents."
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Moral rules create
prosperity because they are efficient -
In a world of scarcity, where man must earn his
bread by the sweat of his brow (Genesis 3:19),
God's moral rules create prosperity by allowing men
to cooperate and live together in peace, and by
establishing the following ideas and
institutions:
1)
Personal
responsibility - each man is
responsible to provide for his own welfare by
making the most of his God-given talents to produce
something that others desire and are willing to
trade for.
2)
Private
property - the reward for assuming
personal responsibility. That which one earns or
produces by using his God-given talents.
3)
Voluntary
exchange - the means of creating wealth.
Where God's moral rules are obeyed and enforced,
the only way to get ahead is by meeting the needs
of others - producing something they value and are
willing to trade for.
4)
Private charity - God's moral rules
command man to demonstrate his love for his
neighbor by giving of what he has, not by transfers
coerced with the force of government, but as each
man is led in his own heart. (2 Corinthians
9:12)
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Moral rules create the
Rule of Law - The Rule of Law is the
idea that makes freedom possible. The Rule of Law
means all citizens, both those who exercise the
power of government and those who do not, are bound
by the same absolute principles of right and wrong.
The Rule of Law broke the ability of Kings to
exercise power at will. The Rule developed as the
Judeo-Christian ideas that all men are created
equal, God's moral law applies to all, and every
citizen is accountable to obey God's moral law
became widely accepted in European political
thought in the centuries between the Magna Carta
and the Declaration of Independence
You can read the part of the Commentaries from
which the quotation at left is taken here.
(The page is part of our Programmed
text on the Declaration of Indpendence.)
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Commentaries on
the Laws of England
(Ideological Origin of the Declaration)
Sir William Blackstone
Upon
these two foundations, 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 . . . .
And
herein it is that human laws have their greatest
force and efficacy; for, with regard to such points
as are not indifferent, human laws are only
declaratory of, and act in subordintation to, the
former. To instance in the case of murder: this is
expressly forbidden by the divine, and demonstrably
by the natural law: and, from these prohibitions,
arises the true unlawfulness of this crime. Those
human laws that annex a punishment to it do not at
all increase its moral guilt, or superadd any fresh
obligation, in foro conscientiae, [in
the court of conscience] to abstain from its
perpetration. Nay, if any human law should allow or
enjoin us to commit it, we are bound to transgress
that human law, or else we must offend both the
natural and the divine.
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The Second
Paragraph of the Declaration
We
hold these truths to be self-evident, that all
Men are created equal, that they are endowed by
their Creator with certain unalienable Rights,
that among these are Life, Liberty and the Pursuit
of Happiness -- That to secure these Rights,
Governments are instituted among Men . . .
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The Preamble of
the Constitution
We
the People of the United States, in Order to form a
more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common
defence, promote the general welfare, and
secure the Blessings of Liberty . . . .
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Moral rules limit
government - Since God is the source of
man's rights not government, the only function of
government is to protect man's rights. Government
protects man's rights by obeying and enforcing
God's moral rules. The authority to protect the
rights of citizens gives government the authority
to produce the public goods of national defence,
police protection, and the courts. Every other
good, unless expressly authorized for government to
produce by the Constitution, can and should be
produced by the private market.
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The Right to the
Pursuit of Happiness - Since man can
only be truly happy if he follows God's rules, the
Right to Pursue Happiness means the right to be
free from a government that commands or allows what
God forbids, or that forbids what God commands or
allows.
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Commentaries on
the Laws of England
(Ideological Origin of the Declaration)
Sir William Blackstone
Man,
considered as a creature, must necessarily be
subject to the laws of his Creator, for he is
entirely a dependent being . . . .
And
consequently, as man depends absolutely upon his
Maker for everything, it is necessary that he
should, in all points, conform to his Maker's will
. . . . This will of his Maker is called the law of
nature . . . .
But
if the discovery of these first principles of the
law of nature depended only upon the due exertion
of right reason, and could not otherwise be
obtained than by a chain of metaphysical
disquisitions, mankind would have wanted some
inducement to have quickened their inquiries, and
the greater part of the world would have rested
content in mental indolence, and ignorance its
inseparable companion.
As,
therefore, the Creator is a being not only of
infinite power, and wisdom, but also
of infinite goodness, he has been pleased so
to contrive the constitution and frame of humanity,
that we should want no other prompter to inquire
after and pursue the rule of right, but only our
own self-love, that universal principle of action.
For he has so intimately connected, so
inseparably interwoven the laws of eternal justice
with the happiness of each individual, that the
latter cannot be attained but by observing the
former; and, if the former by punctually
obeyed, it cannot but induce the latter. In
consequence of which mutual connection of justice
and human felicity, he has not perplexed the law
of nature with a multitude of abstracted rules and
precepts, referring merely to the fitness or
unfitness of things, as some have vainly surmised,
but has graciously reduced the rule of obedience to
this one paternal precept, "that man should pursue
his won true and substantial happiness" . . . .
This
law of nature, being coeval with mankind, and
dictated by God himself, is of course 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; and such of them as are valid derive all
their force and all their authority, mediately or
immediately, from this original.
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Commentaries on
the Laws of England
(Ideological Origin of the Declaration)
Sir William Blackstone
These
are the eternal immutable laws of good and evil, to
which the Creator himself, in all his
dispensations, conforms; and which he has
enabled human reason to discover, so far as they
are necessary for the conduct of human actions,
Such, among others, are these principles: that we
should live honestly, should hurt nobody, and
should render to every one his due; to which three
general precepts Justinian has reduced the whole
doctrine of law . . . .
This
is the foundation of what we call ethics, or
natural law; for the several articles into which it
is branched in our systems, amount to no more than
demonstrating that this or that action tends to
man's real happiness, and therefore very justly
concluding that the performance of it is a part of
the law of nature; or, on the other hand, that this
or that action is destructive of man's real
happiness, and therefore that the law of nature
forbids it.
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Freedom of conscience,
not of action - Since God does not force
man to believe in Him, government may not compel
citizens to believe in God. But this freedom does
not include a license to act in any way one
desires. Each person is accountable to obey God's
moral rules for how to treat others contained in
the last six of the Ten Commandments, regardless of
whether one believes in God or not.
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Separation of church
and state - means 1) the federal
government may not establish one Christian
denomination as the nation's official religion, and
2) God's rules are above those made by man's
government. Government must obey and enforce God's
rules if its actions are to be legitimate. Since
the effectiveness of government depends on the
citizens' understanding of and compliance with the
moral rules, there can be no limit on the ability
of citizens, whether in government or without, to
speak about God.
This is not to say that government can force man
to believe in God. God Himself does not force man
to believe. It does mean that government can force
man to act in accordance with the rules that make
it possible for people to live and work together
peacefully.
The state's means of enforcement range from
simple ostracism (an extra legal reputational
constraint) all the way to capital punishment. The
state's choice of penalty is a matter of balancing
the cost to society of the infraction with the
traditional goals of the criminal law:
- Restitution for victims
- Protection of society from repeat
offenders
- Punishment, and
- Deterrence
Note that rehabilitation was never considered to
be within the capacity of the law.
And so we are back to our beginning, because the
ideas that make it possible for men to live and
work together in peace are God's moral rules in the
Bible. Each of these rules, don't murder, don't
steal, etc., exists to protect a right of man, the
right to life, right to property, etc.
We are "free" only as long as our rights are not
infringed by others, acting either for themselves
or in the name of the state. But since God's rules
exist to protect man's rights, we cannot disregard
His rules without infringing upon the rights, and
therefore the liberty, of our fellow men. So God's
rules both create human "freedom," and establish
its limits.
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The First
Amendment to the Constitution
Congress
shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press
. . . .
The Declaration of
Independence
When
in the Course of human Events, it becomes necessary
for one People to dissolve the Political Bands
which have connected them with another, and to
assume among the Powers of the Earth, the separate
and eqaul Station to which the Laws of Nature
and of Nature's God entitle them . . .
.
.
. . [T]o secure
these Rights, Governments are instituted among
Men, deriving their just Powers from the
Consent of the Governed, that whenever any Form
of Government becomes destructive of these Ends, it
is the Right of the People to alter or abolish
it,
Commentaries on
the Laws of England
(Ideological Origin of the Declaration)
Sir William Blackstone
Upon
these two foundations, 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 . . . .
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"Freedom"
- means
the ability to have and
enjoy one's God-given rights!
It is the condition that exists
when man's laws conform to God's
laws.
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