Posts Tagged Constitution

The Great Despotic Rot: Obamacare, the Supreme Court Ruling, and Spurious Claims to Deity

Health care, sign, rightsDoug Wilson recently wrote a powerful repudiation of Obamacare and the recent Supreme Court ruling, focusing largely on the (non)biblical implications—which is to say, all of the implications (HT).

Wilson begins his critique by exploring the meaning and Biblical importance of limited government, kicking things off with the following verses:

And when they found them not, they drew Jason and certain brethren unto the rulers of the city, crying, These that have turned the world upside down are come hither also; Whom Jason hath received: and these all do contrary to the decrees of Caesar, saying that there is another king, one Jesus. And they troubled the people and the rulers of the city, when they heard these things.

Here we find the gospel, with all of its political implications (meaning authority and submission implications), rubbing up against a culture and a system that has its own version of things. And here, where Christians overtly ride tensions with earthly despots, we see a push toward the intended order of things—a rendering of the rendering, we might say.

Here we see a glimpse of why government must be limited, and what or who does the limiting:

Limited government does not refer to the size of government, but rather refers to a certain concept of government. Limited government means that vast portions of human life and experience lie outside the business of the civil magistrate, and that everyone, both governors and governed, understand this boundary. False concepts of government will indeed affect the size of the state eventually, but the size is not really the main issue. Size is the symptom, not the cause. The cancer is one thing, and the fever, fatigue, or dizziness is quite another. Limited government recognizes, and rejoices in, its finitude. Government that has metastasized does not.

So in the absence of a functional limiting principle, every act of legislation is a grasping after the serpent’s promise—you shall be as God. Absolutist governments are therefore anti-Christian in principle long before any decisions are made, whether those decisions are good or bad. If the Supreme Court upheld a law that required all of us to carry an umbrella whenever it looked like rain, the issue would not be the umbrella, or the rain, or the accuracy of the weather report, or the wisdom of taking the umbrella on any given occasion, but rather what such overreach revealed about who on earth they think they are.

The Bible requires limited government because any claim to unlimited government by mortals is a spurious claim to Deity. To make such claims is a fatal conceit, and to acquiesce in them is cowardice in the face of such conceit.

Next, Wilson applies this approach, revealing the “fatal conceits” and “spurious claims to Deity” in Obamacare and the Supreme Court’s upholding of the law—developments that most Americans seem to now shrug off as inevitable ends of Western civilization.

The application:

The heart of the problem is that the Supreme Court has now in effect declared that there is no limiting principle in our form of government at the federal level. This means that if we are to live under limited government—the kind of government the Bible requires—that limitation must be enforced at the state and local levels and, failing that, at the level of the church, and failing that, at the level of families and individuals.

Simply repealing Obamacare as a policy matter is no longer enough. Obamacare must be rejected because it is inconsistent with the moral obligation of limited government, and not because it was “unpopular” or “will cost too much.” The problem we are facing is not because of a stupid law. Of course Congress will pass stupid laws from time to time. The problem is the claimed prerogative to a stupidity without limit. We can bear with stupidity from time to time. It is the claim to omnipotent stupidity that has awakened our concern. In a godly form of civil government, we must reject anything that concludes with those fatal words—“without limit.”

Congress is not Jesus, the Supreme Court is not the Supreme Being, and there was no baptism for any of them at the Jordan; there was no fluttering dove that descended. Congress did not die for us, and if Congress were to die, Congress could not rise from the dead. This means that Congress does not own me, or the members of this congregation. We have all been purchased by the blood of Jesus Christ, and therefore cannot be possessed in this manner by another. We have already been bought with a price—Christ’s broken body and shed blood. Talk about a single payer.

Lastly, the solution: Read the rest of this entry »

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James Madison on Proposition 8: Factions, Federalism, and Gay Marriage

No. But you certainly can.

By now, I assume that most of you have heard the news regarding Proposition 8, which was overturned this week by a California judge.

From The New York Times:

Saying that [Proposition 8] discriminates against gay men and women, a federal judge in San Francisco struck down California’s voter-approved ban on same-sex marriage on Wednesday, handing supporters of such unions at least a temporary victory in a legal battle that seems all but certain to be settled by the Supreme Court.

As usual, the media has been buzzing, but it seems that the majority of the arguments (from both sides) have to do with the morality of gay (or straight) marriage, and whether we as a society should “accept” it.

These are necessary arguments to have, but the fundamental issue at the moment has to do with whether this decision holds up on Constitutional grounds. I would argue that it does not.

The decision centers around the last part of the Equal Protection Clause in the Fourteenth Amendment, which says the following:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Obviously we can’t just interpret the Equal Protection Clause all by itself (it has years of jurisprudence coloring its words and meaning), but rather than dive into a nuanced, methodical discussion of how we should interpret the clause, I will simply say that I don’t believe the clause has anything to do with homosexual marriage, or heterosexual marriage for that matter.

In this particular instance, perhaps one good way to understand what it should apply to is to detach ourselves from thinking of “marriage” as Read the rest of this entry »

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