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Summary of Covenants, Compacts and Constitutions
"As we have seen, compacts are secularized covenants that derive from the biblical tradition. When one reads the preamble, which begins "We the people . . .," it is difficult not to think of "We whose names are undersigned" in the Mayflower Compact, the first political covenant in America."
Calvinism - Emphasis on Biblical Law
"Calvinist believe God's law, as revealed in his Word, the Bible, contains absolute and unchanging principals that are . . . relevant to modern society." Calvin believed both the moral and judicial laws of Scripture should be applied as principals and not hard fast rules. Concerns for reformed theology flowed form Calvinistic doctrines of divine sovereignty and human depravity. First use of the law was to proclaim God as the creator, and the laws were enacted and enforced by civil government to regulate the sinful nature of man.
Sources Most Cited by Founders
1. Bible 2. Enlightenment 3. Whig 4. Common Law 5. Classical 6. Peers 7. Other
Agreement
Agreement Between two or more Addressing a course of action, mutual understanding or common commitment The terms "agree", "compact", or "covenant" used interchangeably. More than a contract in that implies a "knitting together".
Contract
An agreement Mutual responsibilities Specific purpose Small group Enforced by law Contract does not itself have the status of law
Frame
An established Order; Plan; Scheme; or System Especially of government An adjustment to new factors but not rejecting the older form or system Not a document of initial founding but of re-founding Example -The documents in which Pennsylvania's recognition of its government during the late seventeenth century.
John Locke - Influenced by Puritanism
Authored the "The Reasonableness of Christianity" believing if he showed people how logical and reasonable Christianity was, everyone would accept it. Pious man who held a high view of Scripture. Studied the bible extensively Cited the bible in his treatises - example parental authority, private property and social compact based upon the historical existence of Adam an Noah. Contribution to the Founders Doctrine of Natural Law Two laws exist Law of God and Law of Nature Law of God revealed law Law of Nature - law discovered through right reason Human laws cannot violate the laws of nature or the Laws of Scripture
Ordinance
Authoritative command Contrast with Law or Statute Narrower Less permanent
Puritans and Pilgrims: Puritans
Believed the Church of England was worldly and corrupt Believed they should remain a part of the church and purify the church Believed in a union between the church and state Came to American to establish a state church and run it strictly according to the commands of God Some believed they would eventually return to England, take control of the church and remove the worldly and corrupting influences
John Adams - Puritanism - Calvinism: Natural law and natural rights
Believed the universe was governed by fixed laws of science (Isaac Newton) Belief in he laws of science did not negate his belief in miracles. (deists totally rejected miracles.) Diary note: "the great and almighty Author of Nature, who at first established those rules which regulate the World, can as easily suspend those Laws whenever his providence sees sufficient reason for such suspension. This can be no objection, then, to the miracles of J[esus] C[hrist]." Belief in moral laws: Govern the affairs of men Credited Christianity for Natural Law
Puritanism Calvinism and Republic Form of Government: Republic
Better form of government to protect individual liberty Dependent on morality Morality based upon the Bible
Combination
Bringing together Two or more entities Into a whole To pursue a common broad objective Mayflower Compact, which was a covenant was known to those who wrote it as a combination
Calvinism - Limited Government
Calvinism supports the belief that civil government is ordained and established by god and that God has given it limited authority. Rutherford maintained that the people granted the ruler limited authority and the people had the right to terminate the covenant if the ruler violated the covenant terms. Ruler acts outside his limited granted authority when violating the laws of God and nature, failing to secure basic liberties. Rutherford maintains Christians must resist such authority.
Pilgrim Code of Law
Charter and covenant usage overlap Recognize the king as they operated under a charter but also recognize the authority to create and form a government to govern themselves (King as the witness thus, a political covenant) Creating a governing body, general court or general assembly which was not subordinate to English Parliament Evidence that colonist from the beginning believed parliament had no authority to tax them because they had their own legislatures under the king Provided specific instructions as to selection and authority of government officials Emphasis placed on the pursuit of the common good Functioned as a constitution although was a covenant
Compare and Contrast Foundation Documents and Charters
Charters Similarities to Foundation Documents Foundational documents created a people, similar to charter creating a grantee Both provided explanation for why the document was being drafted Both created a government Both explained some of the government's basic institutions Both subject to alterations through an orderly process involving references to earlier documents Description of the political institutions came to be called constitutions, thus, in America constitutions were related to charters Difference between Charters and Foundation Documents Asymmetrical relationship between the parties, differed from the community created by foundation documents. With charters power flowed in one direction
Charters, Foundation Documents, Compacts and Covenants
Charters in contrast to foundation documents, covenants and compacts Does not merge many people into one new entity - creates two distinct parties Although many individuals may be formed into the grantee - the entities (grantor and grantee) are defined by their relationship to each other
Charters in Contrast to Contracts
Charters in many instances were re-written unlike contracts Contracts are usually more specific in its terms, attempting to address in detail all aspects of the relationship between the contracting parties specifically with regard to the purpose of the contract Contracts usually attempt to preserve and/or create, in accordance with each parties separate obligations, a symmetry of power. Charters usually arise from and attempt to preserve the grantor's authority or power.
Economic Purpose of Charters and Self Government
Charters, for the most part issued, to allow grantor to share economically in the work or endeavors of the grantee. Grantor's primary motivation is economic As a result, many times grantor not necessarily overly concerned with how the grantees governed themselves as long as grantor was financially benefiting
Puritanism Calvinism and Republic Form of Government: Religious Liberty and Tolerance
Christianity and government interrelated - but want to encourage sincere believers and thus a separation of civil and religious government Religious liberty and toleration Morality promoted by Christianity Christian preachers duty to address social and political issues
Political and Church Covenants
Church and Political Covenants have some of the same elements For example the Mayflower Compact God is called on to witness Why - "Better Ordering and Preservation" Creates a people - Those who sign Creates a government -Civil Body Politic Defines the type of people they wish to become - People who glorify God, advance the Christian religion, honor king and country, and value justice, equality and the common good. Lacks only one element as a complete foundational document - no specific institution for collective decision making
Montesquieu and the Founders
Cited by the founders more than any source other than the Bible His works: The Spirit of Laws - Best Known - distinguished four forms of government Monarchy - guiding principal honor Aristocracy - guiding principal moderation Republican democracy - guiding principal virtue Despotism - guiding principal is fear Main contribution was the concept of separation of powers Legislative Executive Judicial
Organic Act
Codifies and celebrates an agreement or set of agreements made through the years by the community Example Common Law State constitutions adopted in 1776 - codified what colonist developed over the years
Fundamental Orders of Connecticut
Compact Created a complicated institutional structure - similar to constitution Similar to religious covenant Live according to the liberty and purity of the gospel Also part of the reason was to form a government to facilitate the purpose Created a people - all those inhabiting Windsor, Hartford and Wethersfield Each town retained a covenant of its own and remained and independent entity However the new people were of Connecticut Expression of Federalism No explicit division of power between the town or colony wide government Town governments remained intact General Court given the supreme power of the commonwealth Thus in 1639 colonist in Connecticut created a federal system
Constitution: Constitutions derived their elements from:
Compacts Covenants Charters Fundamentals; and Ordinances
Baron Montesquieu of France (1689 - 1755)- Catholic
Comparing Christianity to Islam Christianity Moderate government is more agreeable to Christianity Requires that men should love each other which overarching rule results in the "best civil, the best political laws" Prince seeking the best interest of its subjects Christian religion is a stranger to despotic power - message of the gospel not compatible with despotic rage of a prince punishing its subjects and exercising power resulting in cruelty Islam Princes preoccupied with giving and receiving death Christian Faiths and Forms of Government Catholic - More agreeable to a Monarchy, because church is run similar to a monarchy Protestant - More agreeable to a Republic - no recognized head of the church other that Christ
John Adams - Virtue, Morality and Republic Form of Government
Constitutional republic dependent on moral society Free society and morality Free nation cannot remain without a moral society i.e. French Revolution Fallen man and the requirement of morality Influence of Laws; and Christianity Morality should be based upon the Bible His answer to the question where does morality come from Supposition of a God No right or wrong unless moral government and moral governor Advantage of Christianity is the Promotion of Morality in a Civil Society
Example of Covenant Charlestown -Boston Church
Covenant to form the church July 30, 1630 Five elements God is called as witness Why the agreement is necessary Creates a people Creates a church Defines the type of people they wish to become
John Adams - Puritanism - Calvinism: Distrust of Power - Example
Defended American Causes against British abuses Also defended British against mob rule
The Purpose for Constitutions
Define a way of life Create or define the people of the community Define the political system or form of government Define the regime, the public or citizenship Establish the basis for authority Distribute political power Structure conflict so it can be managed Limit governmental power
John Adams - Puritanism, Calvinism Effect on Political Thought: Distrust in Power - Democracy
Distrusted absolute power in the hands of the majority Nature of sin in the individual or the masses can result in abuses "The fundamental article of my political creed is, that despotism, or unlimited sovereignty, or absolute power, is the same in a majority of a popular assembly, an aristocratical council, an oligarchical junto and a single emperor. Equally arbitrary, cruel, bloody, and in every respect diabolical." Democracy as unfettered majority rule equals despotism
Pilgrim Code of Law
Drafter November 15, 1636 - One of the first modern constitutions Framers put the political practices, institutions, laws generated since 1620, into a coherent form removing redundant or unnecessary terms. Begins with reading the combination made at Cape Cod November 11, 1620 and the royal charter - this established the authority making the document a covenant thus constitutionalism based upon charters and documents written in America Next portion known as the Plymouth Agreement - same rights as all Englishmen and government based upon the consent of the governed Detailed description of political institutions - representative assembly beholden to virtuous people as measured by God's law. A constitution drafted in a covenant form Same symbols used in the first state constitutions and Declaration of Independence
Charter
Elements of a Charter Identification of a grantor Creation or identification of grantee Stated reason for the grant Statement of what is being granted Statement of the license or exclusive use Statement of how the grant was to be administered Specific restrictions or limits on the grant Reciprocal duties owed the grantor by grantee Charter is a patent, but not all patents were charters.
Compacts and Federalism
Examples of compacts that resulted in some forms of federalism Fundamental Orders of Connecticut (1639) 1662 United colony of Connecticut 1643 New Haven colony March 16 and 19, 1642 Organization of the Government of Rhode Island New England Confederation of 1642 Thus federal system of 1787 was not a simple creation of the founders The following concepts pre-existed this form of federalism Relative independence of local government Construction of state government from the bottom up States existence as ongoing governments
John Adams - Puritanism, Calvinism Effect on Political Thought: Balance and Separation of Power
Fallen man - Balance of Power Delegated powers and delineated authority Three branches of government, Legislative, Judicial and Executive No one is above the law "empire of laws and not of men" Why - best form of government to protect individual liberties
Providence Agreement of August 20, 1637
First secularized compact People believed taking an oath was the sin of taking God's name in vain Implied people had an independent will The signers are sovereign First explicit use of popular sovereignty in America Majority rule Implies a separation of church and state Members of church would run the colony, but All present and future inhabitants would create orders and agreements for common good in civil matters
Montesquieu Role of Religion
Fostering values which find expression in the civil law Christianity is a religion revealed by God, which is the true religion revealing true morality Non-Christian religion can have a positive effect if: Fosters values Which result in good laws
Early Colonial Covenants and Compacts
Free people Seeking the common good Created government Based upon their consent Operated according to majority rule The American compact or covenant pre-existed the following: European Whig Enlightenment thinkers, such as, Loche and Montesquieu Common law commentary - Blackstone Thus early colonial covenants and compacts were not the result of such thinking
John Adams - Puritanism - Calvinism: Belief in revealed religion
God revealed truth to man and in God-given powers of human reason Limits to human reason Man is dependent on God for revelation
Calvinism - Covenant Theology
God's covenant with man is two fold: Covenant of law and; Covenant of grace. Covenant of law includes the revelation of the biblical law and old testament and the agreement to obey same. Covenant by grace is redemption through the finished work of Jesus Christ Civil Application Rulers derive authority from God. Romans 13:1-4 God grants this authority through the people. The people establish the government and select a leader and the ruler acts under the authority of God.
Puritanism Calvinism and Republic Form of Government: Covenant Theology and Limited Government
Government established by the people and rulers receive authority from God Ruler acts outside limited granted authority when violating the laws of God and nature, failing to secure basic liberties. Rutherford maintains Christians must resist such authority Eventually resulted in a republic form of government and federalism
Puritans - Covenants - Religious Liberty
Halfway Covenant - Allowed those whose salvation were uncertain to attend church, vote, hold public office and participate in the government Two views of government: A church run society in which the church was a little more than a social club A society not run by the church, but with a strong and faithful church within it. Eventually resulted in the separation of the civil government and the church to ensure citizens would not be under the misconception that they were Christian simply because they were a part of or could participate in the civil government.
Puritans and Pilgrims: Pilgrims
Landed at Plymouth Rock in 1620 Believed the Church of England was worldly and corrupt Separatist - wanted to separate from the church of England Prohibited from forming their own church in England First went to Holland then American Came to America to exercise their faith to establish a church and government by which they would govern themselves.
Baron Montesquieu of France (1689 - 1755)- Catholic
Law has its source in God God as creator Creates laws Creates the universe through laws Preserves the universe through these same laws Belief about man Evil and self centered Intelligent beings do not choose to follow God - thus is intelligence in and of itself a virtue. Intelligent beings led away by impetuous passions resulting in man: forgetting God - need laws of religion disregard himself - need the laws of morality and forget his fellow-creatures - need political and civil laws All of which are necessary to confine man to his duty
Constitution: Constitutions often occurred in association with
Laws Statutes Ordinances Frame
Fundamentals
Leading principals Rules Laws; or Articles that served as the groundwork for a political system Similar to a constitution or possibly could be a constitution Example - Fundamental Orders of Connecticut.
Blackstone's Influence on America
Legislatures, lawyers and founders all studied Blackstone's Commentaries Blackstone's Commentaries provided a systematizing of the common law of England which was needed in American since it was new and did not have a long standing tradition upon which to reference as guiding principles. Influenced the founders view on law, specifically that law is from God and may be discovered by man through right reason Also influenced the founders with regard to the role of the judicial compared to the legislative branch. Primarily because of Blackstone the common law of England is part of the Christian heritage of America. "Blackstone's description of the law as it existed was accurate and comprehensive, and was of great use to those who wished to reform it."
Samuel de Pufendorf
Lived between 1632 -1694 Influenced Grotius - helped to establish the law of nature as the basis of international law God is the creator of all and has given grace to even the non-believer to discover his law through right reason and through a since of the fear of God - "the law of God written on their hearts" Advocate for religious tolerance
Emeriti de Vattel
Lived between 1714 and 1767 Writings led to the "general law of society" - each should do for others whatever their necessities require, and they are capable of doing, without neglecting what they owe to themselves." This rule applies to nations. Thus nations are at liberty to govern themselves so long as it hurts no other nation. He promoted the idea that nations were all on the same footing in terms of sovereignty Influenced both the idea of individual and national equality and liberty.
Calvinism - Total Depravity
Man by nature is sinful and unable to please God. Man is incapable of saving himself from eternal damnation. Man cannot earn or purchase redemption but saved by grace through faith in Jesus alone. Although sinful, mankind is still able to do right, through common grace, manifested through human reason and conscience. God's law is written on our hearts. God's law written on man's heart results in a basic understanding of right and wrong that allows even the unbeliever to be a good citizen in a civil society, although usually motivated by self interest. Government was designed with this human nature in mind. Government needs to be strong enough to avoid anarchy but power could not be centralized in one ruler, because such power would result in corruption. Thus, the idea of checks and balances was encouraged by an understanding of mankind's depravity
John Adams - Puritanism - Calvinism: Sinfulness of Man
Man sinful v. Essential Goodness of Man and Perfectibility The fall resulted in self-love and self-interest French Revolution's Failure at Perfectibility (Letter to Jefferson) God given human conscious - man can't wholly extinguish his conscious and thus is capable of some good Without Christian religion and republican institution society could easily degenerate into an age of darkness
Calvinism
Many of the colonial Americans came from Calvinistic backgrounds. Dr. Loraine Boettner Notes: "about two-thirds of the colonial population were trained in the school of Calvinism. Calvinism thus, was a significant influence on the heritage, culture and ideas of the colonist which likewise affected the founders. Calvinism is a major branch of Protestantism that follows the theological tradition and forms of Christian Practice of John Calvin and other Reformation era theologians. Concepts of Calvinism that are Important: Total Depravity of Human Nature Priesthood of All Believers Emphasis on Biblical law Covenant Theology Limited Government Local Church Government
Covenant: Secular
Mutual Formal agreement Legal validity Under the seal of the highest authority usually the crown. Creates a community States why the agreement exists or the community is formed
Compact
Mutual agreement or understanding Nature of a standing rule Creates a community States why the community is formed or the agreement exists Affects an entire community
John Locke - Influenced by Puritanism
Natural Rights of Man Life Liberty Property Theory of Social Compact Similar to the Calvinist idea of covenant In order to secure rights people form a social compact In doing so, people grant to the government the authority by which it rules - purpose is the secure the people's rights The theory of Social Compact is the cornerstone of the idea of limited government.
Puritanism Calvinism and Republic Form of Government: Puritans
New purified religious community Encouraged the teachings of the bible Followed the theology of Calvinism.
Combination of the Settlers Upon the Piscataqua River for Government
October 22, 1641 - four years after the Providence Agreement First intended secular covenant or compact Included all the foundation elements of the Mayflower Compact except for the calling upon God as a witness Unlikely drafters had seen Mayflower Compact Why were the forms so similar: Common prior use of the religious covenant Clear act of popular sovereignty - People constructed government based upon the consent of the public
John Adams - Puritanism - Calvinism: Bible as Revelation of God's Truth
Old and New Testament Revelation from God Perfect morality, philosophy and policy found in the Bible Bible contains the moral fiber essential to a republic form of government Literal interpretation of the bible
Connecticut Charter
Popular sovereignty not yet widely accepted Thus a question of exists as to whether Fundamental Orders of Connecticut or the Pilgrim Code of Laws functioned a full constitutions - Did the granting authority authorize the constitutions? The Connecticut Charter of 1662 ratified the Fundamental Orders of Connecticut, which was based on popular consent By ratification, the king legitimates popular sovereignty blurring the distinction between king as sovereign and people as sovereign. This charter created a people, those who lived in the colony and those who would be admitted to the colony Similar modifications occurred in the covenants and compacts written by the colonists themselves. The charter elements and covenant/compact elements were in the process of being joined together.
US Constitution Meets the Elements of a Compact
Preamble contains first four foundation elements: Free people - the people Seeking the common good - the why Created government - the what is created Based upon their consent - the agreement or sovereignty of the people Bill of Rights Description of the Institutions Constitution is a compact dominated by a constitution
Patent
Public letter or document Usually from a sovereign or person of authority Making public a contract; Command or authorize something to be done; or Confer a right, privilege, title, property or office Implied monopoly or exclusive use
Puritan's and the Holy Commonwealth
Puritans wanted to establish a "Holy Commonwealth" Blending of the covenants of church and state Only church members had the privilege to vote and hold public office Nonmembers or believers were benefited in that the rights to life, liberty and property received some basic protection. However, the unbeliever was obligated to obey the rules of society but not fully part of either the covenant with the church or the covenant with government Holy Commonwealth controlled through the dictatorship of the holy and regenerate
Hugo Grotius - Dutch Lawyer and Theologian
Read and discussed by founders Grotius beliefs and philosophies Promoted the divine origin of the Christian Religion Applied Christian principals to politics - specifically regarding law proposing that "What God has shown to be his will that is law." God's Law is superior to human laws Beliefs formed the basis for principals of international law - God's law governs men and nations Believed in just wars and capital punishment - Belief based upon the failure of Christ to express a prohibition against both Ruler should apply the will of God which is discovered in nature and through the scriptures, thus, combining the religious with the secular.
Covenant: Religious
Religious Mutual Formal agreement Legal validity Under the seal of the highest authority, God Creates a community States why the agreement exists or the community is formed Secular and Religious - Securer is both the crown and God
Covenants to Compacts
Religious covenant to compact Not a difficult transformation since covenants and compacts have the same elements except for calling upon God as authority However, in a compact authority derived from the people
Structural Similarities of a Charter to a Constitutions
Replace the king as the highest civil authority with the people People give a monopoly of power to governing officials who become grantee or government Justification for issuing the grant Confirm the power relationship is asymmetrical from grantor to grantee Mission to establish justice and insure domestic tranquility etc Defines the geographical area Grantee has authority to exclude non-citizens Grantee has authority to create institutions to address civil and criminal issues Grantee's governing must be agreeable to grantor and not violate the provisions of the charter - the higher law
Pilgrim Code of Law Institutional Design Similar to Constitution
Rested upon the consent of the governed which implied popular sovereignty Political equality and majority rule Elections central to political operations Some form of representation although the representatives could not make the law Legislature supreme which is the General Court Powers and duties of the elected were specified and enumerated Pursuit of the common good rather than a particular group Political process was deliberate Right to trial by jury important
Sir William Blackstone - Commentaries of the Laws of England
Revealed Law The law of God found in the Bible "Upon these two foundations, the law of nature and the law of revelation, depend all human laws, that is to say, no human law should be suffered to contradict these." Judges discover and apply the law Judges do not make the law and are not the sources of the law Only three sources of law: General custom - court precedents - judge must follow Special custom - rights of private parties that ripened into rights of prescription Statute law - that which was passed by Parliament Role of the judge is to interpret the will of the legislature
Puritans - Covenants - Religious Liberty
Roger Williams who established Rhode Island had been banished from Massachusetts for his religious views "Two Tables" argued by Williams - separation of covenants Civil government jurisdiction - thou shalt not kill or steal Church jurisdiction - though shalt have no other god before you Civil government has no direct authority over man's relationship with God
Bill of Rights, Preambles, and Constitutions
Self definition and listing of values, Bill of Rights, grew into long preambles Long description of institutions became the Constitution Evolution into the following elements of the governing framework or documents: Preamble Bill of Rights Frame of Government - or Constitution The document that includes them all is a compact Thus early state constitutions are really compacts in which constitution became predominant Compacts and constitutions became indistinguishable
Compacts v. Covenants
Similarities between a compact and covenant Agreement Between a large group Creating a new community Consent of the people Contrast Covenant's legality was based upon the sanctioning or witnessing authority the crown, God or both Blackstone- "A compact is a promise proceeding from us, law is a command directed to us."
Sir William Blackstone - Commentaries of the Laws of England
The law has its source in God Law of Nature The will of the maker God created it with matter and governs this matter by laws Likewise, man created by God and governed by immutable laws restraining free will God created man with the faculty of reason to discover the immutable laws God, creator, ruler, not subject to anyone, and has infinite wisdom Can create just or unjust laws if he chooses; However, created those laws that relate to justice - eternal, immutable laws of good and evil to which the Creator conforms. Man is able to discover these laws through right reason
Calvinism-Priesthood of All Believers
Theological understanding that as a result of Jesus' actions there is no need for a human intermediary between God and man, that role is fulfilled by Jesus. Individual need not an earthly priest to come boldly to the throne of God. We all have an obligation to read and understand the scriptures because we are responsible to God for our own soul. This resulted in heighten emphasis on education and literacy for a majority of the colonist.
Calvinism's Influence on Puritans
Total depravity of human nature State and church was an instrument of God to combat sin Priesthood of believers - thus encouraged education Puritans also believed in covenant theology Resulted in a covenant view of government People enter into agreements to establish government and select rulers Power granted to the government is limited In order to control sin, God entered into covenants with men to establish churches and to establish civil governments
Charters and Self Government
Usually provided for local self government within a geographic area Sometimes councils, institutions and periodic assemblies were included and described Oversight counsel in England was usually established However, colonist usually given full authority to actually govern themselves on a local level which included civil and criminal matters Because of the lack of specific instructions as to self government, colonist usually drafted foundation documents to fill in the gaps left by the charters Self government was also usually limited Rules, laws and ordinances had to be in accord with the laws of England Laws of England function as a higher law Also needed authority from council in England Council in England functioned as the final authority
Puritans and the Postmillennialism
View on eschatology - generally the part of theology concerned with death, judgment, and the final destiny of the soul and of humankind. Puritans adopted postmillennialism The thousand year reign of the kingdom of God on earth was about to begin God working through its church and saints to bring about the condition conducive for Christ's return Puritans believed the revivals in New England would bring about the millennium