The Bible’s Forgotten Influence on the American Constitutional Tradition

To many scholars of the subject, the American founding reflected the high-water mark of Enlightenment rationalism, producing a secular Constitution that makes no reference to God and mentions religion only insofar as it protects the free exercise thereof—and even that, not in the Constitution’s originally ratified text but in its first amendment. Not so, argues Daniel Dreisbach, noting that, in the political literature of the founding, the Bible was far and away the most-cited work:

Not all founders revered the Bible, but even those who doubted Christianity’s transcendent claims or the notion that the Bible was divine revelation thought it was vital to their experiment in republican self-government. (Interestingly, some of the most skeptical, heterodox founders, such as Benjamin Franklin and Thomas Paine, were the most prolific in referencing Scripture in their political writings.)

There was, in particular, broad agreement that the Bible was a useful handbook for nurturing the civic virtues that give citizens the capacity for self-government in a republic. For this reason, both John Adams and John Dickinson called the Bible “the most republican book in the world.” In various representative assemblies of the age, as well as in pamphlets, political sermons, and private papers, founding figures appealed to the Bible for principles, precedents, normative standards, and cultural motifs to define their community and to order their political experiments. Some founders also saw in Scripture, especially in the Hebrew Scriptures, political and legal models—such as republicanism and separation of powers—that they believed enjoyed divine favor and were worthy of emulation in their own polities.

Among the many specific cases Dreisbach cites is one likely familiar to anyone who has studied talmudic jurisprudence:

The provision in Article III, § 3, clause 1 [of the Constitution] that convictions for treason be supported by “the testimony of two witnesses” conforms to a familiar biblical mandate, asserted in both the Old and New Testaments, requiring multiple witnesses of malfeasance for conviction and punishment (see Deuteronomy 17:6). The principle was written into early colonial laws, such as Article 47 of the Massachusetts Body of Liberties (1641), requiring “the testimony of two or three witnesses” in capital cases, and it continued to find expression in later statements of colonial law.

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More about: American founders, Benjamin Franklin, Bible, Biblical Politics, Hebrew Bible, U.S. Constitution

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

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More about: Gaza War 2023, Hamas, Joseph Biden