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Covenant and Constitutionalism

 
‘We are responsible to each other and to society to get this right.’ –Sandy Rios

We applaud Sandy Rios for taking the argument to the next level. Let us return to the meaning of constitutionalism and to the original covenant.

Re: http://townhall.com/columnists/SandyRios/2009/12/09/tigers_story_has_consequences_for_us_all

Our Constitution involved the implementation of an existing covenant into a framework of government. A constitution may include reaffirmation of the original covenant, as does the Massachusetts Constitution of 1780…

PREAMBLE  

‘The end of the institution, maintenance, and administration of government is to secure the existence of the body-politic, to protect it, and to furnish the individuals who compose it with the power of enjoying, in safety and tranquility, their natural rights and the blessings of life…’

‘The body politic is formed by a voluntary association of individuals; it is a social compact by which the whole people covenants with each citizen and each citizen with the whole people that all shall be governed by certain laws for the common good…’

‘We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other, and of forming a new constitution of civil government for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain, and establish the following declaration of rights and frame of government as the constitution of the commonwealth of Massachusetts.’
 
http://www.nhinet.org/ccs/docs/ma-1780.htm 

Almost 3,000 years after the Covenant at Sinai, the Pilgrims, who saw themselves as new Israelites embarked on a venture into their own "hideous and desolate wilderness," introduced into North America a major stream of thought derived from the biblical idea of covenant.

Thus, from their earliest beginnings, the people and polities comprising the United States have bound themselves together through covenants to erect their New World order, deliberately following biblical precedents. The covenant concluded on the Mayflower on November 11, 1620, remains the first hallowed document of the American constitutional tradition:

In the name of God, Amen. We whose names are under-writen, the loyall subjects of our dread soveraigne Lord, King James, by the grace of God, of Great Britaine, Franc, and Ireland king, defender of the faith, etc., haveing undertaken, for the glorie of God, and advancemente of the Christian faith, and honour of our king and countrie, a voyage to plant the first colonie in the Northerne parts of Virginia, doe by these presents solemnly and mutualy in the presence of God, and one of another, covenant and combine our selves togeather into a civill body politick, for our better ordering and preservation and furtherance of the ends aforesaid; and by vertue hearof to enacte, constitutions, and offices, from time to time, as shall be thought most meete and convenient for the generall good of the colonie, unto which we promise all due submission and obedience. In witnes wherof we have hereunder subscribed our names at Cap Codd the 11. of November, in the year of the raigne of our soveraigne lord, King James, of England, France, and Ireland the eighteenth, and of Scotland the fiftie fourth. Ano: Dom. 1620.

A classic covenant, it explicitly created a community and the basis for its subsequent constitutional development.

Although it is impossible to determine definitively the influences upon the minds of the framers of the Constitution who created the unique American federal system, the most overlooked, yet perhaps most important, source of ideas is the covenant tradition which found its first political expression in the federation of tribes of ancient Israel.

It should not be surprising, therefore, that the Americans established a federal system of government with sovereignty divided and shared between the states and the nationwide government. This is often treated as an anomaly or as a product of unique circumstances. Yet the governmental outcome of the Revolution could have been very different. The states could have separated as independent nations. They could have been united in whole or in sections by conquest. The Americans could have erected a monarchy. Indeed, given past experiences with the governance of large territories, these were much more likely outcomes than the actual one. Instead, the Americans, within their states, sent representatives to a convention, ostensibly to improve the Articles of Confederation, and then ended up ratifying,  a wholly new constitution that employed federal principles to create the first continental republic in world history. Whereas, historically, large territories were invariably ruled by an imperial center, the United States became governed through a system of dispersed democratic majorities coupled with nationwide representation of both individuals and constituent states.

 
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