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Roy Moore is coming to my town. He's the former Alabama Chief Justice who snuck into the Alabama Judicial Building in the middle of the night three years ago and plunked down a 5,280-pound rock chiseled with the Ten Commandments. He paid for that with his job, after being given many chances to think better of his misdeeds. Since he lost his full-time job on the bench and his part-time job in interior decorating, he's been working full-time from the bully pulpit, preaching to the choir. That explains how Lancaster County, Pa., made his itinerary. This is about as "choir" as it gets. Moore is coming here as one of the featured speakers at the Constitution Party's "Biblical Foundations of American Law" conference. I think I'll give it a miss, though the other speaker, Alan Keyes, is always enlightening and interesting. Moore, on the other hand, will be drearily predictable. What struck me, though, in the article we ran previewing the speech, was the picture of Moore, standing beside his famous boulder. The Commandments are on the top of it, but around the sides are various quotes from political and legal men. You can read the ones on the side facing the camera. They're the type of one-sentence quotations that Fundamentalists love to cite to "prove" America's Christian foundation. I was pleased to see they numbered none of the usual bogus "Wall Builders" quotations, the ones continually attributed to the Founders but which have been proven to exist nowhere in their works. But a flagrant lie is just one way of turning the truth on its head. There are more subtle ways. Here's one of the quotes you could plainly read on the monument in the photo: "The transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed." — James Madison Well, there it is, you secular humanists. Right there in black and granite. No less a light among the Founders that James Madison wants you to bow down and acknowledge that man's law is subordinate to God's. Maybe. The first "which" gives it away that this is a clause, not a full sentence. But you'd never know that otherwise, since the monumental carvers began it with a capital letter, which technically makes it a mis-quote. I thought I recognized this snippet. Here's the full sentence: "The first question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed."Fitted into its context, the clause becomes much less important. Madison isn't writing about God or religion. He's writing about some "case," and invoking the "great principle of self-preservation," and cloaking it in the mantle of the deity, perhaps hyperbolically, to make his point seem unobjectionably sensible. It's from the Federalist Papers, those masterpieces of argument designed to convince a skeptical public to accept the new form of government that had been drawn up in Philadelphia in 1787. To be exact, it's from Federalist no. 43, which bears a date of Jan. 23, 1788. It is one in a sequence of pieces in which Madison, Hamilton, and Jay justified the creation of a new system of government -- after all, as everyone then knew, the Philadelphia Convention had been called to propose changes to the Articles of Confederation, not to scrap them and start over. That the delegates emerged from that secret convention with an entirely new Constitution was a serious breech of their stated legal purpose. Such a radical change might require that, since all the states had committed to the old Confederation, all of them would have to accept the new Constitution before it would go into effect. But that was highly unlikely -- Rhode Island was having none of it in 1788. Madison knew all this, and he argued strenuously to put this objection to rest. He was a good politician. The record and the authorities were not on his side. So he appealed to higher authority. Mostly to common sense. In that one case, to the natural law of self-preservation. Within it, as a parenthetical within a clause, he mentions the word "God." And in fact, he ditches God almost as soon as he conjures him. Because he's got a better argument: the system by which the Articles of Confederation were ratified was defective, because in many cases state legislatures, not the people, had voted on them. The new constitution will take its approval directly from the power of the people, assembled in state conventions. The confederation is fatally flawed because it is a treaty. The new system, rooted in the will of the people, will be greater and stronger. I find very little in that about big rocks in public buildings, graven with ancient religious codes. But evidently Judge Moore can find it. Here is Madison's full piece: This article speaks for itself. The express authority of the people alone could give due validity to the Constitution. To have required the unanimous ratification of the thirteen States, would have subjected the essential interests of the whole to the caprice or corruption of a single member. It would have marked a want of foresight in the Convention, which our own experience would have rendered inexcusable. "Hey! Beavis! He said, 'God!' Hunh-hunh. Hunh-hunh."
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| © Jan. 24, 2004 Douglas Harper - Civil War -Etymology Dictionary - Brambles |