Render Unto Caesar

Foundations of Law: Week 3

Key Principle of Jurisdiction

• God has all authority • Romans 13:1. “For there is no authority except

from God, and the authorities that exist are appointed by God.”

Mark 12:17. Christ recognizes jurisdictions.

• Render unto Caesar that which is Caesar’s and unto God that which is God’s.

State has jurisdiction over wrongful actions. Romans 13:3-4

• For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. For he is God’s minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God’s minister, an avenger to execute wrath on him who practices evil.

Hating your brother. Matt 5:22

• But I say to you that whoever is angry with his brother without a cause shall be in danger of the judgment. And whoever says to his brother, ‘Raca!’ shall be in danger of the council. But whoever says, ‘You fool!’ shall be in danger of hell fire.

Jurisdiction over the Heart • God claims absolute jurisdiction over the heart. • Psalm 7:9. “For the righteous God tries the hearts and minds.” • 1 Samuel 16:7. “For the LORD does not see as man sees; for man

looks at the outward appearance, but the LORD looks at the heart.” • Genesis: 6:5 Then the Lord saw that the wickedness of man was

great on the earth, and that every intent of the thoughts of his heart was only evil continually.

• 1 Corinthians 4:1-5. “For I know of nothing against myself, yet I am not justified by this; but He who judges me is the Lord. Therefore judge nothing before the time, until the Lord comes, who will both bring to light the hidden things of darkness and reveal the counsels of the hearts.”

Law of Faith: God Has jurisdiction over matters of faith to the exclusion of the

State • See Exodus 20:2-8. • 1st, 2nd, and 3rd Commandments. • What about 4th commandment—the Sabbath?

Example: 1st Commandment

• “I am the Lord your God . . . You shall have no other God’s before me.”

• It is still binding as law upon all people and all times, b/c it is part of the created order (The Creator and His creatures).

• However, America’s founders believed that this commandment created a duty that was between God and man. The State could not interfere with this duty.

Art. 1, Section 16 VA Constitution

• That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.

Memorial and Remonstrance

• The free exercise of religion is, “in its nature an unalienable right. . . . It is unalienable, also, because what is here a right towards men, is a duty towards the Creator. It is the duty of every man to render the Creator such homage, and such only, as he believes to be acceptable to Him; this duty is precedent, both in order of time, and degree of obligation, to the claims of civil society.”

Conclusion on Religious Freedom?

• State has no power to enforce the duty man has to worship his Creator. – Biblical support: “Render unto Caesar, that which

is Caesar’s and unto God that which is God’s.” Mark 12:17

– Acts 5:28-29. “We must obey God rather than men.”

• What about 10 Commandments prohibitions against heresy, apostasy, blasphemy and idolatry?

Recap: Limits on Civil Government’s Jurisdiction

• Gov’t can only punish evil conduct, not evil desires alone. Romans 13:1-7.

• Law of the heart – Gov’t has no jurisdiction over the heart. – I.e. Gov’t can’t punish mere hate or other bare sinful desire.

• Law of Faith/Freedom of the mind – Gov’t has little or no jurisdiction over matters of faith. – Note: There is some disagreement here. Calvin believed the

state could punish heresy. Blackstone believed only church could do so. Blackstone did believe gov’t could punish apostasy, but not by death.

– Consider whether civil gov’t can enforce first 4 Commandments?

The Jurisdiction of the Civil Government

• Punish evil conduct • Protect health, safety, and morals • Military • Taxes • Negotiations with other nations

Good Samaritan Laws/Duty to Rescue

• Does civil gov’t have jurisdiction to force us to rescue others? – I.e. Good Samaritan laws.

• See Luke 10:25-37. • Tough question, but answer is probably quite limited to

no jurisdiction b/c: – In scripture neither Christ nor OT law prescribes a

punishment for failing to rescue. – Duty to rescue is born out of love, which gov’t cannot

compel. – Slippery slope: What other “loving” things could the civil

gov’t compel?

Who else has God given governing authority/jurisdiction to?

• Self • Church • Family

Self-Government

• Scriptures assume we are beings that can make moral choices.

• I.e. Scriptures impose the duty to rescue upon the individual, not upon the gov’t.

Church Government

• 1 Timothy 3:1-13. Example of qualifications for “rulers” of the church.

• 1 Corinthians 5:9-12. Example of church’s jurisdiction over “anyone named a brother who is sexually immoral, or covetous, or an idolater, or a reviler, or a drunkard, or an extortioner.”

• Enforcement mechanism: Excommunication from fellowship with the church.

Family Government

• Colossians 3:18-21. Wives submit to your husbands, husbands love your wives, children obey your parents in all things, fathers don’t provoke your children to wrath.

• Proverbs 6:20. My son, keep your father’s command and do not forsake the law of your mother.

• Enforcement mechanism for children: The rod.

Family Hypo 1

• Virginia passes a law making it a crime for children to disobey their parents. Does Virginia have jurisdiction to enforce this law?

Family Hypo 2

• Virginia passes a law making it a crime if a husband fails to love his wife. Does Virginia have jurisdiction to enforce this law?

Territoriality

• Q: Why does England have jurisdiction over persons within its territory? Isn’t that arbitrary? – B/c God laid it out that way. – See Acts 17:26-27. “And He has made from one blood

every nation of men to dwell on all the face of the earth, and has determined their preappointed times and the boundaries of their dwellings, so that they should seek the Lord, in the hope that they might grope for Him and find Him, though He is not far from each one of us;”

Hypo: Separation of Powers

• Virginia Governor passes a law making it illegal to drive while texting. You violate this law and the Governor arrests you. You then face trial before the Governor and he finds you guilty of a felony and sentences you to prison time. What is wrong with this picture?

Separation of Powers

• Isaiah 33:22. The American government gets its judicial, lawmaking, and executive power from the Bible. Our government reflects the powers exercised by God.

• Note one big difference. God embodies all these powers in one person. We separate these powers into different branches b/c man—unlike God—is sinful.

3 Major Principles to take from this Chapter

• Power must be expressly granted to civil gov’t, else, it does not exist. Genesis 9.

• Christian view of gov’t provides great liberty. • When considering whether a law is valid, must

also consider who has been granted jurisdiction to enforce it.

Civil Government’s (or Magistrate’s) Jurisdiction Summary

• Start with Romans 13 • No jurisdiction over heart or mind • No jurisdiction over matters of faith/religious conduct • No jurisdiction to force one to rescue another • No enforcement mechanism in Old Testament is hint

that there may be no jurisdiction in modern times; Likewise, existence of enforcement mechanism in Old Testament indicates there may be jurisdiction.

• Territorial limits on jurisdiction • Presumption against civil jurisdiction

Is Mosaic Punishment Binding on All Nations?

• If there is a civil punishment in Mosaic law for a particular wrongful act, how can we tell if that punishment is binding today?

• Same way that we analyze whether a Mosaic prohibition is binding—by examining its purposes.

• Binding: If purpose of punishment is to preserve created order

• Not binding: If purpose of punishment is to reflect Israel’s redemptive/holy purposes

Textual Tips indicating that a Mosaic law/punishment may only bind Israel

• Biblical language to the following effect: – Be holy as your Father is holy – Israel as an inheritance/special treasure – God’s act in redeeming Israel from Egypt – Language regarding the promised land