The Bible and Locke’s View of Legislative Power
Jeanna Tinney
GOVT 327: State and Local Government
October 17, 2016
2
There is biblical authority for American federalism and structure of state legislatures and
their roles, with the dispersion of power and enumerated responsibilities.1 This paper will discuss
the connection between the Scriptures, Lockean concepts and content discussed previously in
this course. Additionally, Scripture will be utilized to determine the level of biblical applicability
and validity these concepts and procedures have.
The Structure of State Legislatures and Their Roles in State Government
Although national power has grown through Congress at the expense of the states via
taxing and spending, some powers have been returned through the Supreme Court of the United
States under the Tenth Amendment.2 State constitutions and governments protect freedoms and
liberties, with the military as our last line of defense.3 Additionally, states regulate finances,
personnel, structure, processes, functions, and service standards of local governments.4 Three
functions of the state legislatures include policymaking, representation and oversight.5
Policymaking is the enacting of laws and allocating of funds.6 Representation of constituents
includes speaking or voting on behalf of the people on the chamber floor or casework for
citizens.7 The majority of the work completed by state legislatures is done through committees.8
The primary function is considering bills, listening to testimony and rejecting, approving or
1 Miller, Ron. “Biblical Authority for Federalism” Lecture. Accessed 17 October 17, 2016.
2 Smith, Dr. Trevor. "Dissolution of State Authority" Lecture. Accessed October 3, 2016.
3 Smith, Dr. Trevor. "Introduction to State and Local Governments" Lecture. Accessed October 3, 2016.
4 Smith, Dr. Trevor. "Local Governments –Where the Sausage is Made”" Lecture. Accessed
October 3, 2016.
5 Smith, Dr. Trevor. "Structure, Apportionment, and Process" Lecture. Accessed October 3,
2016.
6 Ibid.
7 Ibid.
8 Ibid.
3
amending bills.9 Standing, joint conference and interim committees all have different objectives
and some include the House of Representatives and the Senate.10
Locke’s idea of the structure of state legislatures and roles in state government are
similar. He believed that the legislative body is the most important part of the government
because it preserves society, but believed that it was not equal to other branches.11 John Locke
also stated that every member of society is required to adhere to the laws written by the
legislative body.12 These laws are universally applied and are designed for the good of the
people.13 Furthermore, Locke believed taxes must not be raised without the consent of the
people.14 Lastly, he was concerned with long-term office holders because those politicians may
see themselves as a separate entity from society and therefore act in their own personal best
interest opposed to society’s.15 Locke explained that legislators cannot transfer their power to
anyone else because it is aligned with the majority’s will which is the only force more powerful
than itself.16
Underlying themes of the Bible include the dispersion of power, from 1 Samuel 8 to
Exodus 10, and so much more.17 The dispersion of power ensured that the peoples’ prerogatives
are not infringed upon.18 Enumerated responsibilities ensure that specific roles are created for
specific individuals and institutions and people stay in “their land of the road.”19 It ensures that
9 Ibid.
10 Ibid.
11 Locke, John, and C. B. Macpherson. Second Treatise of Government. Indianapolis, Ind:
Hackett Pub. Co, 1980.
12 Ibid.
13 Ibid.
14 Ibid.
15 Ibid.
16 Ibid.
17 Ibid.
18 Ibid.
19 Ibid.
4
no one entity has the power, authority or ability to handle all conflicts.20 Also, it demonstrates
that it is important to responsibly delegate to the lowest possible levels.21 This will increase the
likelihood of efficiency, success, and proper allocation of resources.22
The Reapportionment Process
Apportionment is the systematic procedure of legislators representing districts.23 Each
district contains approximately the same amount of people and upholding the doctrine of one
person, one vote.24 Reapportionment is generally handled by the states with the federal
government overseeing it and occurs every ten years after the census.25 Redrawing of district
lines can result in gerrymandering, which is the creation of districts that represent partisan
objectives opposed to people.26 Locke believed that "reapportionment does not alter the
legislature so much as restore the old and true one" on the basis of the True Foundations
prescribed by the original consent of the community. Furthermore, Locke "modernizes
apportionment" as an "establisher of the government...[and] cannot miss the Consent and
Approbation of the community.”27 Another underlying theme of the Bible is that every single
person is counted, important and seen by God. Therefore, even in a representative manner, one
person should equal one vote. Furthermore, in 2 Corinthians 5:20, we are considered
ambassadors of Jesus, “as though God were making His appeal through us” which is the biggest,
highest and most important honor of them all.
Structures of State Court Systems, Their Selections and Decision Making
20 Ibid.
21 Ibid.
22 Ibid.
23 Ibid.
24 Ibid.
25 Ibid.
26 Ibid.
27 Ward, Lee. John Locke and Modern Life. New York: Cambridge University Press, 2010.
5
There is a hierarchy within state court systems and a process of their selections and
decision making. State courts have civil, family, probate, district and superior courts and
appellate courts. They vary in names and procedures amongst states, but their scope and abilities
are the same. Selections of judges, magistrates and registrars are typically via elections and the
decision making process is also through a specific procedure outlined by state regulations and
laws. Locke argued that prior to the institution of government every man has the right to preserve
himself, and lacks the right to “take away or impair the life, or what tends to the preservation of
life, the liberty, health, limb, or goods of another.”28 There is a strong importance of these and
other unenumerated, constitutional protections that are considered Lockean.29 Again, it is
biblically vital that there is no concentration of power or decision making amongst one person
other than God. This is another underlying theme of the bible, as Jeremiah 17:9 (KJV) tells us
that the heart is deceitful and “desperately wicked.”
The Concept of Judicial Federalism
Five clauses of the Constitution have grown the interpretations of the judiciary.30 The
judiciary is the ultimate arbiter of conflicts between the legislative and executive branches.31 In
90% of cases, the decisions are made for the judges with plea bargains or guilty pleas.32
Appellate courts review court records and attorneys’ arguments and make a decision via a panel
of three judges to see if legal error occurred.33 Decision making is made through the facts of the
case, institutional arrangements, legal procedures and precedents, caseload pressures, access to
the system and the personal characteristics of court actors, particularly judges.34 As mentioned,
28 Ibid.
29 Ibid.
30 Ibid.
31 Ibid.
32 Ibid.
33 Ibid.
34 Ibid.
6
the majority of the states decide judges through elections.35 Some are legislative elections in
which judges are selected by a majority vote.36 Others are via a popular election which in reality
sounds wonderful, but is not.37 There are also gubernatorial appointments and the Merit Plan
which is a hybrid of the aforementioned methods.38
Locke discussed the importance of separating legislative and executive powers but should
have taken it one step further with the judiciary system, too. He believed that there should be
legislative, executive and federative branches.39 However, these branches weren’t equal and
weren’t made to operate40 independently.41 Similarly to Jeremiah 17:9 (KJV), the judicial
federalism is also brought up in order to protect the individual rights of people. The Bible
instructs us in Zechariah 7:10 (ESV) by saying, “Do not oppress the widow, the fatherless, the
sojourner, or the poor, and let none of you devise evil against another in your heart.”
35 Ibid.
36 Ibid.
37 Ibid.
38 Ibid.
39 Ibid.
40 Ibid.
41 Ibid.
7
Bibliography
Locke, John, and C. B. Macpherson. Second Treatise of Government. Indianapolis, Ind: Hackett
Pub. Co, 1980.
Miller, Ron. “Biblical Authority for Federalism” Lecture. Accessed 17 October 17, 2016.
https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?
course_id=_325366_1&content_id=_13602161_1
Smith, Dr. Trevor. "Dissolution of State Authority" Lecture. Accessed October 3, 2016.
https://learn.liberty.edu/bbcswebdav/pid-13602215-dt-content-rid-
114117735_1/courses/GOVT327_B01_201640/GOVT327_Presentations/Dissolution
%20of%20State%20Authority%20%28LMS%29/res/index.html
Smith, Dr. Trevor. "Local Governments –Where the Sausage is Made”" Lecture. Accessed
October 3, 2016. https://learn.liberty.edu/bbcswebdav/pid-13602242-dt-content-rid-
114117891_1/courses/GOVT327_B01_201640/GOVT327_Presentations/Local
%20Governments%20%20Where%20the%20Sausage%20is%20Made%20%28LMS
%29/res/index.html
Smith, Dr. Trevor. "Introduction to State and Local Governments" Lecture. Accessed October 3,
2016.https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?
course_id=_325366_1&content_id=_13602161_1
Smith, Dr. Trevor. "Presentation: Evil Interest Groups and Lobbyists…or Are They?" Lecture.
Accessed October 3, 2016.
https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?
course_id=_325366_1&content_id=_13602181_1.
Smith, Dr. Trevor. "Structure, Apportionment, and Process" Lecture. Accessed October 3, 2016.
https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?
course_id=_325366_1&content_id=_13602171_1
Ward, Lee. John Locke and Modern Life. New York: Cambridge University Press, 2010.
Powered by TCPDF (www.tcpdf.org)
