May 2006 Newsletter |
Stresses the necessity of the Christian, pessimistic view of human nature to checks and balances in government;
does not emphasize that it is the deity of Christ (which implies corrupt human nature) that establishes the
trinitarian principle of shared sovereignty in federalism; therefore it often confuses states' rights under the
Constitution with state sovereignty over the Constitution, which wrongly equates shared sovereignty with unshared
sovereignty; always mistakes
nullification for an expression of states' rights; misperceives secession as an
exercise of states' rights; flawed premise is that sovereignty cannot be shared, whereas in a trinitarian
Constitution it is shared; false logic of this is that by repudiating nullification and secession, the Civil War
in effect overturned the 10th Amendment and limits on federal sovereignty
Rightly connects the pessimistic view of human nature to checks and balances and separation of powers at the federal level; does not relate that to trinitarian shared sovereignty between federal and state governments, in contrast to nullification and secession; fails to distinguish constitutional states' rights under the Constitution from unconstitutional state sovereignty over the Constitution, which was exactly the South's error in 1861; implication of this confusion is that repudiation of nullification and secession in 1865 effectively repealed the 10th Amendment – the very view that this text properly deplores in judicial activist readings of the 14th Amendment's due process clause
In trinitarian divine government, a plurality of Persons (Father, Son, Holy Spirit) shares sovereignty in the Godhead.
In constitutional American government, sovereignty is shared to restrain human nature.
deity of Christ depravity of man |
Basically evil human nature requires the divine Jesus Christ to atone for man's sin. | The deity of Christ requires government to be trinitarian in structure, to restrain human sovereignty. |
regeneration constitutionalism |
— therefore —
Liberty requires virtuous citizens and the rule of law, based on laws' original intent. |
The Great Awakening led Americans to reaffirm the pessimistic view of human nature in government. |
separation of powers mixed government federalism |
"Shared sovereignty" is oxymoronic in human government but inescapable in trinitarianism. | Trinitarianism meant states' rights, not state sovereignty; and constitutional, not federal, supremacy. | |||
delegated powers reserved powers concurrent powers |
Restraints on the exercise of popular sovereignty reflect acknowledgment of divine sovereignty. | The Constitution is silent on the right to secede due to its trinitarian principle of shared sovereignty. | |||
no right to secede no ban on secession |
States and nation are equally ultimate, like the three Persons and the one Godhead. | If states could secede, they are sovereign; if they could not, the federal government is sovereign. | |||
Resolving the right to secede destroys trinitarian shared sovereignty, whichever side wins.
The Civil War occurred when the seceding South wrongly equated constitutional states' rights under the Constitution with unconstitutional state sovereignty over the Constitution. | |||||
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These views are Constitutionally flawed. |
Constitutional(shared sovereignty) |
These views are Constitutionally flawed. |
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state supremacy(decentralized sovereignty) |
The Constitution harmonizes individuality (states) and unity (federal government), which are equally vital to liberty. | federal supremacy(centralized sovereignty) |
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Liberty required
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Jeffersonianism |
Hamiltonianism |
Liberty required
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NullificationSovereign states were final judges of constitutionality of federal acts. |
States' rights under the Constitution differed from state sovereignty over the Constitution. The Civil War destroyed state sovereignty but not states' rights. States' rights never meant nullification. | No more states' rightsBy destroying state sovereignty, the Civil War in effect repealed the 10th Amendment. |
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Right of secession |
Either secession, or its defeat, destroyed a Union in which sovereignty was shared. "Can a state secede?" really asked, "Where does sovereignty ultimately lie?" If states could secede, they were ultimately sovereign; if they could not, the federal government was ultimately sovereign. The Constitution said nothing of secession because it shared sovereignty: there was no constitutional right to secede, and no constitutional power to stop it. | Defeat of |
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Black codesSouthern states abridged constitutional rights of freedmen. |
The 14th Amendment did not restrain the states for the first time. The Constitution had always restrained the states, by prohibiting some state actions, and by delegating certain powers to the federal government alone. But until beginning in 1925, the U.S. Bill of Rights was held to restrain only the federal government, not the states. | Radical ReconstructionThe federal government abridged constitutional rights of Southern whites. |
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States could emit
(Briscoe v. Bank of Kentucky, 1837) |
The Constitution forbids states to emit bills of credit. The Constitutional Convention rejected a bid to let the federal government emit bills of credit. | Federal government could (Julliard v. Greenman, 1884) |