Two Salient Points From Sir William Blackstone

As I continue to discuss Sir William Blackstone, two salient points continue to arise.  The first is that Blackstone is an historical fact.  And the second is that Blackstone's Commentaries on the Laws of England provide a written record of a binding commitment of our Founding Fathers.

The overwhelming consensus of the Founders in each of the individual states and the United States was the legal effect of the English common law within the realms of the new continent.  Each of the thirteen original colonies adopted the English common law shortly after the end of the War for Independence in 1776.  The Northwest Ordinance, enacted by the new Congress of the Confederation in 1787, guaranteed "judicial proceedings according to the course of the common law."  The English common law was the foundation of the American legal system, and Blackstone's Commentaries embodied the most faithful rendition and best understood expression of that system.

Blackstone is an historical fact.  The adoption of English common law as the foundational authority of our legal system is an historical fact.  Therefore, when Blackstone makes the assertion within his Commentaries that, “Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these,” the understanding of Scripture as the final authority in the public arena is an historical fact.

Many have tried to claim that utilizing Scripture in public policy discussions somehow violates an established notion of the separation of church and state or that to do so would impose the Christian faith upon those who do not believe.  This is simply not the case.  Rather, the English common law was bound up in Scripture, and this is an historical fact.  Individuals are free to believe anything they want, but in this country, the English common law and Scripture paramount.  It is nothing for which Christians need apologize.  It is simply the truth. 

The country was designed with these principles in mind.  John Adams stated that this government was created for a moral and religious people.  Patrick Henry observed that, “It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians, not on religions, but on the gospel of Jesus Christ!” Our system was designed to be run according to Scripture.  When a system is not used as it was intended, it simply does not work effectively.  And this is why we are seeing problems in our culture today.

Secondly, and more importantly, Blackstone is a written record of this nation's commitment to Scripture.  This is a sobering thought.  Jesus declared that all authority on heaven and earth had been given to Him and that all Scripture was written about Him and under his authority.  For those of us who believe, that information is sufficient to commit to His authority.  But what about those who do not believe?  What Blackstone does is provide a written record that the Founders submitted to that authority on behalf of the nation.  Now, for America, it is not only that Jesus has a claim of authority, it is the case that our Founders accepted that claim and bound themselves and this nation to it.

The logical result of this reality is significant.  As our leaders ignore and actively deride Scripture, there are ramifications to be considered.  To go against Scripture is not only a refusal to accept the claim of Jesus, it is the conscious breach of the commitment made by the Founders and this nation.  Thus the refusal to accept the claim is compounded by a breach of a commitment.  The nation will bear the consequences of this breach, but the leaders that bring this violation on will be punished more severely.  So, be warned rulers and representatives of the people.  For it is written, “Vengeance is mine, I will repay, says the Lord.”