The Rule of Law

Bring me a coin and let me look at it." They handed him one. "This engraving—who does it look like? And whose name is on it?" "Caesar," they said. Jesus said, "Give Caesar what is his, and give God what is his." - Mark 12:15-17 (The Message)

Be a good citizen. All governments are under God. Insofar as there is peace and order, it's God's order. So live responsibly as a citizen. - Romans 13:1 (The Message)

We will be hearing a lot about “the rule of law” as we head further into the new administration of the US government’s executive branch. Mostly it will be spoken by those who are rallying against what that administration is trying to do. I spent last evening at the Muslim Educational Trust event “MET Emergency Forum! Understanding Justice and Equality for All Through the Strength of Law and Compassion.” It is clear that many challenges to what the administration is doing will be relying on the standard of the rule of law. So, this got we musing; what do we mean by the rule of law and what do I do with Biblical passages like these two that seem to be telling me that it is my duty as a faithful person to support the civil authority?

Let’s begin with the rule of law. Here is what that phrase means in a nut shell (From the website: http://worldjusticeproject.org/what-rule-law):

Derived from internationally accepted standards, the World Justice Project’s definition of the rule of law is a system in which the following four universal principles are upheld:

1.       The government and its officials and agents as well as individuals and private entities are accountable under the law.

2.       The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.

3.       The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.

4.       Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

In other words, it is what I think most of us assume to be the way things work in these United States of America – at least that is the goal and we try hard to meet it. It means the courts are independent of other branches of government and to some extend of each other. That no person, even the President, is outside the law. And that actions by government agencies and officials are subject to the rule of law and can be overturned, modified, restricted, or labeled illegal. This applies to Executive Orders, policies, directives, and any other tool anyone in government can use.

Ok now to these pesky passages. When wrestling with the Bible I usually begin with Jesus and when it comes to the gospels I always go to Mark first since it is the oldest gospel and a source for Matthew and Luke. This passage from chapter 12 about paying taxes has been deemed authentic by the Jesus Seminar. (It was organized in 1985 to renew the quest of the historical Jesus and to report the results of its research to the general public. The goal of the Seminar was to review each of the sayings and deeds attributed to Jesus in the gospels and determine which of them could be considered authentic. More than 200 professionally trained specialists, called Fellows, joined the group at various phases. These Fellows represent a wide array of Western religious traditions and academic institutions. They have been trained in the best universities in North America and Europe. The Seminar met twice a year to debate technical papers that were prepared and circulated in advance. At the close of debate on each agenda item, Fellows voted using colored beads to indicate the degree of authenticity of the words and deeds attributed to Jesus in the gospels.  From the website: https://www.westarinstitute.org/projects/the-jesus-seminar/). I believe that Jesus really did say something akin to this which means I have an obligation to civil authority. When I bring Paul into the conversation and his words from Romans I must hear them in light of what Jesus said which leaves me again at the place of being obligated to adhere to civil authority. So, what do I do when what the civil authority is saying and doing does not fit with my understanding of the rule of law and with the character and values of God?

Paul Achtemier in the Interpretation: A Bible Commentary for Teaching and Preaching: Romans writes: “Both passages make clear that one has an obligation to civil authorities…as well as to God…the obligation to human authorities who rule for the purpose of restraining evil in human society, and promoting good, may not be ignored…Obedience to civil authority is a Christian duty, but it is to be exercised within the framework of the Christian‘s more far-reaching commitment of obedience to God.” What I take this to mean is that I have an obligation to critically access what the civil authority is doing and determine if it is restraining evil and promoting good. When it is, I am to support said authority. When it is not, I am obliged to act based upon my commitment to God and God’s values and will.

In the context of the rule of law then I feel that when an act, decree, executive order, etc. violates this standard it has stopped restraining evil and promoting good and therefore I am obligated by my faith and my partnership with God and Christ to do what I can to keep that decree or order from being executed. I am to disobey the civil authority because it isn’t functioning as it should.

You can say I am rationalizing. You can accuse me of playing fast and loose with the Bible. But for me, for my understanding of the faith, of what it is God values, of what is the character of God and Christ, and what my obligation is to God and civil authority I must stand in opposition to civil authority when it fails to restrain evil and promote good. As Martin Luther famously said when he was brought to trial for heresy, “I cannot and will not recant anything, for to go against conscience is neither right nor safe. Here I stand, I can do no other, so help me God. Amen.”

Dear God, be with our president and other elected leaders. Guide them as you can to have the overriding goal for all they do be the restraining of evil and promoting of good. Be with all those who experience the civil authority promoting evil and restraining good. Be with us all as we try to determine where it is we stand, how much obligation we have to civil authority, and how far we must go when we oppose what that authority is doing. Give me the strength of conviction to risk for your sake. Amen.