Sir William Blackstone is often praised for laying the groundwork for American jurisprudence with his Commentaries on the Laws of England. Blackstone's Commentaries were one of the most widely read books in the colonies, and his views of the laws of England were often incorporated into the laws of America. One portion of Blackstone's Commentaries that has largely been forgotten by modern legal scholars but which played a significant role in forming the thought of founding fathers like James Wilson was Blackstone's answer to the question of where laws come from. What follows is a condensed version of Blackstone's somewhat loquacious answer to that question.
Yesterday, a lawsuit against Ivey's mask order was dismissed and subsequently appealed. Ivey attempted several interesting twists of the law in her defense, and one such twist that I find particularly disturbing is her claim that the Emergency Management Act gives her complete authority over the "conduct of civilians."
Do you remember being told that we could defeat the virus if we could just put up with some government intrusion for two weeks? "Fifteen Days to Slow the Spread" was the plan that Trump introduced back in March. After we complied with that plan, a new plan was presented. "Thirty (more) Days to Slow the Spread" they said, and we dutifully complied again. That compliance has now extended to more than 120 days, and I say that enough is enough. I am sick and tired of the government overstepping its authority and mandating that I take the steps that they think are the best for my health. I'm done with this. From now on, I'm fighting back, and I know that many of you are too.
I've created a three-pronged attack to fight back against these unlawful orders. I hope that you will join me, and if you have other suggestions, please leave a comment to let others know about it. Here are three ways that you can fight back against the mask:
On Friday, June 26, 2020, Dr. Mark Wilson, the health officer of Jefferson County, Alabama, issued an order requiring all residents in the county to wear face masks when in most public settings. There are a lot of good and well-meaning people in favor of this order and a lot of good and well-meaning people who oppose it. Most of the debate between the two groups has focused on whether or not the order is necessary or helpful, but there is a much more important question that should be asked. Before we compare the costs verses the benefits of such an order, we need to ask ourselves if the county health officer has the legal authority to issue this order in the first place.
Much of the debate on the relationship between church and state has centered around the phrases “freedom of religion” and “separation of church and state.” While these phrases have a very important history and should be studied, their applicability to American government must be understood within the confines of the First Amendment. Unfortunately, the debate on this Amendment has largely focused on whether or not its prohibitions are limited to the US Congress. The real key to understanding the First Amendment lies in unlocking the mystery of the phrase “an establishment of religion.”
Conservatism is the philosophy that the wisdom of the past is still just as applicable today as it was then. Conservatism is an ancient wisdom in itself, for every age has its conservatives and liberals, and it is always the conservatives who succeed and pass their wisdom down to the next age where some new brand of liberals will rise up to challenge that wisdom once again.
Nearly 3,500 years ago, the nation of Israel faced a pandemic so deadly that it killed 23,000 men in a single day. That was 4% of the total population of Israel. All of those who contracted this disease did so by committing a capital crime, and the initial defeat of the disease was accomplished by sentencing all of the survivors to death. But that's not the end of the story.
One of the most fascinating things about the Old Testament is the fact that God established a republican government in ancient Israel. Most people today think that Israel had a standard monarchical form of government, but that was not the case. Israel (and Judah) never had a true monarchy. Throughout their history, they were always a republican nation characterized by popular elections of their rulers. (For more on this topic see my free eBook The Bible and the Constitution.)
When God established Israel’s government, He also taught the Jews how to choose the right kind of leaders. Those instructions can be found in Exodus 18:21, Deuteronomy 1:13, and Deuteronomy 17:15-20. The qualifications listed in these and other passages are not difficult. There were thousands of men in Israel who met them. God intentionally set the standard low so that the various offices could be filled. He gave the Jews a list of the barest minimum standards that would allow their government to function with good men in positions of leadership.
I wasn't planning to write this. When I heard about Trump's brave new guidance for prayer in schools, I tried to just ignore it and get on with my life. I figured that I had gotten enough of my friends mad at me for the time being and that I should just let this particular opportunity slide on by. However, I saw so many of my friends posting about how wonderful Trump was for issuing these new guidelines that I finally decided to actually read the guidelines for myself and see what all the fuss was about.
Dear Bro. Charles,
By now, you have almost certainly heard about the contention between Pastor Dan and the deacons of First Baptist Church. In fact, it would be nigh impossible for you to have missed it. Unfortunately, there is a lot of misinformation being spread by both sides of the conflict, and I wanted to write you to ensure that you received an accurate account of the proceedings up to this time. Of course, I won’t be able to go into a lot of detail, but I hope that this overview will help you to sort out truth from fiction among all the conflicting reports that you have read.
Bill Fortenberry is a Christian philosopher and historian in Birmingham, AL. Bill's work has been cited in several legal journals, and he has appeared as a guest on shows including The Dr. Gina Show, The Michael Hart Show, and Real Science Radio.
Contact Us if you would like to schedule Bill to speak to your church, group, or club.
"Give instruction to a wise man, and he will be yet wiser: teach a just man, and he will increase in learning." (Proverbs 9:9)