Part 5 » The Christian’s Relationship to the Civil Government: The Limits of Power (Part II)

Conflict

“A power ethical, politic, or moral, to oppress, is not from God, and is not a power, but a licentious deviation of a power, and is no more from God, but from sinful nature, and the old serpent.”
Samuel Rutherford, A Christian Manifesto

Last installment looked at the limits of different authorities, all of which God has instituted to serve Him in the world He created. Before moving on to the confessional statements about authority, specifically laid out in the fifth commandment, I want to revisit these three limitations by way of quick review, and add two additional thoughts.

In the limitations drawn out so far, this series outlined three specific ways the government’s authority is naturally limited. The civil government is limited first by its national borders. That seems fairly obvious. Second, they may not treat their citizens as their own property. Tyranny is men with a derived authority, acting as if they hold that authority as their possession. Tyranny itself is usually rejected, but the response is where the waters get muddy. More on that later. Third, governments must themselves be subject to the laws of their own nation.

In this article I want to add two more limits to lawful authority, specifically as it applies to the civil government. The fourth limit is that government is to act honestly with its citizens. It may not prosecute based on bearing false witness, neither may they use false pretenses to justify powers they would not usually hold. The state must prosecute and legislate honestly. Just to address the elephant in the room here, the next paragraph is not going to be that COVID is a hoax. But I am willing to say that a 2-year state of emergency based on an illness with a less than 1% mortality rate is not honest. These claims no longer serve as a justification for sweeping powers that certain governments want to appropriate for themselves: powers that control private business, medical rights, and even ecclesiastical matters. And when an authority uses dishonesty to expand its powers, they are working outside of the limits of the authority which has been entrusted to them.

The fifth limit is that government may not assume authority entrusted to others. That means the civil magistrate has no authority over the business of the church or family. Applying that principle in church and/or family is often easier and clearer. For example, the church is only free to proclaim what God’s word has plainly said, or what can be derived from it by good and necessary consequence. It may not enter into formal discipline for matters of conscience, but only clear, unrepentant violations of God’s commandments. When the church does either of these things it exceeds the limits of the authority entrusted to it. In the same way, fathers may not administer the sacraments to their families in their homes or excommunicate their children from the church. Ironically, within the Christian community when church and father exceeds the limits of their authority, there is a large outcry in the church. Justifiably so. Why not when the same thing is done by the civil magistrate?

Some may object to this and point to cases where the civil magistrate has rightly addressed fraud in the church or abuse in the home. But to think carefully through those examples, it is plain that when a church commits fraud, it is operating unlawfully in its ecclesiastical authority. Or when a husband abuses his wife or children, he is acting unlawfully, which moves beyond the boundaries of his authority as God has given it. Returning to the realm of the civil magistrate, that means the government is in no way to interfere with anything that rightly falls under the authority of the church and/or family. That means no control over any part of religious worship as was recently seen in COVID measures in several states in our Union, most notable California. That means no right to mandatory government education as is the case in several European nations. That means a respect for bodily autonomy. The authority of the civil magistrate has limits, and these should be respected.

By way of summary, let me just enumerate the five limits described above. The government is limited in its use of power in the following ways:

    1. The authority of any civil magistrate does not extend beyond its national borders. That would be a violation of the 8th commandment;
    2. Tyranny is not within the proper purview of government authority. Its citizens are not its property. To treat them as such would be a violation of the 1st and 8th commandments;
    3. Government must themselves operate under the rules and laws of their nation. That would be a violation of the 5th commandment;
    4. Falsehood and propaganda cannot be used as a means to justify authority that would otherwise be unlawful. That would be a violation of the 9th commandment;
    5. The magistrate may not encroach on authority given by God to another institution. That would be a violation of the 5th commandment.

The main point is that, as a servant of God appointed for the good of its citizens (Rom. 13:4), the Moral Law of God, summarized in the Ten Commandments also applies to the government. Its authority is exercised within the limits prescribed by God and the good laws of the commonwealth it governs.

Everything up to this point is to establish that the civil magistrate may overstep its rightful bounds. When other authorities like church and family do so, there is a reasonable expectation of response. And that should not be different in the case of the government either. The question that is so challenging is, what is that response? How does a Christian respond in a Christlike manner when the civil magistrate exceeds the limits of its powers. These questions will be addressed in our next installment.

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