Welcome to the Liberty Insider. 00:00:26.89\00:00:28.86 This is a program 00:00:28.89\00:00:30.23 that's designed to bring you news, views, information 00:00:30.26\00:00:34.06 and analysis on religious liberty events 00:00:34.10\00:00:37.50 in the United States and around the world. 00:00:37.53\00:00:39.87 My name is Lincoln Steed, editor of Liberty Magazine. 00:00:39.90\00:00:43.77 And today on this program, 00:00:43.81\00:00:46.94 I want to look at the Constitution. 00:00:46.98\00:00:50.75 Now my tongue betrays me, I'm sure. 00:00:50.78\00:00:55.48 I grew up in Australia, or at least, 00:00:55.52\00:00:57.42 grew to teenagership in Australia. 00:00:57.45\00:01:01.82 I left when I was 16. 00:01:01.86\00:01:03.66 And then I went back briefly 00:01:03.69\00:01:05.03 to live as an adult. 00:01:05.06\00:01:06.56 But I've lived overwhelmingly 00:01:06.59\00:01:08.26 most of my time in the United States. 00:01:08.30\00:01:09.90 But I think by coming from somewhere else, 00:01:09.93\00:01:12.73 I look at it in a way 00:01:12.77\00:01:14.10 that maybe many Americans don't. 00:01:14.14\00:01:17.01 I know, when I go back to Australia, 00:01:17.04\00:01:18.91 now I look at it at a distance in a different viewpoint. 00:01:18.94\00:01:23.71 And I always look closely at the US Constitution. 00:01:23.75\00:01:27.38 And I've been amazed 00:01:27.42\00:01:28.78 at how little of this wonderful, 00:01:28.82\00:01:31.42 generally wonderful secular document Americans know. 00:01:31.45\00:01:35.26 Invariably, when people quote The Constitution, 00:01:35.29\00:01:39.26 they really are thinking of, and sometimes even verbally 00:01:39.29\00:01:43.30 repeating the Declaration of Independence, 00:01:43.33\00:01:46.23 which is a wonderful document primarily composed 00:01:46.27\00:01:49.60 by Thomas Jefferson, and of course, 00:01:49.64\00:01:51.27 authorized by the, I guess, 00:01:51.31\00:01:54.04 the Continental Congress. 00:01:54.08\00:01:57.28 But it's not a legal document 00:01:57.31\00:02:00.55 in the way that the Constitution is. 00:02:00.58\00:02:02.62 But very few people seem to know the Constitution. 00:02:02.65\00:02:06.49 As we do every four years, 00:02:06.52\00:02:08.66 the US has been roiled 00:02:08.69\00:02:12.36 by an election of a president. 00:02:12.39\00:02:16.00 And again, during this period, there seems gross ignorance 00:02:16.03\00:02:19.47 about how the Constitution works. 00:02:19.50\00:02:21.67 Even sometimes, I think, perhaps knowingly, 00:02:21.70\00:02:24.77 but even sometimes inaccurate 00:02:24.81\00:02:27.08 or incomplete statements made by lawyers at the time. 00:02:27.11\00:02:31.15 Again, in that vein, 00:02:31.18\00:02:34.02 I believe that in the year 2000, 00:02:34.05\00:02:36.72 it was unconstitutionally 00:02:36.75\00:02:38.25 determined through the Supreme Court 00:02:38.29\00:02:39.95 who won the Florida issue 00:02:39.99\00:02:43.43 and thereby determined the presidency 00:02:43.46\00:02:45.33 because the Constitution does not allow 00:02:45.36\00:02:47.50 for a presidential election settled that way. 00:02:47.53\00:02:51.53 I'd like to share something in advance 00:02:51.57\00:02:54.20 of what it says about religious liberty 00:02:54.24\00:02:57.04 that might clarify things for people. 00:02:57.07\00:03:02.01 It talks about the presidency. 00:03:02.04\00:03:04.11 And it says, "He will be elected as follows." 00:03:04.15\00:03:07.72 Now most people think, well, we all go to vote. 00:03:07.75\00:03:09.88 It's a general purpose and so on, 00:03:09.92\00:03:12.05 doesn't say anything about that. 00:03:12.09\00:03:13.89 It says, "Each state shall appoint, 00:03:13.92\00:03:17.46 in such manner as the legislature 00:03:17.49\00:03:19.89 may direct a number of electors." 00:03:19.93\00:03:23.80 Well, the states have decided, 00:03:23.83\00:03:25.43 and I think it was accepted early on 00:03:25.47\00:03:27.64 that they would do that by a vote within the state, 00:03:27.67\00:03:30.07 but it doesn't say so in the Constitution. 00:03:30.11\00:03:32.87 It says equal, a number of electors 00:03:32.91\00:03:34.61 equal to the whole number of senators 00:03:34.64\00:03:36.21 and representatives, 00:03:36.24\00:03:37.58 to which the state may be entitled in Congress. 00:03:37.61\00:03:40.55 And it says, "The electors shall meet 00:03:40.58\00:03:42.48 in their respective states 00:03:42.52\00:03:44.05 and vote by ballot for two persons 00:03:44.09\00:03:46.96 of whom one at least shall not be inhabitant 00:03:46.99\00:03:49.69 of the same state with themselves. 00:03:49.72\00:03:51.43 And they shall make a list of all the persons voted for 00:03:51.46\00:03:54.50 and the votes taken, 00:03:54.53\00:03:55.93 and which lists they shall sign 00:03:55.96\00:03:57.63 and certify and transmit sealed 00:03:57.67\00:04:00.10 to the seat of the government of the United States 00:04:00.14\00:04:02.14 directed to the President of the Senate." 00:04:02.17\00:04:05.11 And he now, without reading it, 00:04:05.14\00:04:07.48 "He's to open those, and then by telling them, 00:04:07.51\00:04:10.75 they will determine who is the president." 00:04:10.78\00:04:12.65 It says, "The person having 00:04:12.68\00:04:14.02 the greatest number of votes shall be the president. 00:04:14.05\00:04:16.18 If such number be a majority of the whole number 00:04:16.22\00:04:18.62 of electors appointed, 00:04:18.65\00:04:19.99 and if they'd be more than one who have such majority, 00:04:20.02\00:04:23.59 then the House of Representatives 00:04:23.63\00:04:24.99 shall immediately choose by ballot 00:04:25.03\00:04:27.00 one of them for president." 00:04:27.03\00:04:28.93 The House of Representatives 00:04:28.96\00:04:30.43 can decide if it's a confused 00:04:30.47\00:04:34.60 electoral vote. 00:04:34.64\00:04:36.87 We've ignored that and misunderstood it. 00:04:36.91\00:04:40.38 It's a reasonable system, 00:04:40.41\00:04:42.31 and it's consistent with the way the US 00:04:42.34\00:04:44.95 was established not as a pure democracy, 00:04:44.98\00:04:47.62 people misunderstand. 00:04:47.65\00:04:49.35 A democracy can easily lead to a tyranny of the majority. 00:04:49.38\00:04:53.46 And on religious matters 00:04:53.49\00:04:55.12 that's central to our understanding. 00:04:55.16\00:04:57.53 There has never been a question in the early America, 00:04:57.56\00:05:01.66 as in the, you know, the Puritan settlements, 00:05:01.70\00:05:04.80 if it were up to the majority, 00:05:04.83\00:05:06.37 they would have confirmed 00:05:06.40\00:05:08.04 a particular view of Christianity, 00:05:08.07\00:05:10.31 their doctrinal view, 00:05:10.34\00:05:12.27 as supported by law and harassed others. 00:05:12.31\00:05:16.34 But it's a representative government, 00:05:16.38\00:05:19.11 and it's designed particularly 00:05:19.15\00:05:22.22 to protect the minority from the majority. 00:05:22.25\00:05:27.16 In an earlier program, I held up, as I will again, 00:05:27.19\00:05:31.99 an early edition of Liberty Magazine. 00:05:32.03\00:05:34.80 Might be a little clearer on this camera. 00:05:34.83\00:05:37.90 This is a 1914 edition, 00:05:37.93\00:05:40.70 when they were looking 00:05:40.74\00:05:42.07 at a world collapsing around, 00:05:42.10\00:05:43.44 there is, everything under question. 00:05:43.47\00:05:47.31 And to me, it's very significant that 00:05:47.34\00:05:49.58 they had an article there on the American Constitution. 00:05:49.61\00:05:54.05 And I won't read the whole article, 00:05:54.08\00:05:55.68 but I wanna share a bit of it 00:05:55.72\00:05:57.05 and the view that was held then, 00:05:57.09\00:05:59.22 and I think should be pretty much consistent 00:05:59.25\00:06:03.02 with the way we see it today. 00:06:03.06\00:06:04.93 It says, "The First Amendment of the Constitution." 00:06:04.96\00:06:08.33 And remember what amendments are. 00:06:08.36\00:06:10.57 They are add-ons the Constitution, 00:06:10.60\00:06:13.27 the body of it was the initial thing 00:06:13.30\00:06:16.07 that was passed around 00:06:16.10\00:06:17.44 to those 13 colonies, then states. 00:06:17.47\00:06:20.14 And as a condition of ratifying it, 00:06:20.18\00:06:24.01 it was pretty soon decided they wanted certain amendments. 00:06:24.05\00:06:27.62 And the Bill of Rights is that series 00:06:27.65\00:06:31.89 of the first block of amendments 00:06:31.92\00:06:34.69 that determines the rights you have, 00:06:34.72\00:06:36.69 but the Constitution is very plain. 00:06:36.73\00:06:39.19 The government 00:06:39.23\00:06:40.56 only has the rights given to it, 00:06:40.60\00:06:42.96 not all rights. 00:06:43.00\00:06:45.03 They have to be enumerated or it doesn't have authority. 00:06:45.07\00:06:48.40 We've forgotten that one big time 00:06:48.44\00:06:51.24 in recent years. 00:06:51.27\00:06:52.71 But it says, "The First Amendment 00:06:52.74\00:06:54.08 of the Constitution which provides that, 00:06:54.11\00:06:56.11 'Congress shall make no law respecting 00:06:56.14\00:06:59.28 an establishment of religion, 00:06:59.31\00:07:01.38 or prohibiting the free exercise thereof'.'" 00:07:01.42\00:07:04.69 Hands off on religion. 00:07:04.72\00:07:06.82 Very interesting amendment at a time 00:07:06.86\00:07:08.96 when the vast majority of the citizenry, 00:07:08.99\00:07:11.96 when I say vast, they weren't that many people, 00:07:11.99\00:07:14.26 a few millions. 00:07:14.30\00:07:16.13 The vast majority of them 00:07:16.16\00:07:17.77 were pretty much officially Bible believing Protestants. 00:07:17.80\00:07:22.74 They weren't even that many Catholics at that time. 00:07:22.77\00:07:25.51 This was a Protestant society. 00:07:25.54\00:07:27.61 And yet they decided, I believe, 00:07:27.64\00:07:30.61 I have a great burden on this using the model 00:07:30.65\00:07:33.68 of the English Civil War, 00:07:33.72\00:07:35.08 where they saw the Puritan majority emerging 00:07:35.12\00:07:38.32 from the Civil War and their generals 00:07:38.35\00:07:40.16 and their agenda coming to power 00:07:40.19\00:07:44.09 under Oliver Cromwell. 00:07:44.13\00:07:46.29 Cromwell was not a desperate in the traditional sense, 00:07:46.33\00:07:49.26 but he was an autocrat. 00:07:49.30\00:07:51.13 And he used the power of this Puritan majority 00:07:51.17\00:07:54.27 to somewhat force religion on an unwilling populace. 00:07:54.30\00:07:58.44 And after a very few years, 00:07:58.47\00:07:59.97 they'd had enough of this Britishness 00:08:00.01\00:08:04.48 where they couldn't have dances 00:08:04.51\00:08:06.61 and simple entertainments 00:08:06.65\00:08:08.25 and plays and all the rest, you know, things that 00:08:08.28\00:08:11.02 the conservatives still frown on, 00:08:11.05\00:08:13.72 somewhat legitimately. 00:08:13.76\00:08:15.32 But, you know, religion 00:08:15.36\00:08:16.79 was mandating every element of life 00:08:16.83\00:08:18.63 and they rejected it. 00:08:18.66\00:08:20.00 And I think as the United States 00:08:20.03\00:08:22.50 was forming Christian believers who were highly moralistic, 00:08:22.53\00:08:27.90 even a few of them 00:08:27.94\00:08:30.64 in the constitutional Congress 00:08:30.67\00:08:32.01 tried to force religious views in but wasn't going to carry 00:08:32.04\00:08:37.35 and they decided that 00:08:37.38\00:08:38.71 they wanted religion to be a personal matter, 00:08:38.75\00:08:40.88 not mandated by this federal government. 00:08:40.92\00:08:43.05 State government, 00:08:43.08\00:08:44.42 maybe you could argue a little differently. 00:08:44.45\00:08:46.59 And it says, "This Amendment has been called 00:08:46.62\00:08:48.86 the Magna Carta, of religious freedom 00:08:48.89\00:08:51.86 in the United States." 00:08:51.89\00:08:53.23 Magna Carta, again, maybe since many of our viewers 00:08:53.26\00:08:57.27 are in the United States, not so up on English history. 00:08:57.30\00:09:00.64 The Magna Carta, you know, 00:09:00.67\00:09:03.10 back was it 1300 or so was back in England, 00:09:03.14\00:09:08.38 when King John, a despotic ruler, 00:09:08.41\00:09:12.25 following on from Richard the Lionheart, 00:09:12.28\00:09:14.68 so offended not the common people 00:09:14.72\00:09:16.58 who had very little rights 00:09:16.62\00:09:18.79 and views not educated or empowered, 00:09:18.82\00:09:22.22 but the gentry, 00:09:22.26\00:09:24.09 the aristocracy was so offended by the king, 00:09:24.13\00:09:27.10 that they came together with their arms showing, 00:09:27.13\00:09:30.17 it was basically an armed insurrection, 00:09:30.20\00:09:32.30 and under duress, 00:09:32.33\00:09:33.90 they forced the king under duress 00:09:33.94\00:09:35.70 to sign the Magna Carta 00:09:35.74\00:09:37.14 which gave certain rights and freedoms to individuals. 00:09:37.17\00:09:40.94 For example, freedom 00:09:40.98\00:09:42.51 against arbitrary arrest 00:09:42.54\00:09:44.31 and imprisonment without charge and trial. 00:09:44.35\00:09:47.48 And the Constitution 00:09:47.52\00:09:49.58 of the United States accepted that 00:09:49.62\00:09:52.29 and the idea that you have a speedy trial. 00:09:52.32\00:09:54.86 Most of the elements of the Constitution enshrine 00:09:54.89\00:10:00.20 came from the Magna Carta. 00:10:00.23\00:10:02.70 And so the First Amendment's been called 00:10:02.73\00:10:05.73 the Magna Carta of religious freedom, 00:10:05.77\00:10:07.97 the bedrock legal basis. 00:10:08.00\00:10:11.71 It says, "It separates at a stroke the church 00:10:11.74\00:10:14.94 and the state and deprives 00:10:14.98\00:10:17.81 the church of the use of secular power 00:10:17.85\00:10:20.38 for the furtherance of her ends." 00:10:20.42\00:10:22.98 Author George Bancroft says and I quote him, 00:10:23.02\00:10:25.99 "Vindicating the right of individuality 00:10:26.02\00:10:29.22 even in religion and in religion above all, 00:10:29.26\00:10:32.46 the new nation dared to set the example 00:10:32.49\00:10:35.76 of accepting in its relations to God, 00:10:35.80\00:10:38.13 the principle first divinely ordained in Judea, 00:10:38.17\00:10:42.27 it left the management 00:10:42.30\00:10:43.77 of temporal things to the temporal power. 00:10:43.81\00:10:47.24 But the American Constitution in harmony 00:10:47.28\00:10:49.54 with the people of the several States, 00:10:49.58\00:10:51.71 withheld from the federal government, 00:10:51.75\00:10:54.48 the power to invade the home of reason, 00:10:54.52\00:10:57.59 the citadel of conscience, the sanctuary of the soul, 00:10:57.62\00:11:02.19 and not from indifference, 00:11:02.22\00:11:04.66 but that the infinite spirit of eternal truth 00:11:04.69\00:11:07.66 might move in its freedom and purity and power." 00:11:07.70\00:11:12.80 That's from a book in 1882, 00:11:12.83\00:11:16.40 "History of the Formation of the Constitution 00:11:16.44\00:11:18.77 of the United States." 00:11:18.81\00:11:20.54 They're not that far removed from when they settled it. 00:11:20.58\00:11:22.91 So he understood, it says, "By this provision, 00:11:22.94\00:11:25.68 the Federal Constitution, 00:11:25.71\00:11:27.42 the lawmaking power of our nation is prohibited 00:11:27.45\00:11:30.69 from enacting any law, touching religion. 00:11:30.72\00:11:36.12 Deciding religious controversies, 00:11:36.16\00:11:38.46 and enforcing religious dogmas 00:11:38.49\00:11:40.23 are not within the proper sphere 00:11:40.26\00:11:42.90 of the federal government. 00:11:42.93\00:11:45.03 For this reason, 00:11:45.07\00:11:46.47 we are unalterably opposed to all legislation 00:11:46.50\00:11:51.94 by our national legislature upon the Sabbath question." 00:11:51.97\00:11:55.91 Now I've got to pause here 00:11:55.94\00:11:57.88 because I'm sharing this for a reason. 00:11:57.91\00:11:59.68 Seventh-day Adventist keep the seventh day Sabbath. 00:11:59.71\00:12:05.29 We think, a clear reading of the Old 00:12:05.32\00:12:08.89 and the New Testaments. 00:12:08.92\00:12:10.39 The Saturday is the seventh day. 00:12:10.43\00:12:14.46 That's the seventh day that God's people 00:12:14.50\00:12:18.40 in the Old Testament and then by continuum 00:12:18.43\00:12:21.04 in the new we're enjoined to keep. 00:12:21.07\00:12:24.41 Over the years before the Reformation, 00:12:24.44\00:12:27.58 and even after it Catholics first 00:12:27.61\00:12:30.25 and then even Protestants 00:12:30.28\00:12:32.11 were tempted on occasion 00:12:32.15\00:12:33.65 to use civil power to enforce public worship. 00:12:33.68\00:12:38.02 And unfortunately, after Judaism was put down 00:12:38.05\00:12:43.59 and replaced by a consciously Roman 00:12:43.63\00:12:47.20 form of Christianity, they rejected the seventh day 00:12:47.23\00:12:51.63 in favor of the sixth day, 00:12:51.67\00:12:54.07 which had overtones, not just of paganism, 00:12:54.10\00:12:57.14 but overtones of Roman civil power 00:12:57.17\00:13:00.28 as a way to differentiate. 00:13:00.31\00:13:02.44 And so, Seventh-day Adventists, 00:13:02.48\00:13:04.48 in particular, see these continued 00:13:04.51\00:13:06.65 historical attempts to compel people 00:13:06.68\00:13:10.19 to worship a Sabbath, 00:13:10.22\00:13:12.59 they see on this wrong dynamic and a wrong day. 00:13:12.62\00:13:17.96 And we've forgotten that in our recent history. 00:13:17.99\00:13:21.00 But the United States has dabbled 00:13:21.03\00:13:24.83 with Sunday legislation, 00:13:24.87\00:13:27.30 variously over most of the course of its history. 00:13:27.34\00:13:30.54 Let's take a short break now and we'll come back 00:13:30.57\00:13:33.04 and I'll read a few more clips 00:13:33.07\00:13:35.31 from this article explaining 00:13:35.34\00:13:37.15 why Seventh-day Adventists think Sunday legislation 00:13:37.18\00:13:39.95 is inappropriate to a constitutionally mandated 00:13:39.98\00:13:44.02 United States government. 00:13:44.05\00:13:45.49