CONSTITUTION MYTHBUSTERS

Section 1. All judicial authority resides in Almighty God and is, therefore, vested in Almighty God by Almighty God.

Isaiah 33:22¹ declares Yahweh² is King, Lawgiver, and Judge. His sovereignty is inherent in and over all three branches of government. Consequently, any civil judgment not congruent with His perfect law and altogether righteous judgments³ is an instance of judicial usurpation.⁴

Section 2. All viable, dynamic law consists of three integral components: commandments, statutes, and judgments.⁵ The commandments express the primal, foundational law. The statutes expound upon the commandments. And the judgments enforce the commandments and their respective statutes. Without any one of these three components, the law is crippled. A law without a judgment becomes merely good advice.

Whoever defines criminal behavior and dispenses judgments holds dominion in society. Yahweh intends for the judgments to be in the hands of His people.⁶

Section 3. Yahweh’s judicial order is a graduated system—a magistrate rather than a litigant appellate system. Difficult cases in lower courts are to be turned over to higher judges (over fifties, hundreds, and thousands)⁷ for adjudication.

Yahweh’s morality as expressed in His triune law is infallible and therefore immutable. His standard is inalterable and therefore does not change over time or with newly appointed judges. Therefore, except in cases where a higher court discerns a demonstrable decision- or judgment-altering error, a lower court’s decision or judgment cannot be overturned by a higher court. Intervention by a higher court (unless requested by a lower court) is otherwise not allowed.

After a verdict has been rendered, compelling new evidence can be cause for a reversal or a new trial.

Because delayed judgment diminishes the deterrent effect, all judgments are to be carried out expeditiously.⁸

Section 4. There is nothing in the Bible that resembles a jury system. Even with jury nullification (a juror’s right to judge a law as unjust, oppressive, or inapplicable to any particular case) in force, juries invariably render decisions based upon each jury’s collective standard of morality or immorality. Juries are notoriously fickle and produce, at best, erratic justice.

Without Yahweh’s law as the standard, jury decisions are based upon the capricious morality of its members and are just as likely (perhaps even more so) to render bad decisions as they are good decisions. Most people lack the independence and resolution to resist the will of a majority.⁹ Juries put juridical determinations in the hands of an unpredictable and unequally yoked public, the majority of whom are likely to be non-Christian.¹⁰

Juries drawn from the general population are unlikely to be astute in Yahweh’s law and, therefore, no more apt to render justice than a corrupt judge. Moreover, unlike a corrupt judge who can be removed from his bench, there is little or no recourse for inept juries.

Section 5. The Bible provides for judges, officers, and magistrates.¹¹

Judges shall be composed of Biblically qualified men,¹² who will remain in office as long as they aspire to the position,¹³ are mentally capable, and remain Biblically qualified.

Judges must rule in the fear of Yahweh and on His behalf instead of the state or any one race, class, gender, or person. This can only be accomplished when judges’ rulings are based exclusively upon Yahweh’s never-changing morality as reflected in His commandments, statutes, and judgments.¹⁴

At the same time, judges must be impartial in their decisions, regardless race, class, gender, or person.¹⁵

Section 6. Judges are to be nominated by other men from their immediate community who can personally attest to the nominees’ Biblical qualifications.¹⁶ When there are more candidates than positions, nominees shall be elected by Yahweh via casting lots.¹⁷

The number of judges per local community shall be determined by the numeration provided in Exodus 18.¹⁸ With one judge for every ten families, speedy trials should prevail.

Judges are to be compensated for their time and services from tithes and freewill offerings.¹⁹

Section 7. If during his tenure a judge becomes Biblically unqualified, the men of his community must remove him from his bench, lest the community become complicit in any misuse of his position as judge.²⁰

If a judge knowingly rules on behalf of a criminal (as the result of being bribed or for any other reason), he is to be impeached and then punished with the same judgment the guilty party would otherwise have incurred.²¹

Section 8. Depending upon the nature of the crime, Yahweh’s civil laws call for five principal modes of punishment:

• The death penalty²²

•  Retribution, with penalties²³
•  Restitution, with penalties²⁴
•   Indentured servitude²⁵
•   Floggings²⁶

Except for short-term, pre-trial incarcerations, prisons (which are a tax burden upon law-abiding citizens) are superfluous. Bail is likewise redundant. It is also unbiblical.²⁷

The absence of prisons necessitates speedy trials and expeditious punishment.

Except for two instances,²⁸ Yahweh’s law does not provide for fines to be paid to the state or government. In all other instances, monetary remuneration in the form of fines or penalties must always go to the injured party or the relatives of the deceased.²⁹

No one is liable unless damage or injury has occurred to another person or his property. The state cannot be a damaged party. Consequently, there is no liability for such things as speeding or other victimless “crimes.”

Following conviction, anyone (regardless of sex, age, or mental capacity) found guilty of pre-meditated murder must be put to death.³⁰

For cases other than first-degree murder, monetary indemnity is allowable, at the discretion of the victim’s next of kin.³¹

Section 9. Stoning is the principle means for execution,³² for the following reasons:

• Because of its remedial and preventative effect.³³
• Because it provides the means for the next of kin (blood avenger),³⁴ witnesses,³⁵ and the community³⁶ to participate in the execution.

The harsher the punishment, the greater the deterrent. People are less likely to commit felonies when the maximum penalty is mandatory for unrepentant criminals. This is especially true if it is compulsory for the whole community to attend and participate in public executions.

When stones are not accessible, firing squads³⁷ (which also allow for community participation) may be used in substitution of stoning.

Section 10. Because Yahweh is sovereign over His triune law order and because judges represent Him, contempt of court (refusal to comply with a judge’s verdict or order) is contempt for God and His law. Contempt of court is, therefore, a capital crime.³⁸ Because contempt is a capital crime, noncompliance in non-capital cases would be virtually unheard of.

Section 11. The following six safeguards are to be implemented in all cases. They should all but eliminate false testimony and protect the integrity of the court and its decisions:

• Defendants are to be given the opportunity to defend themselves against their accusers.³⁹
• Litigants are required to take self-maledictory oaths by which they call Yahweh to curse them if their testimony is false.⁴⁰ In some cases, perjury can be considered a Third Commandment infraction and, as such, incur the death penalty.
• Witnesses (or anyone with pertinent information) to a crime are required to testify, regardless whether they’re married or related to a litigant.⁴¹
• Convictions require two or more witnesses.⁴²
• Witnesses are required to participate in the execution or flogging of those whom they help convict.⁴³
• False witnesses are to suffer the same punishment they intend for their victims.⁴⁴

Section 12. Trials are to be open to the public in easily accessible locations.⁴⁵ Public trials place judges under the scrutiny of the community that nominated them. This will help curb temptation for judicial abuse.

Executions, retributions, and floggings are likewise to be held in public view.⁴⁶ The community against which the crime was committed is required to attend and participate in the execution or flogging of convicted criminals.⁴⁷

Executions are a covenantal community responsibility. The Bible knows nothing of private executions or tax-paid professional executioners, both of which impersonalize crime and diminish the deterrent effect of the death penalty.

Stone piles covering executed criminals are to be left intact in open sight, in order to perpetuate the deterrent effect.⁴⁸

Section 13. Lex talionis, or the law of retribution (an eye for an eye, a tooth for a tooth, etc.), mandates equitable retribution and restricts the extent of retaliation in order to keep the punishment proportional to the crime.

Lex talionis is especially important for its potent deterrent effect upon non-capital criminals.⁴⁹

The inherent liabilities in the “an eye for an eye…” judgment promotes personal responsibility for one’s actions, which, in turn, eliminates the need for insurance companies and encroaching government agencies such as OSHA and the FDA. Lex talionis also substantially reduces both premeditated crime and careless disregard for the lives and property of others.

Retribution is required only if the victim demands it, not the state.

In addition to “an eye for an eye…,” the perpetrator of an injury upon another person is also liable for any medical expenses and/or loss of income⁵⁰ incurred as a consequence of intentional harm or reckless negligence.⁵¹ This stipulation does not include remuneration for any supposed or real pain, suffering, embarrassment, or indignity suffered at the hands of someone else.

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1. “For YHWH is our judge, YHWH is our lawgiver, YHWH is our king….” (Isaiah 33:22)

2. YHWH, the English transliteration of the Tetragrammaton, is most often pronounced Yahweh. It is the principal Hebrew name of the God of the Bible and was inspired to appear nearly 7,000 times in the Old Testament. It was unlawfully deleted by the English translators. In obedience to the Third Commandment and the many Scriptures that charge us to proclaim, swear by, praise, extol, call upon, bless, glorify, and hold fast to His name, we have chosen to memorialize His name here in this document and in our lives. For a more thorough explanation concerning important reasons for using the sacred name of God, see “The Third Commandment.”

3. “The law of YHWH is perfect…. The statutes of YHWH are right … the commandment of YHWH is pure … the judgments of YHWH are true and righteous altogether.” (Psalm 19:7-9)

4. “[You have] … changed my judgments into wickedness … for they have refused my judgments and my statutes, they have not walked in them. Therefore thus saith the Lord YHWH; Because ye … have not walked in my statutes, neither have kept my judgments … behold, I, even I, am against thee, and will execute judgments in the midst of thee in the sight of the nations.” (Ezekiel 5:6-8)

“Her princes within her are roaring lions; her judges are evening wolves … they have done violence to the law.” (Zephaniah 3:3-4)

5. “And YHWH … declared unto you his covenant, which he commanded you to perform, even ten commandments…. And YHWH commanded me at that time to teach you statutes and judgments, that ye might do them….” (Deuteronomy 4:12-14)

6. “…judgment shall return unto righteousness: and all the upright in heart shall follow it. Who will rise up for me against the evildoers? Or who will stand up for me against the workers of iniquity?” (Psalm 94:15-16)

“Let … a twoedged sword [be] in their hand; to execute vengeance upon the heathen, and punishments upon the people; to bind their kings with chains, and their nobles with fetters of iron; to execute upon them the judgment written: this honour have all his saints. Praise ye YH.” (Psalm 149:6-9)

“The evil bow before the good; and the wicked at the gates [where court was convened] of the righteous.” (Proverbs 14:19)

“For rulers are not a terror to good works, but to the evil…. For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.” (Romans 13:3-4)

“Dare any of you, having a matter against another, go to law before the unjust, and not before the saints? Do ye not know that the saints shall judge the world? Know ye not that we shall judge … things that pertain to this life?” (1 Corinthians 6:1-3)

“[W]e are ready to punish all disobedience, whenever your obedience is complete.” (2 Corinthians 10:6, NASB)

“But we know that the law is good, if a man use it lawfully; Knowing this, that the law is … made … for the lawless and disobedient, for the ungodly and for sinners, for unholy and profane, for murderers of fathers and murderers of mothers, for manslayers, for whoremongers, for them that defile themselves with mankind, for menstealers, for liars, for perjured persons, and if there be any other thing that is contrary to sound doctrine.” (1 Timothy 1:8-10)

See also Leviticus 26:14-16; Deuteronomy 7:11-12; Proverbs 28:5; and Habakkuk 1:4.

7. “Moreover thou shalt provide out of all the people able men, such as fear God, men of truth, hating covetousness; and place such over them, to be rulers of thousands, and rulers of hundreds, rulers of fifties, and rulers of tens: And let them judge the people at all seasons: and it shall be, that every great matter they shall bring unto thee, but every small matter they shall judge: so shall it be easier for thyself, and they shall bear the burden with thee.” (Exodus 18:21-22)

8. “Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them [given fully, NASB] to do evil.” (Ecclesiastes 8:11)

9. Thou shalt not follow a multitude to do evil; neither shalt thou speak in a cause to decline after many to wrest judgment.” (Exodus 23:2)

10. “Enter ye in at the strait gate: for wide is the gate, and broad is the way, that leadeth to destruction, and many there be which go in thereat.” (Matthew 7:13)

11. Exodus 18:20-22, 22:9; Deuteronomy 1:16, 16:18, 25:1; Ezra 7:25.

12. Exodus 18:19-21; Deuteronomy 1:13-17, 17:15-20; 2 Samuel 23:3; 2 Chronicles 19:5-8; Jeremiah 30:21; Romans 13:1-4; 1 Timothy 3:1-13; and Titus 1:5-9.

13. 1 Timothy 3:1; 1 Peter 5:1-3

14. “And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God’s….” (Deuteronomy 1:16-17)

“And he [King Jehoshaphat] set judges in the land throughout all the fenced cities of Judah, city by city, and said to the judges, Take heed what ye do: for ye judge not for man, but for YHWH, who is with you in the judgment…. And he charged them, saying, Thus shall ye do in the fear of YHWH, faithfully, and with a perfect heart.” (2 Chronicles 19:5-9)

15. “Neither shalt thou countenance a poor man in his cause…. Thou shalt not wrest the judgment of thy poor in his cause. Keep thee far from a false matter…. And thou shalt take no gift [bribe, NASB]: for the gift blindeth the wise, and perverteth the words of the righteous.” (Exodus 23:3-8)

“Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honour the person of the mighty: but in righteousness shalt thou judge thy neighbour.” (Leviticus 19:15)

“Ye shall have one law … both for him that is born among the children of Israel, and for the stranger that sojourneth among them.” (Numbers 15:29)

“Cursed be he that perverteth the judgment of the stranger, fatherless, and widow. And all the people shall say, Amen.” (Deuteronomy 27:19)

16. Exodus s18:21; Deuteronomy 1:13-15; Acts 6:3

17. “Thou shalt in any wise set him king over thee, whom YHWH thy God shall choose: one from among thy brethren shalt thou set king over thee: thou mayest not set a stranger over thee, which is not thy brother.” (Deuteronomy 17:15)

“And when Samuel had caused all the tribes of Israel to come near, the tribe of Benjamin was taken [by lot] … the family of Matri was taken, and Saul the son of Kish was taken…. And Samuel said to all the people, See ye him whom YHWH hath chosen….” (1 Samuel 10:20-24)

“The lot is cast into the lap; but the whole disposing thereof is of YHWH.” (Proverbs 16:33)

“The lot causeth contentions to cease, and parteth between the mighty.” (Proverbs 18:18)

“And they appointed [put forward, NASB] two, Joseph called Barsabas…. And they prayed, and said, Thou, Lord, which knowest the hearts of all men, shew whether of these two thou hast chosen…. And they gave forth their lots; and the lot fell upon Matthias; and he was numbered with the eleven apostles.” (Acts 1:23-26)

18. Exodus 18:21-22

19. 2 Chronicles 31:4; Luke 10:7; Romans 13:6-7; 1 Corinthians 9:11-14; 1 Timothy 5:17-18

20. 1 Samuel 14:26-45; 1 Chronicles 21:1-14; 1 Timothy 5:22

21. Deuteronomy 19:16-21

22. First Commandment violations: Exodus 22:20; 22:18; Leviticus 20:27; Deuteronomy 13:1-10; 17:2-5, 9-13; 18:20; 19:16-21; Luke 19:27; Romans 1:30-32; 1 Timothy 1:10

      Second Commandment violations: Exodus 22:20; Deuteronomy 13:1-10; Romans 1:30-23

     Third Commandment violations: Leviticus 24:10-16, 23; Deuteronomy 19:16-21; John 10:30-33; 1 Timothy 1:9-10

     Fourth Commandment violations: Exodus 31:14-15; 35:2; Numbers 15:32-36; Deuteronomy 19:16-21; 1 Timothy 1:10

     Fifth Commandment violations: Exodus 21:15, 17; Leviticus 20:9; Deuteronomy 19:16-21; 21:18-23; Matthew 15:4;  Romans 1:30-32; 1 Timothy 1:10

     Sixth Commandment violations: Genesis 9:5-6; Exodus 21:12, 14, 16, 22-25, 28-31; Leviticus 20:2; 24:17, 21; Numbers 35:16-21, 30-31, 33-34; Deuteronomy 19:11-13, 16-21; 24:7; Romans 1:29-32; 1 Timothy 1:10

     Seventh Commandment violations: Exodus 22:19; Leviticus 20:10, 11-12, 13, 15-16; 21:9; Deuteronomy 19:16-21; 22:13-21, 22-24, 25-27; John 8:3-5; Romans 1:26-32; 1 Timothy 1:10

23. Exodus 21:23-25; Leviticus 24:19-20; Deuteronomy 19:16-21; 25:11-12;

24. Exodus 22:1-15

25. “[H]e should make full restitution; if he have nothing, then he shall be sold for his theft.” (Exodus 22:3)

26. “[I]f the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number. Forty stripes he may give him, and not exceed: lest, if he should exceed, and beat him above these with many stripes, then thy brother should seem vile unto thee.” (Deuteronomy 25:2-3)

See also Proverbs 10:13, 19:29, and 26:3.

27. Proverbs 11:15; Proverbs17:18; Proverbs 27:1

28. Leviticus 5:15-16; Numbers 5:5-8

29. Exodus 22:1-15; Leviticus 6:2-5

30. “[S]urely your blood of your lives will I require; at the hand of every beast will I require it, and at the hand of man … will I require the life of man. Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man.” (Genesis 9:5-6)

“[Y]e shall take no satisfaction [restitution] for the life of a murderer, which is guilty of death: but he shall be surely put to death…. So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.” (Numbers 35:31-33)

“[I]f a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die.” (Exodus 21:14)

31. Exodus 21:28-30

32. Leviticus 20:2, 7; 24:16; Numbers 15:32-34; Deuteronomy 13:6-10; 17:2-5; 21:20-21; 22:20-21, 23-24.

33. “And thou shalt stone him [a promoter of false gods] with stones…. And all Israel shall hear, and fear, and shall do no more any such wickedness as this is among you.” (Deuteronomy 13:10-11)

See also Deuteronomy 17:12-13, 19:18-21, 21:20-21; Proverbs 21:11, 21:15; and 1 Timothy 5:20.

34. Deuteronomy 19:11-12

35. Deuteronomy 17:5-7

36. Leviticus 24:13-16; Deuteronomy 13:9, 17:6-7

37. “[H]e shall surely be stoned, or shot through; whether it be beast or man, it shall not live….” (Exodus 19:13)

38. “And thou shalt come unto … the judge that shall be in those days, and inquire; and they shall shew thee the sentence of judgment: And thou shalt … observe to do according to all that they inform thee: …thou shalt not decline from the sentence which they shall shew thee, to the right hand, nor to the left. And the man that will do presumptuously, and will not hearken unto … the judge, even that man shall die: and thou shalt put away the evil from Israel. And all the people shall hear, and fear, and do no more presumptuously.” (Deuteronomy 17:9-13)

39. Deuteronomy 19:16-18

40. Exodus 22:11; 1 Kings 8:31-32; Nehemiah 10:29; Hebrews 6:16

41. Leviticus 5:1, 5; Deuteronomy 13:6-10; Acts 5:1-11

42. Deuteronomy 19:15

43. Deuteronomy 17:5-7

44. Deuteronomy 19:16-21

45. “Judges and officers shalt thou make thee in all thy gates [to the main entrance to every city and town] … and they shall judge the people with just judgment.” (Deuteronomy 16:18)

46. “Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die.” (Deuteronomy 17:2-5)

47. Leviticus 24:13-16; Deuteronomy 13:9; 17:6-7

48. Joshua 7:24-26

49. “And if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.” (Exodus 21:23-25)

“Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you. And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you. And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.” (Deuteronomy 19:19-21)

50. “And if men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed; if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed.” (Exodus 21:18, NASB)

51. Exodus 21:28-32, 33-34; Deuteronomy 22:8

 

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