Home
/
RELIGION & LIBERTY
/
From Judges to Justices: Keeping Executive Power in Check Is an Ancient Problem
From Judges to Justices: Keeping Executive Power in Check Is an Ancient Problem
Nov 12, 2024 8:25 PM

  In the Bible, ancient Israel wrestled with how to restrain corrupt rulers. A modern-day version of that political question went before the US Supreme Court, which ruled Monday on when a president can be prosecuted for criminal behavior.

  The case revolved around former president Donald Trumps attempts to interfere with the 2020 election results. Ultimately, the Court decided that presidents have absolute immunity for official acts related to core constitutional duties while in office and presumptive immunity for official acts that dont fall under core powers, but cannot be granted immunity for private acts.

  Some evangelicals have expressed disappointment in Trumps actions and support for the resulting criminal charges, saying they are eager to hold their executives to higher ethical standards, especially if they claim Christ. Trump supporters, though, have seen the efforts to prosecute him as unjust and politically motivated.

  While Trump and his backers viewed the Court as siding with the former president, reactions were mixed among his opponents. Some were concerned about putting leaders above the law, while others saw the lack of immunity for unofficial acts as a significant check on executive power.

  Daniel Darling, who is director of the Southwestern Baptist Theological Seminarys Land Center for Cultural Engagement and has been critical of Trump, said reactions to the decision were perhaps overblown.

  Despite the screaming, the Court has strengthened democracy, he wrote on X. Trump has to prove his election-meddling was part of official acts. The government has to prove they werent. The court seems to lean in the direction that they werent.

  Some evangelical critics of Trump have relied on biblical appeals that Trumps actions undermined the rule of law, making him unable to govern. Foremost among them is David French, a New York Times columnist, who wrote in response to the decision that the court might say that presidents arent above the law, but in reality, it established an extraordinarily broad zone of absolute immunity for presidents.

  He added that this immunity, combined with the presidents ability to deploy troops, even on American soil under the Insurrection Act, would have dangerous potential implications.

  The historic ruling in Donald J. Trump v. United States returned the case back to the trial court for more analysis on which of Trumps actions were official before making a judgment about moving forward with a trial.

  While the case on the surface deals with weighty legal matters of contemporary politics, one legal expert said the questions around the rule of law at the heart of the case are the same controversies that biblical figures wrestled with in the Old Testament.

  Much of the Old Testament are stories of kings abusing their power, Robert Cochran, professor emeritus at Pepperdines Caruso School of Law and coeditor of a 2013 InterVarsity Press book, Law and the Bible, told CT.

  He pointed to the story of King Ahab, who coveted a vineyard owned by a man named Naboth. Naboth refused to sell. So Queen Jezebel had him killed, and Ahab took the vineyard.

  Prior to Israel installing a king, the nation suffered from the opposite problem of general lawlessness. The Book of Judges explored the need for someone to be in charge, due to chaos caused by human sin, and the concern that human-held power is liable to corruption.

  Cochran pointed to the last five chapters of Judges, where people unrestrained by the rule of law committed rapes, mass murders, kidnappings, and forced marriages (Judges 1721).

  At the end of each story appears the refrain In those days Israel had no king; all the people did whatever seemed right in their own eyes, Cochran said, citing Judges 21:25 (NLT). The implication is clear: Israel needs a strong executive to enforce the law.

  But establishing a king did not fix ancient Israels problems either.

  Donald Trumps case puts this same tension on display, Cochran said. Both sides are arguing that the other side will abuse power if not restrained. . We need a rule that will enable presidents to govern effectively, but one under which they will not abuse their power.

  Special counsel Jack Smith, who secured an indictment from a grand jury on four felony charges against Trump in the case, has made the argument throughout the proceedings that blanket immunity would make presidents unanswerable to the rule of law.

  Smith accused Trump of conspiring to subvert the will of millions of American citizens and attempting to violate the peaceful transfer of power through election interference.

  Meanwhile, Trumps legal team argued that unless presidents have far-reaching immunity, they are vulnerable to prosecutions by politically motivated bad actors once they leave office.

  The decision means the lower court will determine whether Trumps actions that are at the heart of the trial were official or unofficial and whether Smith can move forward in prosecuting Trump for the latter. It likely means some allegations Smith had made against Trump, which involved communications between Trump and Justice Department officials, wont be grounds for prosecution.

  The Supreme Court majority said the decision was not a power grab for the executive branch: The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law.

  The minority saw things differently. The President is now a king above the law, Justice Sonia Sotomayor wrote in a strongly worded dissent.

  Trump celebrated the outcome on his social media network, Truth Social, writing in all capital letters: BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!

  His supporters also applauded the ruling.

  Today the Supreme Court decided on what a majority of Americans already knewthat the DOJ was weaponized against Trump, Sen. James Lankford, an Oklahoma Republican and former Southern Baptist pastor, wrote on social media. No candidate or party should be attacked by their political opponents.

  Critics remained skeptical. Napp Nazworth, director of the American Values Coalition and former politics editor for The Christian Postsaid the decision couldve been worse. But he questioned the ruling overall.

  Is a coup attempt an official act? This seems to be an open question for a majority of the court, he wrote on Threads. A Never Trumper, Nazworth has long held that Trump would have a corrosive impact on the public witness of the church.

  The decision today makes it extremely unlikely that Trump will face a trial before voters head to the polls in November.

  Legal scholars predicted that, should Trump win the presidency a second time, its unlikely the case will proceed further.

  If Trump were to be reelected and this case is still out there, it is highly likely that he would take one of several paths to getting the Justice Department to dismiss the case, George Mason University law professor Ilya Somin told CT. He also noted a standing Justice Department policy against prosecuting sitting presidents. In addition, theres the open question of whether Trump would pardon himself.

  Theres other ways that you could do it, Somin added. But I think the bottom line is that he would find some way to put an end to the case.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY
Up from the Liberal Founding
During the 20th century, scholars of the American founding generally believed that it was liberal. Specifically, they saw the founding as rooted in the political thought of 17th-century English philosopher John Locke. In addition, they saw Locke as a primarily secular thinker, one who sought to isolate the role of religion from political considerations except when necessary to prop up the various assumptions he made for natural rights. These included a divine creator responsible for a rational world for...
Lord Jonathan Sacks: The West’s Rabbi
In October 1798, the president of the United States wrote to officers of the Massachusetts militia, acknowledging a limitation of federal rule. “We have no government,” John Adams wrote, “armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, and revenge or gallantry, would break the strongest cords of our Constitution as a whale goes through a net.” The nation that Adams had helped to found would require the parts of the body...
Conversation Starters with … Anne Bradley
Anne Bradley is an Acton affiliate scholar, the vice president of academic affairs at The Fund for American Studies, and professor of economics at The Institute of World Politics. There’s much talk about mon good capitalism” these days, especially from the New Right. Is this long overdue, that a hyper-individualism be beaten back, or is it merely cover for increasing state control of the economy? Let me begin by saying that I hate “capitalism with adjectives” in general. This...
Adam Smith and the Poor
Adam Smith did not seem to think that riches were requisite to happiness: “the beggar, who suns himself by the side of the highway, possesses that security which kings are fighting for” (The Theory of Moral Sentiments). But he did not mend beggary. The beggar here is not any beggar, but Diogenes the Cynic, who asked of Alexander the Great only to step back so as not to cast a shadow upon Diogenes as he reclined alongside the highway....
Mistaken About Poverty
Perhaps it is because America is the land of liberty and opportunity that debates about poverty are especially intense in the United States. Americans and would-be Americans have long been told that if they work hard enough and persevere they can achieve their dreams. For many people, the mere existence of poverty—absolute or relative—raises doubts about that promise and the American experiment more generally. Is it true that America suffers more poverty than any other advanced democracy in the...
Jesus and Class Warfare
Plenty of Marxists have turned to the New Testament and the origins of Christianity. Memorable examples include the works of F.D. Maurice and Zhu Weizhi’s Jesus the Proletarian. After criticizing how so many translations of the New Testament soften Jesus’ teachings regarding material possessions, greed, and wealth, Orthodox theologian David Bentley Hart has gone so far to ask, “Are Christians supposed to be Communists?” In the Huffington Post, Dan Arel has even claimed that “Jesus was clearly a Marxist,...
Creating an Economy of Inclusion
The poor have been the main subject of concern in the whole tradition of Catholic Social Teaching. The Catholic Church talks often about a “preferential option for the poor.” In recent years, many of the Church’s social teaching documents have been particularly focused on the needs of the poorest people in the world’s poorest countries. The first major analysis of this topic could be said to have been in the papal encyclical Populorum Progressio, published in 1967 by Pope...
Spurgeon and the Poverty-Fighting Church
Religion & Liberty: Volume 33, Number 4 Spurgeon and the Poverty-Fighting Church by Christopher Parr • October 30, 2023 Portrait of Charles Spurgeon by Alexander Melville (1885) Charles Spurgeon was a young, zealous 15-year-old boy when he came to faith in Christ. A letter to his mother at the time captures the enthusiasm of his newfound Christian faith: “Oh, how I wish that I could do something for Christ.” God granted that wish, as Spurgeon would e “the prince of...
How Dispensationalism Got Left Behind
Whether we like it or not, Americans, in one way or another, have all been indelibly shaped by dispensationalism. Such is the subtext of Daniel Hummel’s provocative telling of the rise and fall of dispensationalism in America. In a little less than 350 pages, Hummel traces how a relatively insignificant Irishman from the Plymouth Brethren, John Nelson Darby, prompted the proliferation of dispensational theology, especially its eschatology, or theology of the end times, among our ecclesiastical, cultural, and political...
C.S. Lewis and the Apocalypse of Gender
From very nearly the beginning, Christianity has wrestled with the question of the body. Heretics from gnostics to docetists devalued physical reality and the body, while orthodox Christianity insisted that the physical world offers us true signs pointing to God. This quarrel persists today, and one form it takes is the general confusion among Christians and non-Christians alike about gender. Is gender an abstracted idea? Is it reducible to biological characteristics? Is it a set of behaviors determined by...
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved