Montesquieu NOT Moses
Where the Founders actually went for inspiration for our Government
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“The 10 commandments belong on the walls of every classroom; the Founding Father’s placed the foundations of our Constitution and government on Mosaic Law!”
Well actually….
Friends, this is going to have to be a multi-parter because there is so much to unpack in that statement.
Not even close on this one! Where to even begin? Let’s start with a definition of Mosaic Law. Mosaic Law is defined as the laws given to Moses for the Israelites during their exodus from Egypt. It is defined broadly as the laws and guidelines as set forth by God via Moses and other prophets in the first five books of the Bible, which are also the books of the Torah. So, in addition to the Ten Commandments, you have everything from kosher dietary laws to laws against mixing fibers etc. And I promise, under even the closest reading the Constitution, there is no foundational legal elements denying you a cotton/linen blend or bacon wrapped scallops, if you so choose. In general, when I am observing these arguments about The Founders and Mosaic Law, those supporting this idea are referring to the Ten Commandments. So that is the frame I will be primarily working with, but even then, the Ten Commandments were not the starting point for our new government, not even close.
(I am posting the 10 commandments below for those who weren’t required to commit them to memory. I got ten bucks to memorize them in the 1980s from my very devout grandparents. Bible memorization as capitalism, for many it’s as American as apple pie….)
So they just, what, just made up a government on the spot?
Well Actually….
No, the Founders didn’t start “from scratch” a great deal of research and preparation took place prior to Constitutional Convention. Remember we were already functioning under the failing Articles of Confederation, so they had already considered options for government, and had time to give this some serious thought, research, and reflection on how to make one that works. What they didn’t do in preparation was consult religious leaders or the Bible. James Madison for example looked to dozens of philosophers and other democracies (both classical and contemporary) for ideas to help shape the new government. Enlightenment thinkers, like John Locke, and of course Baron de Montesquieu had a profound impact on creating our new government. They also looked at classical philosophers. Then there was careful consideration of other democracies. Greek and Roman Republics, of course, but they didn’t stop there. Ben Franklin was a huge fan of the Haudenosaunee Confederation* of central and upstate New York, and looked to them for ideas on balancing representation for a confederacy of states. You may know the Haudenosaunee as the Iroquois, which is not actually their name. The Haudenosaunee Confederacy, incidentally, are currently the longest, continuously running representational democracy in the world AND the inventors of lacrosse. The founders looked to many sources for ideas, inspiration, and trouble shooting when creating our government. Mosaic law was not one of them.
Stay Tuned for our next sub-topic….
If George Washington sat in a garage would that make him a car? (His pastor had some concerns!)
Sources and Further Reading:
Ketcham, Ralph. Framed for Posterity: The Enduring Philosophy of the Constitution. University Press of Kansas, 1993
https://www.britannica.com/topic/The-Founding-Fathers-Deism-and-Christianity-1272214
https://www.ncronline.org/blogs/distinctly-catholic/religion-founding-holmes-faiths-founding-fathers