The Rabyd Theologian Looks at the Constitution -- Part 4 -- 'Establish Justice'

Justice -- there are a lot of definitions for this word, but the framers were looking at justice in a very idealistic light, as well they should. The idea that there should be rightness in all dealings where everyone would received what they deserve and were wrongs could be righted.

The problems the framers were facing is that a person could commit a murder in one state and hop over the border to another state and the law from the first state could not pursue them and the central power was too weak to do anything. The framers sought to change this by creating a national court with real power to administer justice even if a fugitive crossed state lines. The original supreme court was about this idea -- to administer the existing laws and not make law from the bench.

Justice is ultimately about rightness, and what the people wanted was a way so both victims of crimes could receive justice. It was also about where those accused would be tried fairly.

Justice is a very Biblical concept starting with the Law of Moses. In fact it is this basis that formed the original courts opinions about what justice was -- "eye for and eye, tooth fora tooth' when applied to justice and not vengeance (what Jesus was correcting in the Sermon on the Mount) as actually a great slogan. Justice then is about restoration. If a man lost an eye the one who made him lose that eye lost his own eye. The thief who stole had to return what he took plus double -- if he couldn't pay he had to work for the one he stole from unlit the debt was paid. The victims in a nation with justice receive back what they lost plus interest. Today, victims remain victimised even if the criminal in convicted because no restitution is ever made to the victim only the state. So much for actual justice. Maybe they should have been clearer about what they meant, but justice is in the heart of anyone who has been wronged.

As an example: A woman is raped. Her assailant is captured -- what would be justice too her? In restitution justice, like what is found in the Bible, what is taken from her is her virtue, her peace of mind and her feeling of safety. As long as the rapist walk on planet earth, this will be true. What is of equal value to these things? They are priceless in the eyes of the Law of God and so the only thing the rapist has of equal value is his own life, which is forfeited as restitution to the victim. Today the rapist is locked up and might get parole. I submit this is not justice becasue the victim remains victimized.

The framers sought to establish justice, but in reality it is only just living men that can do so. At least the Constitution offers a framework to work in, but it does not help us understand what justice really is. That is between God and us.

Next: Insure Domestic Tranquility