Constitution, Society, and Leadership Week 3 Unit 1 The Constitution in Historical Context:

1. Constitution, Society, and LeadershipWeek 3 Unit 1 The Constitution in Historical Context: Overview and Non-American Influences Christopher Dreisbach, Ph.D. Johns Hopkins University

2. Week 3 Overview-i • There were many historical precursors to and influences on the U. S. Constitution • And the Constitution has had a big influence on American and international history since its adoption • This week looks at some of the more noteworthy pre-constitutional and post-ratification influences.

3. Week 3 Overview-ii • Pre-constitutional influences • Unit 1: Non-American people and events • Unit 2: Social Contract Theory • Unit 3: Early American people and events • The Constitution’s post-ratification influences • Our focus will be on the national influences on • People • Events

4. Week 3 Overview-iv • Unit 4: From Ratification through the Civil War • Unit 5: From Reconstruction through WW II • Unit 6: From 1945 to the Present

5. Pre-Constitutional InfluencesNon-American: Overview • There are two major historical forces that precede and aim toward the Constitution • Secular • Religious • Look for these aspects as we examine • The Code of Hammurabi (Secular, with religious undertones) • The Israelites and the First Covenant (Religious) • Athenian Democracy (Secular) • The Roman Republic (Secular) • Christianity: The City of Man v. The City of God (Religious) • The Magna Carta (Secular)

6. The Code of Hammurabi-i • Around 1760 BC, Hammurabi, King of Babylonia took over most of Mesopotamia. • In time he issued a set of 282 laws, written in cuneiform on a stone stele, 7.3 feet high and 6.75 feet in circumference at the base. • Now in the Louvre The Code of Hammurabi

7. The Code of Hammurabi-ii • This was a novel and noteworthy attempt to establish a permanent law—etched in stone--rather than leaving legal matters up to the caprice of the ruler. • The foundation of the code was the lex talionis—law of retribution: “eye for an eye” • Hammurabi claimed to have received these laws from God • But he replaced priestly judges with civilian judges

8. The Code of Hammurabi-iii • In brief, the code included laws about • Offences and crimes such as witchcraft, robbery, and perjury: #1-25 • Land and houses: #26-65 • #66-99 are missing • Commercial law: #100-126 • Marriage:#127-161 • Inheritance: #162-177 • Women of religion: #178-184 • Adoption and wet-nursing: #185-194 • Assault and damage to persons or property • Agricultural work and offences: #241-267 • Rates of hire and wages #268-272 • Slaves:#278-282

9. Israelites and the First Covenant-i • Judeo-Christianity has had a profound influence on American thought and history. • Key to the Jewish influence is the Ancient Israelites’ commitment to • Law • Covenant • Jewish Law or Halakha (=“the way to go”) is said to • Come from God • Be transmitted through the prophets, especially Moses

10. Israelites and the First Covenant-ii The best known are the 10 Commandments • Exodus 20: 2-17 and Deuteronomy 5:6-21 The Jewish Bible, or Tanakh, lists 613 laws, commands, or mitzvot, according to Maimonides, an influential 12th Century Jewish philosopher.

11. Israelites and the First Covenant-iii • In Jewish history, according to the Tanakh, God made 6 sequential covenants with His people. These included covenants with • Adam (Gen. 1-3; c. 3950 BCE) • Based on good works • Made by God gratuitously • Broken when Adam and Eve “ate the apple.”

12. Israelites and the First Covenant-iv • Noah (Gen. 6-9; c. 2800 BCE) • Six basic features of this covenant • Initiated and dictated by God • Made with Noah and all successive generations • A universal covenant covering all humans and animals • Unconditional • God’s promise never again to destroy the world by flood. • The rainbow as sign

13. Israelites and the First Covenant-v • Abraham (Gen. 12; c. 2000 BCE) • Three basic promises • Land • A long line of descendants • Other blessings • A great reputation • Protection • Key to Abraham’s blessing is his unswerving obedience to God. • Unconditional and Eternal • Circumcision as sign

14. Israelites and the First Covenant-vi • Moses • Sinaitic (Ex. 19-24; c. 1450 BCE) • Ten Commandments • God makes the Covenant because of his love for the Israelites (Deut. 7:6-10) • The Book of the Covenant: Ex. 20:24-23:19 • The Law as sign • Palestinian (Deut. 29-30; c. 1400 BCE) • God’s clarification of the Sinaitic covenant • Stresses human responsibility over God’s promise

15. Israelites and the First Covenant-vii • David (2 Sam. 6-7; c. 1060 BCE) • God’s promise to give Israel its own place • All who sit on the throne of Jerusalem will be descendants of David • Jeremiah (Jer. 31; c. 600 BCE) • Israel will be restored for good. • God will write his word on everybody’s heart. • Note: From Gen. 1 to Jer. 31 more and more people become direct parties to the Covenant

16. Israelites and the First Covenant-viii • Comparing Hammurabi’s Code with The Israelites’ notions of law and covenant • Similarities • Common Semitic roots • Israelites were in Canaan and Babylon • Many similar or identical judgments concerning, e.g. • Sorcery • Law of deposit • Punishment of kidnapping • Injury to pregnant women • Regulation of shepherds

17. Israelites and the First Covenant-ix • Differences • Hammurabi’s society was more settled than Israel. • The Israelite Code of the Covenant is couched in history, unlike the Code of Hammurabi. • The Code of Hammurabi makes clear class distinctions; the Israelite code does not. • The Israelite code is much more theocratic than the Code of Hammurabi. • The Israelite code is based on a covenant with God; the Code of Hammurabi is not.

18. Athenian Democracy-i • Greek democracy flourished to varying degrees and with occasional breaks from 600-322 BCE. • Ancient Greek Democracy had 6 stages • Solon (600-561 BCE) elected leader in 594 • Divided Athens into four political groups • Created civilian assembly, allowing lowest class to serve on juries. • Tyranny of the Pisistratids (561-510): Benevolent despots

19. Athenian Democracy-ii • Moderate democracy of Cleisthenes (510-462) • Gives many more people citizenship • Gives all citizens the right to vote in the assembly • Divides Athens into ten tribes, each sending 50 people to the Council of the 500 • Radical democracy of Pericles (462-431) • Oligarchy (431-403) • Peloponnesian War • Two oligarchic attempts to destroy democracy: 411, 404 • Radical democracy (403-322): • 80 years of stability for Athens • Over 1500 democracies throughout Greece • Socrates (d. 399), Plato (d. 347), and Aristotle (d. 322) lived during this period • And had as much influence on western thought as anybody.

20. Athenian Democracy-iii • During this period, Athens had 7 constitutions. • The Constitution during Aristotle’s time • Allowed all citizens to participate in government • Required most magistrates and council members to be elected by lottery • Two comparisons worth making for our purposes • Hebraic Law v. Hellenistic (Greek) Law • Greek Democracy v. American Democracy

21. Athenian Democracy-iv • Hebraic Law v. Hellenistic Law • Similarities • Both develop in the eastern Mediterranean, so • Common cultural background • Common mindset • Both aim at “man’s perfection or salvation.” • Both societies determined by “a sovereignty of law.” • Graeco-Hebrew literature can be distinguished from the rest of Ancient Near East literature. • Phoenicians as “main carriers of Semitic culture to the West. • Similar sets of values, especially honor and shame. • Analogy between Athenian assembly and Deut 16:18-18:22 • Adult free males singled out • Responsible for electing judges • “Remarkable democratic tendency”

22. Athenian Democracy-v • Differences • Different means to achieving the same end • Hebraism: conduct and obedience • Hellenism: seeing things as they really are • Different notions of happiness • Hebraism: “He that keepeth the law, happy is he…” • Hellenism: “Happy is he who thinks aright.” • Different governing ideas • Hebraism: Strictness of conscience • Hellenism: Spontaneity of consciousness • Different moral focus • Hebraism: Diligently doing one’s duty • Hellenism: Knowing grounds of one’s duty • Different sources of growth • Hebraism: Semitic • Hellenism: Indo-European • Different “triumphs” • Hebraism: Christianity • Hellenism: The Renaissance • Note: Puritanism as a reaction of Hebraism against Hellenism.

23. Athenian Democracy-vi • Greek Democracy v. American Democracy • Scale: Athens had a much smaller population • Level of participation: direct v. representative • Eligibility: Greek citizens were free males and made up about 25% of Athens’ population • Different Court systems, e.g., in Athens’ Courts • Jury duty voluntary • No evidence allowed • No public prosecutor • No cross examination of witnesses • Defendant defended self with a speech before the jury.

24. Roman Republic-i • The Roman Republic lasted from approximately 510 BC to between 44BC and 29 BC with the rise in power of the Caesarian dictatorship and the Empire. • Note that The Republic started about the same time the Athenian Democracy of Cleisthenes started, • Which suggests a Zeitgeist of sorts at work

25. Roman Republic-ii • The Roman Constitution, like the British Constitution over a millennium later, was not a single document, but a loose set of laws, customs, and judicial decisions. • Although the 12Tables, a set of Roman laws written down c. 495 BCE, often stand as the centerpiece of the Roman Republic’s legal thought.

26. Roman Republic-iii • There were two major governing bodies • The Senate • The Legislative Assemblies • With a third group, the magistrates, playing a central roll across both bodies, as heads of various political constituencies • Akin to governors and mayors, for example

27. Roman Republic-iv • The Senate • Controlled the treasury and foreign affairs • Offered advice to the magistrates • Which magistrates usually treated as legal edicts • Consisted of unpaid members appointed by a type of magistrate—the Consuls and, later, the Censors • Could appoint a dictator during emergencies • Had a strict ethics code prohibiting senators from • Engaging in public commerce • Leaving Italy without Senate permission

28. Roman Republic-v • The Legislative Assemblies • Were elected by the people • Were the ultimate sovereigns of the Republic • Voted on legislative, executive, and judicial matters • Appointed the magistrates • Consisted of different assemblies populated according to ethnicity, military status, or wealth, for example.

29. Christianity-i • Greco-Roman and Hebraic influences converge in Christianity • The first Christians were Jews who believed that Jesus Christ was their Messiah or Savior • Jesus was executed c. 30 CE by the Romans • Whose empire included the Jewish Middle East • And according to Christianity • Jesus rose from the dead three days later • As an act of sacrifice for the sins of his followers

30. Christianity-ii • Originally Gentiles who wanted to convert to Christianity had to become Jewish first • But this requirement was soon waived. • One of the most influential early Christians was Paul, a Greek-speaking Jew, whose letters make up a major part of the New Testament.

31. Christianity-iii • For its first 3 centuries, Christianity had little political influence • But in 313 the Emperor Constantine, in the Edict of Milan, gave Christianity new authority, • After which Christianity quickly grew to be the major political and cultural force in Western culture and in many other parts of the world.

32. Christianity-iv • The Church was a fairly cohesive body until 1054 • When the Church split into an Eastern bloc and a Western bloc • The Western church was controlled by Roman Catholicism until the Protestant Reformation began in 1517 • First under Martin Luther • Then joined by John Calvin and other reformers

33. Christianity-v • A vast majority of the non-native founders of the United States of America were Protestants. • A common political model in Christianity distinguishes • The City of God, the eternal heaven that awaits believers • The City of Man, the condition of humans in this world—both believers and non-believers

34. Christianity-vi • Four influential Christians who accepted this model: • Augustine (d. 430) • The City of Man • Civil society=”an assemblage [of people] associated by a common acknowledgement of right and by a community of interest.” • Justice is the main virtue of civil society • 1. Justice is “the right ordering of all things according to reason” • 2. Justice is realized where body is ruled by soul, soul is ruled by reason, and reason is ruled by God. • City as the locus of justice • City as punishment for original sin • Civil society cannot cause virtue, but it can restrain vice. • Self-love as the driving dynamic in the City of Man • Temporal law • A bad law is no law at all. • Natural man as the denizen of the City of Man • The City of Man complements the City of God

35. Christianity-vii • Augustine (ctd) • The City of God • The city of spiritual man • Following Christ as the driving dynamic of the City of God • Eternal law • Sovereign in City of Man appointed by God • So Christians have a duty of civil obedience

36. Christianity-viii • Thomas Aquinas (d. 1274) • City of Man= “the truly self-sufficient human association, the only one capable of securing conditions of virtue and satisfying all of man’s earthly needs and aspirations.” • Directs people toward their temporal end or natural purpose • Justice as the epitome of social virtue • Monarchy as the best form of government • By nature, superior rules inferior • Stability requires the rule of law • City of God • Eternal Law • Directs people toward their supernatural end or purpose

37. Christianity-ix • Martin Luther (d. 1546) and John Calvin (d. 1564) • Agree about the City of God and the City of Man. • Relation of the two kingdoms • “Spiritual government leads to love of God” • “Temporal government leads us to serve our neighbors.” • State’s dual function • As “dyke against sin” • To protect the church • The sword belongs only to the City of Man. • Preferred type of government • Luther-Monarchy: human corruption is magnified in the collective, so no popular sovereignty • Calvin-Aristocracy: need for checks and balances

38. The Magna Carta-i • The Magna Carta, first written in 1215, is often said to be the primary forerunner of the Declaration of Independence and the U. S. Constitution • Originally it was drafted by British Barons, wealthy landowners and servants to the King, • Who were fed up with the King’s capricious • Taxing • Administration of justice

39. The Magna Carta-ii • The charter required the King • Tax fairly • Administer justice fairly • Respect private property • Respect other freedoms

40. The Magna Carta-iii • In a now famous ceremony, King John confirmed the Magna Carta at Runnymede field on June 15, 1215. • He soon claimed to have been coerced into the confirmation • Eventually the 1215 draft was annulled • But was restored in 1217 by John’s heir, King Henry III • And rewritten in 1225, the version most familiar to us

41. The Magna Carta-iv • Although the Charter’s purpose was to force the King to redress the Baron’s grievances • The use of the term “freemen” to refer to the Barons was broadened centuries later to cover the ordinary British citizen. • During the American Revolution supporters frequently invoked the Magna Carta to support their grievances against King George III

42. Constitution, Society, and LeadershipWeek 3 Unit 1 The Constitution in Historical Context: Overview and Non-American Influences Christopher Dreisbach, Ph.D. Johns Hopkins University