Tomorrow I Will Be On Up for Debate with Julie Roy – Should Christians Be Nationalists? (UPDATED)

At noon (ET) tomorrow, I will be on the Moody Radio Network program “Up for Debate with Julie Roy” to discuss the question, “Should Christians Be Nationalists?”
The guest taking a contrasting position will be Ken Klulowski who is the Legal Editor at Breitbart News and Senior Counsel & Director of Strategic Affairs at the First Liberty Institute.
I originally wanted to debate whether or not America is a Christian nation.
You can listen online here: https://www.moodyradio.org/upfordebate
As background, see these posts on the subject (here, here, and here)
UPDATE: (7/1/17)
The show went well I think in that both sides had the ability to make important points. I do want to correct or least amend a couple of Ken Klukowski’s claims.
On one occasion he said he didn’t recognize James Madison from my quote of Madison and then said Madision’s views could be discerned by his vote for chaplains in Congress. He also said most of the founders had seminary degrees.
One. my Madison quote is sound and two, Klukowski did not tell the rest of the story on Madison. Later, Madison forcefully disagreed with the funding of chaplains and said so here.
On the founders and seminary degrees, this is a distortion made famous by David Barton. See this piece about that misleading claim.
See also my daily series on the Constitutional Convention:

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here. In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)
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The 1787 Constitutional Convention – Compromise Debated, Madison Raises Issue of Slavery

June 30, 1787 (Click to read Madison’s notes)

Summary

The Connecticut compromise was debated and Madison proposed that the real division of states was between slave and free, not large and small.

Influences on the Delegates

After dispensing with a motion to make a special request for New Hampshire to send delegates, the Convention got back to the dispute over representation in the legislature. Pennsylvania delegate James Wilson opined that the majority would be overrun by the minority under the Connecticut plan. Connecticut’s Oliver Ellsworth argued that Wilson was wrong, very directly invoking the positive model of Britain.

Mr. ELLSWORTH. The capital objection of Mr. WILSON, “that the minority will rule the majority,” is not true. The power is given to the few to save them from being destroyed by the many. If an equality of votes had been given to them in both branches, the objection might have had weight. Is it a novel thing that the few should have a check on the many? Is it not the case in the British Constitution, the wisdom of which so many gentlemen have united in applauding? Have not the House of Lords, who form so small a proportion of the nation, a negative on the laws, as a necessary defence of their peculiar rights against the encroachments of the Commons? No instance of a confederacy has existed in which an equality of voices has not been exercised by the members of it. We are running from one extreme to another. We are razing the foundations of the building, when we need only repair the roof. No salutary measure has been lost for want of a majority of the States to favor it. If security be all that the great States wish for, the first branch secures them.

The delegates did not search for or appeal to a Bible verse or tenet of theology. Rather over and over again, they either lauded Britain or some former republic or criticized the same on behalf of their viewpoint.
Madison rebutted Ellsworth by appealing to European and ancient governments.

Mr. MADISON did justice to the able and close reasoning of Mr. ELLSWORTH, but must observe that it did not always accord with itself. On another occasion, the large States were described by him as the aristocratic States, ready to oppress the small. Now the small are the House of Lords, requiring a negative to defend them against the more numerous Commons. Mr. ELLSWORTH had also erred in saying that no instance had existed in which confederated states had not retained to themselves a perfect equality of suffrage. Passing over the German system, in which the King of Prussia has nine voices, he reminded Mr. ELLSWORTH of the Lycian confederacy, in which the component members had votes proportioned to their importance, and which Montesquieu recommends as the fittest model for that form of government. Had the fact been as stated by Mr. ELLSWORTH, it would have been of little avail to him, or rather would have strengthened the arguments against him; the history and fate of the several confederacies, modern as well as ancient, demonstrating some radical vice in their structure.

Madison then introduced a prophetic but absurd (in my view) idea.

These two causes concurred in forming the great division of interests in the United States. It did not lie between the large and small States. It lay between the Northern and Southern; and if any defensive power were necessary, it ought to be mutually given to these two interests. He was so strongly impressed with this important truth, that he had been casting about in his mind for some expedient that would answer the purpose. The one which had occurred was, that, instead of proportioning the votes of the States in both branches, to their respective numbers of inhabitants, computing the slaves in the ratio of five to three, they should be represented in one branch according to the number of free inhabitants only; and in the other, according to the whole number, counting the slaves as free. By this arrangement the Southern scale would have the advantage in one House, and the Northern in the other. He had been restrained from proposing this expedient by two considerations; one was his unwillingness to urge any diversity of interests on an occasion where it is but too apt to arise of itself; the other was the inequality of powers that must be vested in the two branches, and which would destroy the equilibrium of interests.

Madison’s thoughts did not catch on. The delegates went back to debating the matter of representation without another mention of slavery.
Britain came up again as a positive model, this time raised by Deleware’s Gunning Bedford.

Can it be expected that the small States will act from pure disinterestedness. Look at Great Britain. Is the representation there less unequal? But we shall be told again, that that is the rotten part of the Constitution. Have not the boroughs, however, held fast their constitutional rights? And are we to act with greater purity than the rest of mankind? An exact proportion in the representation is not preserved in any one of the States.

Bedford also invokes the example of Athenian politician Solon:

We must, like Solon, make such a government as the people will approve. Will the smaller States ever agree to the proposed degradation of them? It is not true that the people will not agree to enlarge the powers of the present Congress. The language of the people has been, that Congress ought to have the power of collecting an impost, and of coercing the States where it may be necessary.

Angus King of Massachusetts used Britain and Scotland as an example of how states might interact in a union.

As the fundamental rights of individuals are secured by express provisions in the State Constitutions, why may not a like security be provided for the rights of States in the National Constitution? The Articles of Union between England and Scotland furnish an example of such a provision, in favor of sundry rights of Scotland. When that union was in agitation, the same language of apprehension which has been heard from the smaller States, was in the mouths of the Scotch patriots. The articles, however, have not been violated, and the Scotch have found an increase of prosperity and happiness.

On the key division of the day — representation in the legislature — the delegates did not look for guidance from Christian theology or the Bible. Even after Ben Franklin appealed to the delegates to get Heaven involved, the delegates continued to rely on their reason and powers of persuasion. They used Britain, Rome, Athens, and Europe as models, both positive and negative. Contrary to the claims of David Barton and other Christian nationalists, the delegates did not seek a Constitution founded on biblical principles. They sought a plan which was reasonable and fair and would address the flaws in former governments without losing the benefits of republican government.
 

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)
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Federal Tax Forms Show Why the Sekulow Family Business Should Be Investigated (UPDATED)

The UK Guardian reported yesterday that two state AG’s (NY and NC) will look into the finances of Trump lawyer Jay Sekulow and his fundraising charities. Examining the federal tax forms from Christian Advocates Serving Evangelism (2015 990), I can see why. Remember CASE is the nonprofit which serves as the fundraising organization for Sekulow’s American Center for Law and Justice, supposedly a religious liberty law firm.
According to the IRS, family relationship on the board of a nonprofit raise a red flag:

Irrespective of size, a governing board should include independent members and should not be dominated by employees or others who are not, by their very nature, independent individuals because of family or business relationships. The Internal Revenue Service reviews the board composition of charities to determine whether the board represents a broad public interest, and to identify the potential for insider transactions that could result in misuse of charitable assets.

It seems obvious that a nonprofit should not be organized like a closely held family company. Now look at the board of Sekulow’s CASE:
CASE 990 Board
Perhaps the name of the organization should be changed to Christian Advocates Serving Sekulows.
The only person on the board who is not named Sekulow is Colby May. However, he cannot be considered an independent board member because his income is dependent on grant money received from CASE/ACLJ.  May runs the ACLJ’s DC affiliate which is completely funded by CASE/ACLJ. A review of ACLJ-DC’s 990 form shows May as the Director.
ACLJ DC May
ACLJ-DC’s income was reported on the 2015 990 as $853,796.
ACLJ-DC 990 income
As can be seen on ACLJ’s 2015 990, a grant of the exact same amount was given to ACLJ-DC.
ACLJ to ACLJ DC
 
I suspect CASE might have to provide more information to the AGs about how executive compensation was decided since none of the board members can be considered independent. Again, the IRS guidelines specify independence in setting compensation.

The Internal Revenue Service encourages a charity to rely on the rebuttable presumption test of section 4958 of the Internal Revenue Code and Treasury Regulation section 53.4958-6 when determining compensation of its executives. Under this test, compensation payments are presumed to be reasonable if the compensation arrangement is approved in advance by an authorized body composed entirely of individuals who do not have a conflict of interest with respect to the arrangement, the authorized body obtained and relied upon appropriate data as to comparability prior to making its determination, and the authorized body adequately documented the basis for its determination concurrently with making the determination.

The CASE/ACLJ 990 form indicates the Sekulows and CASE/ACLJ engaged in four sizable mutual transactions as well as a major one involving a company half-owned by Jay Sekulow. See below:
CASE CLAG
Given the fact that none of the board members can be considered independent, how could this board prevent conflicts of interest as defined by the IRS?

B. Conflicts of interest. The directors of a charity owe it a duty of loyalty. The duty of loyalty requires a director to act in the interest of the charity rather than in the personal interest of the director or some other person or organization. In particular, the duty of loyalty requires a director to avoid conflicts of interest that are detrimental to the charity. Many charities have adopted a written conflict of interest policy to address potential conflicts of interest involving their directors, trustees, officers, and other employees. The Internal Revenue Service encourages a charity’s board of directors to adopt and regularly evaluate a written conflict of interest policy that requires directors and staff to act solely in the interests of the charity without regard for personal interests; includes written procedures for determining whether a relationship, financial interest, or business affiliation results in a conflict of interest; and prescribes a course of action in the event a conflict of interest is identified.

According to the 990, a third party expert reviewed the 5-million payment to Sekulow’s law firm and said it was all fine. I hope the AGs get to interview that third party. In the spirit of transparency, I call on Sekulow and company to disclose the identity of the expert and the basis on which the transaction is reasonable.
I hope the attention Sekulow is now getting will shine a light on the disgusting fund raising practices too many Christian charities use. Many such charities flaunt the very values and beliefs they claim to be upholding.

The 1787 Constitutional Convention – The Connecticut Compromise Takes the Stage

photo-1474663898126-6f6f19a48b1d_optJune 29, 1787 (click to read Madison’s notes)

Summary

On this day in Convention, the delegates decided on proportional representation in the House of Representatives and postponed a vote on representation in the Senate. Connecticut delegate Oliver Ellsworth introduced the Connecticut Compromise for consideration.

Influences on the Delegates

The delegates picked up on June 29 as if Franklin had never made his call to prayer.  They resumed the debate over representation in the legislature straightaway. The first words of Madison’s notes reflect the divisions over the power of states and how they should be represented in the national legislature.

In Convention. —  Doctor JOHNSON. The controversy must be endless whilst gentlemen differ in the grounds of their arguments; those on one side considering the States as districts of people composing one political society: those on the other, considering them as so many political societies. The fact is, that the States do exist as political societies, and a government is to be formed for them in their political capacity, as well as for the individuals composing them.

However Connecticut’s William Johnson laid some groundwork for a compromise.

On the whole he [Johnson] thought, that, as in some respects the States are to be considered in their political capacity, and in others as districts of individual citizens, the two ideas embraced on different sides, instead of being opposed to each other, ought to be combined; that in one branch the people ought to be represented, in the other the States.

Madison used Britain as a point of comparison. The new government would be better for the states than the British arrangement.

According to the views of every member, the General Government will have powers far beyond those exercised by the British Parliament when the States were part of the British Empire. It will, in particular, have the power, without the consent of the State Legislatures, to levy money directly from the people themselves; and therefore, not to divest such unequal portions of the people as composed the several States of an equal voice, would subject the system to the reproaches and evils which have resulted from the vicious representation in Great Britain.

Madison then pointed the delegates to the European experience.

His [Madison’s] great fear was, that their Governments would then have too much energy; that this might not only be formidable in the large to the small States, but fatal to the internal liberty of all. The same causes which have rendered the old world the theatre of incessant wars, and have banished liberty from the face of it, would soon produce the same effects here. The weakness and jealousy of the small States would quickly introduce some regular military force, against sudden danger from their powerful neighbours. The example would be followed by others, and would soon become universal. In time of actual war, great discretionary powers are constantly given to the Executive magistrate. Constant apprehension of war has the same tendency to render the head too large for the body. A standing military force, with an overgrown Executive, will not long be safe companions to liberty.

And then, adding to what had become a familiar formula, Madison referred to the results of flaws in the system of Rome.

The means of defence against foreign danger have been always the instruments of tyranny at home. Among the Romans it was a standing maxim, to excite a war whenever a revolt was apprehended.

He closed by suggesting there was something for the delegates to learn from Britain and Europe.

Throughout all Europe, the armies kept up under the pretext of defending, have enslaved, the people. It is, perhaps, questionable, whether the best-concerted system of absolute power in Europe, could maintain itself, in a situation where no alarms of external danger could tame the people to the domestic yoke. The insular situation of Great Britain was the principal cause of her being an exception to the general fate of Europe. It has rendered less defence necessary, and admitted a kind of defence which could not be used for the purpose of oppression. These consequences, he conceived, ought to be apprehended, whether the States should run into a total separation from each other, or should enter into partial confederacies. Either event would be truly deplorable; and those who might be accessary to either, could never be forgiven by their country, nor by themselves.

Although vague, Hamilton’s reference to miracles bears notice.

We should run every risk in trusting to future amendments. As yet we retain the habits of union. We are weak, and sensible of our weakness. Henceforward, the motives will become feebler, and the difficulties greater. It is a miracle that we are now here, exercising our tranquil and free deliberations on the subject. It would be madness to trust to future miracles. A thousand causes must obstruct a re-production of them.

If he had made this statement at another time, I might not mention Hamilton’s skepticism. However, it seems noteworthy because his statement about “madness to trust to future miracles” came the day after Ben Franklin urged the delegates to seek heaven’s assistance. Willing to acknowledge that the Convention was an improbable event, he didn’t believe the delegates should expect any more such miracles.
Near the end of the session, Ellsworth of Connecticut offered a compromise. In this oration, he mentioned the example of Holland to support his point. I include the whole speech because it formed the basis for our present system.

 Mr. ELLSWORTH moved, “that the rule of suffrage in the second branch be the same with that established by the Articles of Confederation.” He was not sorry, on the whole, he said, that the vote just passed had determined against this rule in the first branch. He hoped it would become a ground of compromise with regard to the second branch. We were partly national, partly federal. The proportional representation in the first branch was conformable to the national principle, and would secure the large States against the small. An equality of voices was conformable to the federal principle, and was necessary to secure the small States against the large. He trusted that on this middle ground a compromise would take place. He did not see that it could on any other, and if no compromise should take place, our meeting would not only be in vain, but worse than in vain. To the eastward, he was sure Massachusetts was the only State that would listen to a proposition for excluding the States, as equal political societies, from an equal voice in both branches. The others would risk every consequence rather than part with so dear a right. An attempt to deprive them of it was at once cutting the body of America in two, and, as he supposed would be the case, somewhere about this part of it. The large States he conceived would, notwithstanding the equality of votes, have an influence that would maintain their superiority. Holland, as had been admitted (by Mr. MADISON), had, notwithstanding a like equality in the Dutch confederacy, a prevailing influence in the public measures. The power of self-defence was essential to the small States. Nature had given it to the smallest insect of the creation. He could never admit that there was no danger of combinations among the large States. They will like individuals find out and avail themselves of the advantage to be gained by it. It was true the danger would be greater if they were contiguous, and had a more immediate and common interest. A defensive combination of the small States was rendered more difficult by their greater number. He would mention another consideration of great weight. The existing Confederation was founded on the equality of the States in the article of suffrage, — was it meant to pay no regard to this antecedent plighted faith. Let a strong Executive, a Judiciary, and Legislative power, be created, but let not too much be attempted, by which all may be lost. He was not in general a half-way man, yet he preferred doing half the good we could, rather than do nothing at all. The other half may be added when the necessity shall be more fully experienced.

 

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)
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The 1787 Constitutional Convention – Ben Franklin's Call to Prayer

photo-1467912407355-245f30185020_optJune 28, 1787 (click to read Madison’s notes on the day)

Summary

For students of religion at the Constitutional Convention, today is one of the most eventful days of the summer. Two hundred and thirty years ago today, in the midst of strong and passionate debate about the way states would be represented in the new government, Ben Franklin rose to call the Convention to prayer. After brief discussion, the delegates adjourned without a vote on Franklin’s call and a companion motion by Edmund Randolph calling for a Fourth of July sermon followed by daily prayers. As Madison recorded the next day, the Convention did not return to either motion. Prayers were not conducted at the Convention. Franklin later wrote, “The convention, except three or four persons, thought prayer unnecessary.”

Franklin’s Call for the Assistance of Heaven

Franklin’s statement confirms that the delegates did not seek assistance from the Bible or religion to form the Constitution (the entire speech is reproduced at the end of the post). He began:

Doctor FRANKLIN. Mr. President, The small progress we have made after four or five weeks close attendance and continual reasonings with each other — our different sentiments on almost every question, several of the last producing as many noes as ayes — is, methinks, a melancholy proof of the imperfection of the human understanding. We indeed seem to feel our own want of political wisdom, since we have been running about in search of it. We have gone back to ancient history for models of government, and examined the different forms of those republics which, having been formed with the seeds of their own dissolution, now no longer exist. And we have viewed modern states all round Europe, but find none of their constitutions suitable to our circumstances. (emphasis added)

As I have documented, the models, both positive and negative, came from Britain, Europe, Greece and Rome, rather than Israel and Christian theology. Franklin then suggested that the delegates call on God.

In this situation of this Assembly, groping as it were in the dark to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights, to illuminate our understandings?

Franklin then made a case for the following motion which was seconded by Roger Sherman.

I therefore beg leave to move — that henceforth prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this Assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service.

Delegates Declined to Pray for Heaven’s Assistance

Madison recorded the reaction of the delegates:

Mr. SHERMAN seconded the motion.
Mr. HAMILTON and several others expressed their apprehensions, that, however proper such a resolution might have been at the beginning of the Convention, it might at this late day, in the first place, bring on it some disagreeable animadversions; and in the second, lead the public to believe that the embarrassments and dissensions within the Convention had suggested this measure. It was answered, by Doctor FRANKLIN, Mr. SHERMAN, and others, that the past omission of a duty could not justify a further omission; that the rejection of such a proposition would expose the Convention to more unpleasant animadversions than the adoption of it; and that the alarm out of doors that might be excited for the state of things within would at least be as likely to do good as ill.
Mr. WILLIAMSON observed, that the true cause of the omission could not be mistaken. The Convention had no funds.
Mr. RANDOLPH proposed, in order to give a favorable aspect to the measure, that a sermon be preached at the request of the Convention on the Fourth of July, the anniversary of Independence; and thenceforward prayers, &c. to be read in the Convention every morning. Doctor FRANKLIN seconded this motion. After several unsuccessful attempts for silently postponing this matter by adjourning, the adjournment was at length carried, without any vote on the motion.

As noted above, Franklin later wrote that the reason for the lack of interest in his motion was that the delegates, “except three or four persons, thought prayer unnecessary.”

Don’t Expect Interference of Heaven

As we shall see, the delegates continued their debates using “ancient history,” Britain, and the rest of Europe for their models and authorities. Rarely did anyone reference religion in the formation of the Constitution. In fact, just days later on July 2, delegate Gouverneur Morris, as if to answer Franklin’s motion for assistance from heaven, said to the Convention:

Reason tells us we are but men; and we are not to expect any particular interference of Heaven in our favor.

I have written in more detail about Franklin’s call to prayer in the past (here, here, and here). Eric Metaxas made the call to prayer a main focus of his recent book If You Can Keep It (see my review of that book here). Metaxas uses the story to imply that the call somehow set the Convention on the path toward solution and compromise. However, a daily reading of Madison’s notes paints a different picture. Instead of supporting the Christian nationalist notion of a Christian republic, I think the reaction to Franklin’s call to prayer undermines the claim that the delegates sought to create a Constitution based on biblical principles.

1787 Constitutional Convention Series

To read my series examining the proceedings of the Constitution Convention, click here.  In this series, I am writing about any obvious influences on the development of the Constitution which were mentioned by the delegates to the Convention. Specifically, I am testing David Barton’s claim that “every clause” of the Constitution is based on biblical principles. Thus far, I have found nothing supporting the claim. However, stay tuned, the series will run until mid-September.
Constitutional Convention Series (click the link)

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Franklin’s entire speech:

Doctor FRANKLIN. Mr. President, The small progress we have made after four or five weeks close attendance and continual reasonings with each other — our different sentiments on almost every question, several of the last producing as many noes as ayes — is, methinks, a melancholy proof of the imperfection of the human understanding. We indeed seem to feel our own want of political wisdom, since we have been running about in search of it. We have gone back to ancient history for models of government, and examined the different forms of those republics which, having been formed with the seeds of their own dissolution, now no longer exist. And we have viewed modern states all round Europe, but find none of their constitutions suitable to our circumstances.
In this situation of this Assembly, groping as it were in the dark to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights, to illuminate our understandings? In the beginning of the contest with Great Britain, when we were sensible of danger, we had daily prayer in this room for the divine protection. Our prayers, sir, were heard, and they were graciously answered. All of us who were engaged in the struggle must have observed frequent instances of a superintending Providence in our favor. To that kind Providence we owe this happy opportunity of consulting in peace on the means of establishing our future national felicity. And have we now forgotten that powerful friend? Or do we imagine that we no longer need his assistance? I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see of this truth — that God governs in the affairs of men. And if a sparrow cannot fall to the ground without his notice, is it probable that an empire can rise without his aid? We have been assured, Sir, in the sacred writings, that “except the Lord build the house they labor in vain that build it.” I firmly believe this; and I also believe that without his concurring aid we shall succeed in this political building no better than the builders of Babel. We shall be divided by our little partial local interests; our projects will be confounded; and we ourselves shall become a reproach and by-word down to future ages. And what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing governments by human wisdom, and leave it to chance, war, and conquest.
I therefore beg leave to move — that henceforth prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this Assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service.