INTERPOSITION:Understanding our Constitutional

Liberties

Biblical InterpositionBiblical Interposition

God is Sovereign, Holy and Perfect

Man is Finite,

Sinful and Depraved

THE ATONEMENT“For there is one God, and one mediator

between God and men, the man Christ Jesus” – 1st Timothy 2:5

“A being, placing or coming between; intervention...”

Black’s Law Dictionary Black’s Law Dictionary (1951-1967)(1951-1967)

The doctrine that a state, in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be unconstitutional or to exceed the powers delegated to the federal government.

The concept is based on the 10th Amendment of the Constitution of the United States reserving to the states powers not delegated to the United States…. Implementation of the doctrine may be peaceable, as by resolution, remonstrance or legislation, or may proceed ultimately to nullification with forcible resistance.

The Constitution does contemplate and provide for the contingency of adverse state interposition or legislation to annul or defeat the execution of national laws….

O.T. Examples of O.T. Examples of InterpositionInterposition

11stst Samuel 13:8-12 – Samuel (Prophet) Samuel 13:8-12 – Samuel (Prophet) and Saul (King) – church & state and Saul (King) – church & state interpositioninterposition

22ndnd Chr. 10:16 – 11:4 – Rehoboam and Chr. 10:16 – 11:4 – Rehoboam and Jeroboam – civil interpositionJeroboam – civil interposition

22ndnd Chr. 22-23; 2 Chr. 22-23; 2ndnd Kings 11 – Queen Kings 11 – Queen Athaliah – civil interposition by forceAthaliah – civil interposition by force

22ndnd Chr. 26:16-23 – Priesthood and Chr. 26:16-23 – Priesthood and Uzziah – church and state Uzziah – church and state interpositioninterposition

N.T. Steps of InterpositionN.T. Steps of Interposition Matthew 5:38-41 – avoid Matthew 5:38-41 – avoid personal offensespersonal offenses Matthew 18:15-18 - Matthew 18:15-18 - AppealAppeal for resolution for resolution Matthew 10:14 - Matthew 10:14 - BoycottBoycott – economic – economic

resistanceresistance Acts 25:11 - Acts 25:11 - Civil interpositionCivil interposition – by lower – by lower

magistrate, resistance must be magistrate, resistance must be under under authorityauthority

Matthew 10:23 - Matthew 10:23 - FleeFlee – avoid greater – avoid greater conflictconflict

Acts 5:29 - Acts 5:29 - DisobeyDisobey – commanded to disobey – commanded to disobey God’s Word; could result in martyrdomGod’s Word; could result in martyrdom

Luke 22:36 - Luke 22:36 - Forceful resistanceForceful resistance – – underunder authorityauthority

Magna Charta – 1215 AD:Magna Charta – 1215 AD:Historic Document of Historic Document of

InterpositionInterposition

Calvin’s Lower Magistrate Calvin’s Lower Magistrate PrinciplePrinciple

…For when popular magistrates have been appointed to curb the tyranny of

kings... so far am I from forbidding these officially to check the undue

license of kings, that if they connive at kings when they tyrannize and

insult over the humbler of the people, I affirm that their dissimulation is not free from nefarious perfidy; because

they fraudulently betray the liberty of the people, while knowing that, by the

ordinance of God, they are its appointed guardians….

Vindicae Contra Tyrannos, 1579

“When we speak of all the people, we understand by that, only those who

hold their authority from the people, to wit, the magistrates, who are

inferior to the king, and whom the people have substituted, or

established, as it were, consorts in the empire, and with a kind of

tribunitial authority, to restrain the encroachments of sovereignty, and to represent the whole body of the

people.”

Samuel Rutherford – Samuel Rutherford – Lex Rex Lex Rex - - 16441644

God makes a covenant between a People and God makes a covenant between a People and their King (rulers); and the King and peopletheir King (rulers); and the King and people

God is the highest party, thus both the people God is the highest party, thus both the people and the King are answerable to Himand the King are answerable to Him

Government is not a “father”; the King rules Government is not a “father”; the King rules “of the people” under God’s Law – the King “of the people” under God’s Law – the King is…is…

"subject to God's law and obligated to the 'fountain-power' of the people, who have the right and duty to overthrow him for abuse of power they have not

delegated to him." Self-defense is permissible; Self-defense is permissible; appeal; mediation, appeal; mediation,

flight, and finally forceful resistanceflight, and finally forceful resistance

Colonial Steps of Colonial Steps of InterpositionInterposition

Ignore OffensesIgnore Offenses – – Over thirty British Acts…Over thirty British Acts… AppealAppeal – – Stamp Act Congress, 1765Stamp Act Congress, 1765 BoycottBoycott – – Non-importation Agreement, 1768Non-importation Agreement, 1768 Civil InterpositionCivil Interposition – – by the lower magistrateby the lower magistrate

Town & County – 1772 (Committees of Town & County – 1772 (Committees of Correspondence)Correspondence)

Boston Tea Party – 1773Boston Tea Party – 1773 Declaration and Resolves – 1774Declaration and Resolves – 1774

Armed ResistanceArmed Resistance – – under the lower under the lower magistratemagistrate Declaration of Causes of Taking up Arms – 1775Declaration of Causes of Taking up Arms – 1775 Olive Branch Petition - 1775Olive Branch Petition - 1775

England’s Proclamation of RebellionEngland’s Proclamation of Rebellion – 1775 – 1775 England’s Prohibitory ActEngland’s Prohibitory Act – 1775 – 1775England severs its colonies from the Empire!England severs its colonies from the Empire!

Prayer at the FirstPrayer at the FirstContinental Congress, 1774Continental Congress, 1774

Divine Interposition

A Declaration of A Declaration of InterpositionInterposition

Declares the Declares the sourcesource of the rights of the rights violatedviolated

Declares the Declares the authorityauthority by which you by which you interpose – the lower magistratesinterpose – the lower magistrates

Demonstrates the Demonstrates the submissive appealssubmissive appeals that have taken place for a reasonable that have taken place for a reasonable time periodtime period

Lists specific Lists specific abusesabuses of power that of power that define tyrannical behaviordefine tyrannical behavior

Declares the Declares the highest authorityhighest authority to which to which the nation, through its representatives, the nation, through its representatives, are appealing for ultimate justice…are appealing for ultimate justice…

Article I – Legislative Article I – Legislative BranchBranch

Section 1 - All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives Bureaucratic agencies make unfunded

mandate demands to be enforced by the States

States can interpose between an agency and their people since the mandates were not passed by Congress!

Governors of the States (or State Legislatures) are not federal officers!

Article II – Executive Article II – Executive Branch….Branch….

Section 2 - The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service... President is Commander in Chief, not

commander and chief - passive command

He must have a declaration of war from Congress in order to command troops...

Congress could interpose and bring home the troops at any time!

Article III – Judiciah Article III – Judiciah BranchBranch

Section 1 - The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior Judges do not have “life terms” Judicial supremacy could be curbed with

interposition by the Congress at any time Section 2 - The judicial Power shall

extend to all Cases The supreme court can only rule in the

case brought before it - it is not law Thus, the States can ignore supreme court

decisions, they are not binding on them

Article III – Judicial Article III – Judicial Branch….Branch….

Section 2 - the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Congress can regulate the

cases taken by the Supreme Court A resolution by Congress could

serve as interposition between the people and the Courts

Article IV – Rights of Article IV – Rights of States…States…

Section 4 -The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Congress is to interpose between the

people and a state of democracy States interpose between the people

(militia) and the national military

Constitution declares Constitution declares InterpositionInterposition

The Ninth Amendment - “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Interposition limits the power of government People have the primary seat of power

The Tenth Amendment - “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people.” Only power is what is expressed in the Constitution Only powers specifically prohibited to States limit them

All other powers are reserved to the states or people