The Covenantal Nature of Our U.S. Constitution
By Dan Wrigley
By act of Congress dated January 19, 2004, the President of the
United Sates is requested to proclaim September 17th thru September 23rd of
each year to be “Constitution Week.”
By that proclamation, citizens are encouraged “to observe Constitution
Week, in schools, churches, and other suitable places, with 
appropriate
ceremonies and activities.”
Built upon a foundation of biblical ideals, our Constitution
implemented the concept of self-government under God. As opposed to monarchies,
mob rule, and other forms of government where a self-seated or arbitrary power
declares the rules by which their subjects shall live, the citizens of colonial
America consented to a covenant with God, establishing a form of governance
under His authority.
Implementing self-government under a covenant with God, the
United States Constitution would yield one of the greatest nations ever
to exist. Since its adoption, and
America’s subsequent rise to greatness, many nations throughout the earth have
sought to replicate the liberty and prosperity we have attained under that Constitution. Yet, none have succeeded in those
aspirations.
In considering why other countries may have failed in their
aspirations, one must understand that it isn’t the document that has fostered
our liberty and prosperity, but rather it is the character of the people that
has led to those ends. For it would be
beyond naive to think that merely changing the name of the country in the
Preamble to our Constitution could yield the same results in a land
where people do not hold the same beliefs about who they are, as the citizens
of our fledgling Country did when they ratified the Constitution.
In the likeness of ancient Israel who confirmed covenant with God
at Mount Sinai after He had delivered them from oppression in Egypt, so did the
American people confirm covenant with God in 1776 when they declared their
independence from the British Crown “with a firm reliance on the protection of
Divine Providence.”
This covenantal nature, which is common to the deliverance of
both ancient Israel and the colonial citizens of 1776, was an essential
characteristic of their ability to succeed at self-government. It would be a faulty presumption indeed to
think that any self-governing body politic could attain true liberty and
prosperity apart from Him who created the world in which they lived, and then
provided the rules of engagement. Given
that, it would behoove us to have a good understanding of what a covenant is
and how it has fostered the success of this self- governing nation.
What is a covenant?
In the many discussions I have had with others concerning the matter
of covenants, I often hear it said that a covenant is just like a contract.
Though there is a bit of 
truth
to that, upon hearing such a statement I am usually quick to reply that, while
covenants and contracts both have to do with agreements, there is nonetheless
a significant difference between them. To
illustrate this difference, I’ll begin with a review of the definition of
these two terms.
As cited in Webster’s 1828 Dictionary, “Contract” is “An
agreement or covenant between two or more persons, in which each party
binds himself to do or forbear some act, and each acquires a right to what the
other promises;...”. As for the word
“Covenant”, Webster tells us that it has to do with a coming together or a
meeting of the minds, and that it is the “...mutual consent or agreement of two
or more persons, to do or to forbear some act or thing; a contract;....”
Ah, you’ve got to love those circular references. But, a distinction becomes evident upon
Webster’s amplification of the meaning of the term “covenant” in a biblical
context.
Theologically, Webster points to several covenants that are
“...implied in the commands, prohibitions, and promises of God...” Included are the “covenant of redemption,”
which is the mutual agreement between the Father and Son respecting the
redemption of sinners by Christ; the “covenant of grace,” by which God bestows
salvation on man, upon the condition that man shall believe in Christ and yield
obedience to the Church of the gospel; and the “covenant of works,” by which
man’s perfect obedience to God’s law “...should entitle him to happiness.”
In addition to this theological covenant, Webster also points out
that there is a covenant relationship between the members of a church, saying
that covenant is “...a solemn agreement...that they will walk together
according to the precepts of the gospel, in brotherly affection.”
Thus, a covenant as we know it in a biblical context is defined
as consisting of two implicit relationships: one between God and man by which
we acknowledge Him as sovereign authority and another by which we are to, in
love, carry out the Great Commission.
These two implicit relationships under God’s covenant are seen in His
two great commandments - Love the Lord your God with all your heart, with all
your soul, and with all your mind, and Love your neighbor as you love yourself.
How do Covenants Apply?
In considering how covenants apply, it is helpful to return to
the contract-covenant comparison.
Initially, note that both definitions cited above indicate that they
involve an agreement between “two or more persons.” Although this aspect concerning
the number of parties continues to comport with the common usage of the term
“contract,” hardly anyone today other than lawyers uses the term “covenant”
when they are referring to an agreement between “two or more persons.”
That begs the question then, “What is the common usage of the term
“covenant” today? Well, I think the usage that readers would be most familiar
with is that which is common in many neighborhood subdivisions today. That is, “Covenants and Restrictions” as
declared by a developer to be applicable to the homes in a subdivision he has
constructed.
In order to promote unity in design, style, and use, as well as
to protect against unruly conduct and unsightly appearance, developers usually
make a declaration of terms and conditions for occupancy in a newly constructed
neighborhood. As owner of the land,
developers are free to establish any lawful rules as they see fit for the
benefit of those who will occupy the land.
From this illustration, it can be discerned that, whereas a
contract always requires two or more parties, a covenant in the most common
form we know is unilaterally declared.
That is not to say that is always the case; but, the inverse has never
been true – a binding contract can never arise without the mutual consent of at
least two persons.
The ability to unilaterally declare a covenant is indicative of a
significant amount of authority with respect to the subject matter of the
covenant. But in addition to this worthy
capacity to make such an authoritative declaration, another significant aspect
of a covenant lies in the matter of whom it affects.
Continuing with the example of a developer of a neighborhood subdivision,
it is rather obvious that anyone purchasing a new home in that development
would be subject to any declaration of “Covenants and Restrictions” that may
have been made prior to that purchase. Significantly
however, any subsequent purchaser of that home would also be subject to that
same declaration even though he did not purchase it from the developer.
The reason this is true is because such a declaration “runs with the
land” and is not a contractual matter between the developer and the purchaser
of a new home. Irrespective of how many times that home may
change hands 
after
the developer first sells it, any declaration of covenant will continue to
apply to that home until it is terminated by the developer or otherwise modified
according to its terms.
There are several other aspects concerning covenants which could
be mentioned, none of which have much relevance to the topic discussed. Having concluded this brief analysis then, we
may now go forward to further reflect upon the covenantal nature of our Constitution.
A Virtuous Covenant
After God had miraculously parted the Red Sea leading Israel to
the Land of milk and honey, completely destroying Pharaoh’s army, Israel was
unquestionably free from living under the arbitrary rule of human
authority. No longer would they toil
under an unmerciful taskmaster. Gone
were the days of living under a king who would only oppress them more in
response to their desire for time to worship God. They were free, but now the question was
whether they could govern themselves and maintain their freedom.
Nations that lose their freedom do so from being corrupt within,
or being conquered from without. Loss of
freedom is either a matter of wickedness or weakness. To retain their freedom, Israel needed virtue
to overcome both of those threats; for virtue is goodness, and goodness brings
strength.
After delivering Israel from Egypt, God declared His sovereignty
over all the Earth and told Moses that if Israel would obey His voice and keep
His covenant they would become a kingdom of priests, and a holy nation. As Israel stood at the base of the Mount
confronted by the task of preserving their freedom, they needed only to realize
that God’s covenant would provide all of the virtue necessary to do so. When Moses came down from the Mount and
conveyed God’s message to Israel, they responded by saying, “All that the Lord
hath spoken we will do.”
Notwithstanding Israel’s response however, we know that their
consent to God’s message was completely unnecessary to the validity of His
covenant. Because a covenant may be
unilaterally declared, God, as absolute Sovereign of His Creation, had all
power and authority to declare any covenant according to His will. Why then, one might ask, was Israel’s consent
to the covenant of any importance?
The answer is that, a covenant contains an implicit relationship
between the people themselves in addition to the relationship between God and
His people. Israel’s consent to God’s
covenant constituted an agreement amongst themselves that they would abide as a
nation according to His law and commandments which are a part of, and included
under, His covenant.
Israel’s consent confirmed their understanding that God had established
the manner in which they were to live. He had given them His law and commandments for
goodness’ sake. For if virtue is goodness, and goodness brings strength, then
abiding by God’s covenant would assuredly make them a holy nation and a kingdom
of priests. Indeed, after learning
to put their full trust in God, Israel finally entered into the land of milk
and honey, living in His goodness and becoming a mighty nation, 
free
from the rule of earthly kings.
The American Covenant
Some might believe that this covenant was first declared to
Abraham as patriarch of Israel when God called him and explicitly declared He
would provide the heir Abraham desired, a land in which to live, and make of
him a great nation. Through the faith of
Abraham, it is this Israel that God led to the foot of Mount Sinai.
True as this may be, the covenant Israel consented to dates all
the way back to the time of Creation when God declared His covenant to
Adam. This is important to recognize
because, though it be true that God has called Israel His chosen people, He
will make a kingdom of priests and a holy nation of any people that believe in
Him and keep His covenant.
In speaking to Israel at Mount Sinai calling them to keep His
covenant, God declared all the Earth to be His.
Although Israel was being led to a land flowing with milk and honey, the
promise of the covenant had also been declared to Abraham and confirmed with
Isaac in the land of Canaan. And, just
as God had declared that Abraham, Isaac and Jacob were to be fruitful, multiply
and replenish the land, so did He declare the same to Noah after the flood and
to Adam at Creation. For from the very
beginning God has desired to be in harmony with the best of His Creation - man,
whom He created in His own image.
Thus, the opportunity of living under God’s covenant is open to
all on the Earth, irrespective of where they might be situated on it. Our Creator has been available throughout
time to everyone who would embrace Him.
Only the nations that do, however, are able to live in true liberty,
which comes from self-government under the rule of a loving God as compared to
being governed by an arbitrary, earthly king.
That is the opportunity that was embraced by the founding fathers
of our Country in 1776. Separating
themselves in a land apart from British rule and acknowledging the Creator as
the source of life, liberty, and the pursuit of happiness, the Declaration of
Independence is evidence of their consent to God’s covenant. Not only did they recognize their implicit
relationship with God under His covenant, but they also acknowledged their
implicit relationship with each other by concluding the Declaration of
Independence by saying, “we mutually pledge to each other our Lives, our
Fortunes, and our sacred Honor.”
In addition to that being evident in the Declaration of
Independence, embracing God’s covenant is also evident in the Preamble to the Constitution. In adopting the Constitution as their
framework for self-government under God’s covenant, the citizens of this new
country stated in the Preamble, “We the People of the United States, in Order
to ...secure the Blessings of Liberty to ourselves and our Posterity, do ordain
and establish this Constitution for the United States of America.”
Even more evident than this, however, are comments made by Benjamin
Franklin at the Constitutional Convention. These comments were made at a time when the
delegates at that convention had come to an impasse concerning some of the
issues they were considering. In the
hope of resolving that impasse Franklin had this to say: “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.”
Therefore, it is unquestionably clear that the people who founded
this country embraced God’s covenant and adopted our Constitution on
that basis. But, it is important to
be aware that it is not our Constitution that has made America a great
and mighty nation. Rather, it is the
goodness of God that has made us great and mighty.
The basis of America’s prosperity and might was even acknowledged
by foreign statesman and historian, Alexis de Tocqueville when he wrote, “I
sought for the key to the greatness and genius of America in her harbors and
her ample rivers...; in her fertile fields and boundless forests...; in her
rich mines and vast world commerce...; in her public school system and
institutions of learning. I sought for it in her democratic Congress and in her
matchless Constitution. Not until
I went into the churches of America and heard her pulpits flame with
righteousness did I understand the secret of her genius and power. America is great because America is good, and
if America ever ceases to be good, America will cease to be great.”
Now, Americans find themselves in the same situation as the
children of Israel were as they stood at the base of Mount Sinai after God had
delivered them from Egyptian bondage and made them free. Americans now face the same question as did
the children of Israel: “Can we govern ourselves and maintain our freedom?”
Considering how the people of this nation have abandoned God’s goodness
and how far He has been removed from our public affairs today, it seems that
there can be little doubt about the answer to that question. Unless we return to focusing more on God’s covenant
and less on our Constitution as the source of answers to the problems
and issues we face in America today, we, like the children of Israel, will
find ourselves dispossessed of this land and once again in captivity of an
earthly king.
Dan Wrigley is a licensed attorney at law in Illinois and
Missouri. Besides practicing law, Dan
applies his legal knowledge to promote the reconstruction and preservation
of the Christian culture in America and to proclaim the Gospel of Christ.
Dan can be reached via e-mail at dewuntoothers@sbcglobal.net or by calling
(618) 346-4707.
