Constitutional Law
Part 2: “What Were They Thinking?”
Digression: “A History of Government in 6 Revolutions: From the Paleolithic to Philadelphia”
126. Inventing God and Law: Get It in Writing
TITLE: Part T: Get It in Writing
Panel 1: A callback to page 120, Inventing Scripture, with Sis and Joe standing waist-deep in the waters. Sis has placed one hand on Joe’s shoulder to get his attention, as she gestures to the tablets of the Ten Commandments and a scroll of the Torah. Lady Justice pokes her head in from the bottom right corner to interject.
SIS:
Monotheism.
Yes. Fascinating.
I believe you said they’d also invented law?
And you were going to explain how it was somehow sovereign?
AVERAGE JOE:
Right!
Okay, so you know how, since the dawn of time, justice worked one case at a time?
LADY JUSTICE:
You criticizing my work ethic, son?
-=-
Panel 2: The men of an Iron-Age Semitic tribe have gathered by a tree. As a chief figure observes, two men stand in the center and point accusing fingers at each other while arguing to the chief. Many of the men gathered around are arguing among themselves, or at the two in the middle, or at the chief.
NARRATION:
Most disputes and offenses you and your kin would resolve informally, by yourselves. Formally, a tribe might convene an assembly, or a king might appoint a judge, to figure out the appropriate resolution for your specific matter.
Kin, courts, and councils all acted according to custom, the values, norms, and principles of their culture. Outcomes were never prescribed beforehand by some strict written formula.
-=-
Panel 3: A sheet of paper containing what looks like a modern statute, written in an ancient language.
NARRATION:
But the scripture rules were a strict written formula! They applied the same for every person, and in every situation.
VARIOUS VOICES:
It’s law!
God’s law!
It’s clear, it’s codified, and it’s consistent.
Sounds like justice to me.
God’s justice!
-=-
Panel 4: As a person in biblical garb gestures with frustration, a rolled piece of legislation crosses its arms and sticks out its tongue at the person childishly.
NARRATION:
With Yahweh as the source of the law, you had no higher principles to apply.
The text of the law was its own justification.
PERSON:
Why?
Why do we have to?
LAW:
Because I said so.
-=-
Panel 5: The Earth looks wide-eyed at the reader, speaking with astonishment.
NARRATION:
Words alone—mere ink on a page—ruled!
They commanded real people, with the full weight of sovereign authority, and enforced with the full might of sovereign power.
EARTH:
I don’t know about you…
But I’d never seen anything like it!
NARRATION:
However…