Constitutional Monarchy

JudgeRightly

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My position is that everyone who commits a crime that civil government is morally obligated to punish must remain subject to the criminal jurisdiction of the government. That does not require an endless ascending chain because jurisdiction does not have to operate exclusively downhill. Different offices can exercise different jurisdictions over one another without any of them becoming the supreme human authority over all the others.

Fair enough. Reciprocal jurisdiction can keep every individual officeholder reachable by some domestic process. I don't dispute that it can be done.

What I dispute is the antecedent claim that justice requires every individual officeholder to remain reachable by some domestic punitive jurisdiction in the first place. If that requirement is established, reciprocal jurisdiction may be one means of satisfying it. But the possibility of that mechanism does not establish the moral requirement for it.

We already agree that guilt does not create jurisdiction. So the king's guilt establishes what punishment he deserves, not who has authority to impose it.

You keep asking for the antecedent moral principle underlying my position. Here it is:

Justice determines what punishment a wrongdoer deserves, but punishment may be imposed only by rightful authority. Vengeance belongs ultimately to God, and human punitive authority exists by delegation from Him.

Romans 12:19 says:

“Beloved, do not avenge yourselves, but rather give place to wrath; for it is written, ‘Vengeance is Mine, I will repay,’ says the Lord.”​

The immediate command is to individuals, but the principle is clear: recognizing that punishment is deserved does not authorize you to administer it. Vengeance belongs to God, and no man may exercise punitive authority except insofar as that authority has been rightfully delegated to him.

Romans 13 explains why civil government may punish:

“For there is no authority except from God, and the authorities that exist are appointed by God.”​

The magistrate is God's minister, “an avenger to execute wrath on him who practices evil.”

There is the authority flow. Vengeance is God's, and civil government exercises punitive authority because God delegates it.

Therefore:

The fact that punishment is deserved does not determine the scope of God's delegation of human authority to impose it.

Civil government has a real duty to punish murder within its rightful jurisdiction. That does not mean every murderer will necessarily receive temporal punishment at human hands. No righteous government can guarantee that. Crimes go undiscovered, guilty men escape conviction, and courts sometimes reach the wrong judgment.

I am not equating those failures with the deliberate allocation of jurisdiction. The narrower point is that the command to punish murderers establishes a duty to administer justice faithfully; it does not, merely by stating that duty, establish that every conceivable murderer must necessarily remain reachable by some domestic punitive process.

So I am not proposing:

“Murderers deserve death, except kings.”

If the king murders, he deserves the punishment due murder. His office does not reduce his guilt or change what justice requires.

What differs is jurisdiction.

Likewise, saying civil government is “constitutionally forbidden” to punish the king misstates my position. That assumes some domestic authority would otherwise rightfully possess punitive jurisdiction over him and is merely prohibited from exercising it. My position is that no domestic human authority rightfully stands in that jurisdictional relation to the highest earthly authority in the first place.

The king's guilt remains. The punishment he deserves remains. God's jurisdiction remains.

What does not follow is that another human jurisdiction must therefore exist to impose it.

Indeed, this turns your own appeal to Bastiat back onto your own position. The moral principle comes first and the governmental machinery comes afterward. We don't first decide that there must be an unidirectional flow of authority with an irremovable king and then determine what justice is permitted to do within that system and/or to the king. We determine what justice requires and then devise a governmental structure capable of administering it or admit that doing so cannot be done.

Agreed. Moral principle comes first.

But rightful authority is itself a moral principle. We must ask both what punishment justice requires and who has authority to administer it.

Nor did Bob first invent downward authority and then restrict justice to fit it. Scripture begins the authority flow above human government:

“There is no authority except from God.”

God's delegation of authority to men is the original downward flow of authority.

That does not, by itself, prove every detail of how God's human delegates must be organized. Bob's further argument is that multiplying reciprocal coercive jurisdictions among those delegates does not eliminate the problem of final earthly authority; it changes how that authority is organized.

But Romans 13 establishes the relevant principle here: human punitive authority is derivative. Government does not acquire jurisdiction merely because punishment remains due.

You acknowledge this possibility but call it "reciprocal jurisdiction" or authority "flowing around the circle," as though giving it a name somehow establishes that it is unjust. It doesn't. You're simply describing a separation of powers. Yes, such a system can be corrupted, captured, deadlocked, or abused, but so can a monarchy. The possibility of abuse tells us nothing about whether the structure itself violates a principle of justice.

Agreed. The possibility of corruption, capture, deadlock, or abuse does not prove reciprocal government intrinsically unjust. Monarchy can be corrupted too.

That is a prudential argument, relevant to your objections concerning tyranny and civil war and to Bob's argument about which structure is more likely to produce just leadership. It is not my antecedent moral principle.

But neither does calling reciprocal jurisdiction “separation of powers” establish that justice requires it.

Reciprocal jurisdiction can keep each officeholder reachable by another component of government, but every checker remains inside the same fallible governmental structure, and the structure as a whole can itself be captured. The law it applies may be objective, but its enforcement machinery is not independent of the governmental system it is judging.

That is not analogous to God's position over Israel's kings. God was not another component checking the king. He stood genuinely above the human structure and was the source of its authority.

Suppose I grant your premise. Suppose monarchy necessarily requires an ultimate human ruler whom no domestic authority may prosecute or punish. If that means the king can murder, commit treason, or otherwise commit capital crimes while civil government is constitutionally forbidden to administer justice against him, then the conclusion that we must draw from that is not that we must tolerate that injustice because monarchy requires it. The conclusion is that we should not establish that form of government!

WHY?

Because the form of government is subordinate to justice, not the other way around.

Agreed. If Bob's arrangement is unjust, then I will reject it.

But calling it unjust assumes the point in dispute.

And Saul gives us a biblical example of the distinction I'm making.

Saul was murderous. God had rejected him. David had already been anointed to succeed him, and David had Saul physically within his power.

Yet David did not infer punitive jurisdiction from Saul's guilt:

“Let the LORD judge between you and me, and let the LORD avenge me on you. But my hand shall not be against you.”​

And later:

“As the LORD lives, the LORD shall strike him, or his day shall come to die, or he shall go out to battle and perish.”​

Saul remained guilty and deserving of judgment. David nevertheless did not infer from that fact that he possessed jurisdiction to impose it.

Your answer has been that God stood above Saul and possessed jurisdiction over him.

Exactly.

Saul therefore demonstrates that justice and deserved punishment do not themselves require a human punitive superior over the highest human ruler. The human authority structure terminated under God.

Israel's direct prophetic administration was unique, and Bob does not reproduce it. But that does not establish that, when Israel's unique prophetic administration is absent, God's superior jurisdiction necessarily devolves to another human office.

The narrower principle is sufficient: the absence of another human authority possessing punitive jurisdiction over the highest human ruler does not itself place that ruler beyond justice, nor does his guilt itself require such a human authority to exist.

So my antecedent moral principle is not royal immunity or an exception to justice:

Justice determines what punishment the guilty deserve. Vengeance belongs ultimately to God. Human rulers administer punishment only through authority delegated by Him and therefore only within their rightful jurisdiction. Punishment remaining due does not itself create another human jurisdiction to impose it. Where human punishment does not reach, God's justice does not cease: “Vengeance is Mine, I will repay.”

You have shown that reciprocal jurisdiction can keep the king domestically reachable.

What you still need to establish is that justice requires the king to remain domestically reachable in the first place.
 

Clete

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Fair enough. Reciprocal jurisdiction can keep every individual officeholder reachable by some domestic process. I don't dispute that it can be done.

What I dispute is the antecedent claim that justice requires every individual officeholder to remain reachable by some domestic punitive jurisdiction in the first place. If that requirement is established, reciprocal jurisdiction may be one means of satisfying it. But the possibility of that mechanism does not establish the moral requirement for it.

We already agree that guilt does not create jurisdiction. So the king's guilt establishes what punishment he deserves, not who has authority to impose it.

You keep asking for the antecedent moral principle underlying my position. Here it is:

Justice determines what punishment a wrongdoer deserves, but punishment may be imposed only by rightful authority. Vengeance belongs ultimately to God, and human punitive authority exists by delegation from Him.

Romans 12:19 says:

“Beloved, do not avenge yourselves, but rather give place to wrath; for it is written, ‘Vengeance is Mine, I will repay,’ says the Lord.”​

The immediate command is to individuals, but the principle is clear: recognizing that punishment is deserved does not authorize you to administer it. Vengeance belongs to God, and no man may exercise punitive authority except insofar as that authority has been rightfully delegated to him.

Romans 13 explains why civil government may punish:

“For there is no authority except from God, and the authorities that exist are appointed by God.”​

The magistrate is God's minister, “an avenger to execute wrath on him who practices evil.”

There is the authority flow. Vengeance is God's, and civil government exercises punitive authority because God delegates it.

Therefore:

The fact that punishment is deserved does not determine the scope of God's delegation of human authority to impose it.

Civil government has a real duty to punish murder within its rightful jurisdiction. That does not mean every murderer will necessarily receive temporal punishment at human hands. No righteous government can guarantee that. Crimes go undiscovered, guilty men escape conviction, and courts sometimes reach the wrong judgment.

I am not equating those failures with the deliberate allocation of jurisdiction. The narrower point is that the command to punish murderers establishes a duty to administer justice faithfully; it does not, merely by stating that duty, establish that every conceivable murderer must necessarily remain reachable by some domestic punitive process.

So I am not proposing:

“Murderers deserve death, except kings.”

If the king murders, he deserves the punishment due murder. His office does not reduce his guilt or change what justice requires.

What differs is jurisdiction.

Likewise, saying civil government is “constitutionally forbidden” to punish the king misstates my position. That assumes some domestic authority would otherwise rightfully possess punitive jurisdiction over him and is merely prohibited from exercising it. My position is that no domestic human authority rightfully stands in that jurisdictional relation to the highest earthly authority in the first place.

The king's guilt remains. The punishment he deserves remains. God's jurisdiction remains.

What does not follow is that another human jurisdiction must therefore exist to impose it.



Agreed. Moral principle comes first.

But rightful authority is itself a moral principle. We must ask both what punishment justice requires and who has authority to administer it.

Nor did Bob first invent downward authority and then restrict justice to fit it. Scripture begins the authority flow above human government:

“There is no authority except from God.”

God's delegation of authority to men is the original downward flow of authority.

That does not, by itself, prove every detail of how God's human delegates must be organized. Bob's further argument is that multiplying reciprocal coercive jurisdictions among those delegates does not eliminate the problem of final earthly authority; it changes how that authority is organized.

But Romans 13 establishes the relevant principle here: human punitive authority is derivative. Government does not acquire jurisdiction merely because punishment remains due.



Agreed. The possibility of corruption, capture, deadlock, or abuse does not prove reciprocal government intrinsically unjust. Monarchy can be corrupted too.

That is a prudential argument, relevant to your objections concerning tyranny and civil war and to Bob's argument about which structure is more likely to produce just leadership. It is not my antecedent moral principle.

But neither does calling reciprocal jurisdiction “separation of powers” establish that justice requires it.

Reciprocal jurisdiction can keep each officeholder reachable by another component of government, but every checker remains inside the same fallible governmental structure, and the structure as a whole can itself be captured. The law it applies may be objective, but its enforcement machinery is not independent of the governmental system it is judging.

That is not analogous to God's position over Israel's kings. God was not another component checking the king. He stood genuinely above the human structure and was the source of its authority.



Agreed. If Bob's arrangement is unjust, then I will reject it.

But calling it unjust assumes the point in dispute.

And Saul gives us a biblical example of the distinction I'm making.

Saul was murderous. God had rejected him. David had already been anointed to succeed him, and David had Saul physically within his power.

Yet David did not infer punitive jurisdiction from Saul's guilt:

“Let the LORD judge between you and me, and let the LORD avenge me on you. But my hand shall not be against you.”​

And later:

“As the LORD lives, the LORD shall strike him, or his day shall come to die, or he shall go out to battle and perish.”​

Saul remained guilty and deserving of judgment. David nevertheless did not infer from that fact that he possessed jurisdiction to impose it.

Your answer has been that God stood above Saul and possessed jurisdiction over him.

Exactly.

Saul therefore demonstrates that justice and deserved punishment do not themselves require a human punitive superior over the highest human ruler. The human authority structure terminated under God.

Israel's direct prophetic administration was unique, and Bob does not reproduce it. But that does not establish that, when Israel's unique prophetic administration is absent, God's superior jurisdiction necessarily devolves to another human office.

The narrower principle is sufficient: the absence of another human authority possessing punitive jurisdiction over the highest human ruler does not itself place that ruler beyond justice, nor does his guilt itself require such a human authority to exist.

So my antecedent moral principle is not royal immunity or an exception to justice:

Justice determines what punishment the guilty deserve. Vengeance belongs ultimately to God. Human rulers administer punishment only through authority delegated by Him and therefore only within their rightful jurisdiction. Punishment remaining due does not itself create another human jurisdiction to impose it. Where human punishment does not reach, God's justice does not cease: “Vengeance is Mine, I will repay.”

You have shown that reciprocal jurisdiction can keep the king domestically reachable.

What you still need to establish is that justice requires the king to remain domestically reachable in the first place.
You are the one making the affirmative claim that the king is immune from criminal prosecution. You are the one with the burden of establishing that immunity. We have already established the general moral principle that civil government is authorized by God to punish criminals. You are claiming that this jurisdiction somehow ceases to apply when the criminal happens to occupy one particular office. It is that exception that requires justification. By your own statement, the legal prosecution of a criminal king can be done, and it is the very principle of justice itself that justifies it. Thus, even if the burden was mine, which it is not, that burden has been met by your own statement.

Romans 13 does not establish your exception. It is, at best, an argument from silence. The passage does establish that God delegates punitive authority to civil government, making the magistrate His minister, "an avenger to execute wrath on him who practices evil", but where does Paul add, "unless the evildoer happens to be the highest magistrate"? Once again, you're attempting to derive the king's immunity from Scripture's silence concerning the king specifically.

Further, you've now conceded that reciprocal jurisdiction can constitutionally keep every officeholder, including the king, subject to criminal prosecution. If it can be done, then the remaining question is whether doing so is just. The moral principle justifying it is the very principle you have spent this post establishing, (i.e. that criminals deserve punishment, and God has delegated to civil government the authority to administer it.) If you want to exempt one particular criminal from the reach of that delegated authority solely because he occupies the office of king, then establish the moral principle that creates that exemption. "Vengeance is Mine" cannot do it because God's ultimate jurisdiction applies equally to every criminal that Romans 13 authorizes civil government to punish.
 

JudgeRightly

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You are the one making the affirmative claim that the king is immune from criminal prosecution. You are the one with the burden of establishing that immunity. We have already established the general moral principle that civil government is authorized by God to punish criminals. You are claiming that this jurisdiction somehow ceases to apply when the criminal happens to occupy one particular office. It is that exception that requires justification.

No. That still assumes the point in dispute.

I am not claiming that a jurisdiction which already extends over the king somehow “ceases to apply” when he commits a crime.

I am disputing your claim that God's general delegation of punitive authority to civil government necessarily entails domestic human punitive jurisdiction over every person in the political order, including its highest earthly authority.

Those are not the same proposition.

We agree that civil government is authorized by God to punish criminals.

What does not follow merely from that is:

Therefore some domestic human authority must possess punitive jurisdiction over every criminal, including the highest civil ruler.

That is an additional premise, and it is the premise your argument needs.

Nor does this make the burden exclusively yours or exclusively mine. I am defending the proposition that earthly punitive jurisdiction may have a terminus beneath God. You are defending the proposition that justice requires every possible offender to remain within domestic human punitive jurisdiction.

Both propositions require argument.

By your own statement, the legal prosecution of a criminal king can be done, and it is the very principle of justice itself that justifies it. Thus, even if the burden was mine, which it is not, that burden has been met by your own statement.

No. I conceded that reciprocal jurisdiction can be constructed so that every individual officeholder is reachable.

That establishes possibility.

It does not establish moral necessity.

A constitutional mechanism being possible does not mean justice requires that mechanism to exist.

And saying “justice justifies it” simply restates the disputed inference unless you first establish that justice requires universal domestic reachability.

Justice tells us what punishment the guilty deserve.

Justice also requires that punishment be imposed by rightful authority.

The first does not establish the second.

A man does not acquire jurisdiction to punish another merely because the other man deserves punishment. That is why jurisdiction matters at all.

Romans 13 does not establish your exception. It is, at best, an argument from silence. The passage does establish that God delegates punitive authority to civil government, making the magistrate His minister, "an avenger to execute wrath on him who practices evil", but where does Paul add, "unless the evildoer happens to be the highest magistrate"? Once again, you're attempting to derive the king's immunity from Scripture's silence concerning the king specifically.

I am not deriving a king-specific exception from Romans 13.

Romans 13 establishes two things relevant here:

Human civil authority is derivative: “there is no authority except from God.”

And civil punitive authority is exercised by God's minister as “an avenger to execute wrath on him who practices evil.”

What Romans 13 does not give us is an exhaustive constitutional map assigning every possible human jurisdiction.

So asking, “Where does Paul say, ‘unless the evildoer happens to be the highest magistrate’?” does not establish your conclusion.

I could just as easily ask:

Where does Paul say, “and some domestic human magistrate must possess punitive jurisdiction over every evildoer, including the highest magistrate”?

But that would miss the point too.

Romans 13 plainly establishes that civil government may punish evil. It does not answer the separate institutional question we are disputing:

How far does delegated human jurisdiction extend, and where does earthly jurisdiction terminate?

You cannot answer that question merely by repeating the general existence of punitive authority.

Further, you've now conceded that reciprocal jurisdiction can constitutionally keep every officeholder, including the king, subject to criminal prosecution. If it can be done, then the remaining question is whether doing so is just. The moral principle justifying it is the very principle you have spent this post establishing, (i.e. that criminals deserve punishment, and God has delegated to civil government the authority to administer it.)

And this is exactly where you are collapsing two questions into one.

Criminals deserve punishment tells us what justice requires of the guilty.

God delegated punitive authority to civil government tells us the source of legitimate human punitive authority.

Neither statement, separately or together, establishes:

Every criminal must therefore remain within the punitive jurisdiction of some domestic human authority.

That conclusion still requires the jurisdictional premise you keep assuming.

And only after that moral question is established do the institutional tradeoffs become relevant.

If justice requires universal domestic reachability, then Bob's arrangement fails regardless of whatever practical advantages it may have.

But if justice does not require universal domestic reachability, then reciprocal jurisdiction is not simply “adding justice.” It is an institutional choice with costs and risks of its own.

A constitutional check does not eliminate power.

It reallocates power to someone else.

If you create an office or tribunal capable of prosecuting, convicting, and removing the king, you have created an institution with coercive authority over him.

That may protect the nation from a wicked king.

It may also be corrupted, captured, politicized, or weaponized against a righteous king.

Reciprocal institutions may check one another successfully. They may also collude, deadlock, become controlled by the same faction, or reach irreconcilable conclusions about which authority prevails.

None of that proves reciprocal jurisdiction unjust.

But it does mean reciprocal jurisdiction is not a cost-free cure for the danger of a wicked ruler.

It trades one failure mode for another.

So the first question remains:

Does justice itself require every officeholder to remain domestically reachable by some human punitive authority?

If your answer is yes, then establish the missing premise: that God's general delegation of punitive authority requires every offender, including the highest earthly ruler, to remain within some domestic human jurisdiction.

If that premise cannot be established, then we are no longer talking about an intrinsic injustice. We are comparing governmental tradeoffs and asking which structure is more likely to produce just rule.

That is where Bob's argument about checks and balances belongs.

If you want to exempt one particular criminal from the reach of that delegated authority solely because he occupies the office of king, then establish the moral principle that creates that exemption. "Vengeance is Mine" cannot do it because God's ultimate jurisdiction applies equally to every criminal that Romans 13 authorizes civil government to punish.

Exactly. God's jurisdiction applies equally to all of them.

That is why I am not using “Vengeance is Mine” to invent a special rule for kings.

The point is more fundamental.

Vengeance belongs to God in the first place. Romans 13 explains why men may exercise punitive vengeance at all: they do so derivatively, as His ministers.

Therefore an outstanding debt of punishment does not manufacture human jurisdiction.

If a man has no rightful authority to administer a punishment, the fact that the punishment remains deserved does not suddenly give him that authority.

And if rightful human jurisdiction terminates somewhere, God's jurisdiction does not terminate with it:

“Vengeance is Mine, I will repay.”

So again, the issue is not:

Does a murdering king deserve punishment?

Yes.

Nor is it:

Can we devise a reciprocal system capable of punishing him?

Yes.

The issue is:

Does justice require that some domestic human authority must possess jurisdiction to punish the highest earthly ruler?

You keep asserting that the answer is yes.

You have not yet established why.
 

Clete

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No. That still assumes the point in dispute.

I am not claiming that a jurisdiction which already extends over the king somehow “ceases to apply” when he commits a crime.

I am disputing your claim that God's general delegation of punitive authority to civil government necessarily entails domestic human punitive jurisdiction over every person in the political order, including its highest earthly authority.

Those are not the same proposition.

We agree that civil government is authorized by God to punish criminals.

What does not follow merely from that is:

Therefore some domestic human authority must possess punitive jurisdiction over every criminal, including the highest civil ruler.

That is an additional premise, and it is the premise your argument needs.

Nor does this make the burden exclusively yours or exclusively mine. I am defending the proposition that earthly punitive jurisdiction may have a terminus beneath God. You are defending the proposition that justice requires every possible offender to remain within domestic human punitive jurisdiction.

Both propositions require argument.



No. I conceded that reciprocal jurisdiction can be constructed so that every individual officeholder is reachable.

That establishes possibility.

It does not establish moral necessity.

A constitutional mechanism being possible does not mean justice requires that mechanism to exist.

And saying “justice justifies it” simply restates the disputed inference unless you first establish that justice requires universal domestic reachability.

Justice tells us what punishment the guilty deserve.

Justice also requires that punishment be imposed by rightful authority.

The first does not establish the second.

A man does not acquire jurisdiction to punish another merely because the other man deserves punishment. That is why jurisdiction matters at all.



I am not deriving a king-specific exception from Romans 13.

Romans 13 establishes two things relevant here:

Human civil authority is derivative: “there is no authority except from God.”

And civil punitive authority is exercised by God's minister as “an avenger to execute wrath on him who practices evil.”

What Romans 13 does not give us is an exhaustive constitutional map assigning every possible human jurisdiction.

So asking, “Where does Paul say, ‘unless the evildoer happens to be the highest magistrate’?” does not establish your conclusion.

I could just as easily ask:

Where does Paul say, “and some domestic human magistrate must possess punitive jurisdiction over every evildoer, including the highest magistrate”?

But that would miss the point too.

Romans 13 plainly establishes that civil government may punish evil. It does not answer the separate institutional question we are disputing:

How far does delegated human jurisdiction extend, and where does earthly jurisdiction terminate?

You cannot answer that question merely by repeating the general existence of punitive authority.



And this is exactly where you are collapsing two questions into one.

Criminals deserve punishment tells us what justice requires of the guilty.

God delegated punitive authority to civil government tells us the source of legitimate human punitive authority.

Neither statement, separately or together, establishes:

Every criminal must therefore remain within the punitive jurisdiction of some domestic human authority.

That conclusion still requires the jurisdictional premise you keep assuming.

And only after that moral question is established do the institutional tradeoffs become relevant.

If justice requires universal domestic reachability, then Bob's arrangement fails regardless of whatever practical advantages it may have.

But if justice does not require universal domestic reachability, then reciprocal jurisdiction is not simply “adding justice.” It is an institutional choice with costs and risks of its own.

A constitutional check does not eliminate power.

It reallocates power to someone else.

If you create an office or tribunal capable of prosecuting, convicting, and removing the king, you have created an institution with coercive authority over him.

That may protect the nation from a wicked king.

It may also be corrupted, captured, politicized, or weaponized against a righteous king.

Reciprocal institutions may check one another successfully. They may also collude, deadlock, become controlled by the same faction, or reach irreconcilable conclusions about which authority prevails.

None of that proves reciprocal jurisdiction unjust.

But it does mean reciprocal jurisdiction is not a cost-free cure for the danger of a wicked ruler.

It trades one failure mode for another.

So the first question remains:

Does justice itself require every officeholder to remain domestically reachable by some human punitive authority?

If your answer is yes, then establish the missing premise: that God's general delegation of punitive authority requires every offender, including the highest earthly ruler, to remain within some domestic human jurisdiction.

If that premise cannot be established, then we are no longer talking about an intrinsic injustice. We are comparing governmental tradeoffs and asking which structure is more likely to produce just rule.

That is where Bob's argument about checks and balances belongs.



Exactly. God's jurisdiction applies equally to all of them.

That is why I am not using “Vengeance is Mine” to invent a special rule for kings.

The point is more fundamental.

Vengeance belongs to God in the first place. Romans 13 explains why men may exercise punitive vengeance at all: they do so derivatively, as His ministers.

Therefore an outstanding debt of punishment does not manufacture human jurisdiction.

If a man has no rightful authority to administer a punishment, the fact that the punishment remains deserved does not suddenly give him that authority.

And if rightful human jurisdiction terminates somewhere, God's jurisdiction does not terminate with it:

“Vengeance is Mine, I will repay.”

So again, the issue is not:

Does a murdering king deserve punishment?

Yes.

Nor is it:

Can we devise a reciprocal system capable of punishing him?

Yes.

The issue is:

Does justice require that some domestic human authority must possess jurisdiction to punish the highest earthly ruler?

You keep asserting that the answer is yes.

You have not yet established why.
The why is implied in the question, JR. You ask, "Does justice require....?" If the answer is yes, then it's because justice requires it.

I know, I know, that's circular as stated, but only on its face. It's really a "by definition" argument. Do we have to go into what it is that makes righteousness right every time we employ the concept of justice? Do you and I not already agree on what the word "justice" means? Do we not already agree that it is unjust for a murderer to go unpunished? Do we not already agree that a murder is not qualified to sit as a judge over others (much less the highest judge of the land)?

Indeed, it is precisely the moral principle of justice upon which our disagreement hinges. You are adhering to this idea that there must be an unassailable highest human authority but cannot justify that position. I do not mean by that statement that you cannot make an argument, I mean that you cannot demonstrate that it is morally just.

My objection to what you are proposing can be stated in several ways...

If God has not commanded the nations of the world to reproduce Israel's monarchy, on what moral grounds can you condemn a nation for establishing a lawful means of removing a king who commits murder (or other egregious crimes)?​
​
Does a ruler's commission to administer justice remain morally legitimate after he has demonstrated, through his own serious wrongdoing, that he is unwilling to submit to the very standard he is commissioned to uphold?​
​
Is it just, or even reasonable, to treat the authority to administer justice as a personal privilege that survives every conceivable abuse of that authority?​
​
Why would (How could) a just God delegate authority to civil government to punish murder while simultaneously requiring that the government be structured so that its chief magistrate can commit murder without forfeiting his office or becoming subject to the very justice he is charged with administering?​
​
My whole position rests entirely on the principle of justice. Israel didn't have this problem because God sat at the real highest authority over the nation of Israel and it was He would filled the office that had the authority to remove a rogue king. We do not have that privileged and so are required to create a work around or abandon the effort on the basis of justice. A nation with an unjust king is an unjust nation. A government that protects the power of an unjust king is an unjust government - by definition.
 

JudgeRightly

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The why is implied in the question, JR. You ask, "Does justice require....?" If the answer is yes, then it's because justice requires it.

But that's precisely the point at issue.

I'm not asking, “If justice requires it, why should we do what justice requires?”

Obviously, because justice requires it.

I'm asking:

Does justice require that some domestic human authority possess jurisdiction over the highest human ruler in the first place?

You cannot answer that question by assuming “yes” and then telling me the reason is justice.

We already agree that murder deserves just punishment and that a murderer may become morally unfit to rule.

What I am asking you to establish is the additional proposition that justice therefore requires another human authority to possess jurisdiction to adjudicate and enforce that punishment or forfeiture.

That proposition is not contained in the word “justice” merely by definition.

I know, I know, that's circular as stated, but only on its face. It's really a "by definition" argument. Do we have to go into what it is that makes righteousness right every time we employ the concept of justice? Do you and I not already agree on what the word "justice" means? Do we not already agree that it is unjust for a murderer to go unpunished? Do we not already agree that a murder is not qualified to sit as a judge over others (much less the highest judge of the land)?

We agree that murder deserves punishment.

We agree that a murderer is morally unfit to sit in judgment over others.

What does not follow “by definition” is that some other human authority must therefore possess jurisdiction to punish or remove him.

That is the very distinction I've been making.

Justice tells us what the murderer deserves. It may also tell us that he has rendered himself morally unfit for office.

Neither fact, by itself, tells us who has jurisdiction to adjudicate and enforce that result. Nor does it, by itself, establish that the constitution must create another human office with jurisdiction to enforce that result.

If a murderer deserves death, that does not mean every man who recognizes his guilt thereby acquires authority to execute him.

Likewise, if a king renders himself morally unfit to rule, it does not follow merely from that fact that another human office thereby possesses jurisdiction to remove him.

In other words, I am not asking you to redefine justice every time we use the word.

I am asking you not to smuggle a jurisdictional conclusion into the definition of justice.

Indeed, it is precisely the moral principle of justice upon which our disagreement hinges. You are adhering to this idea that there must be an unassailable highest human authority but cannot justify that position.

“Unassailable” is not how I would put it.

The king is not morally unassailable. He can be wicked, guilty, unjust, and deserving of punishment.

The question is whether another domestic human authority must possess coercive jurisdiction over him.

And I think this is where two different arguments are being conflated.

One question is moral:

Does justice require that the highest civil ruler be domestically punishable or removable by another human authority?

The other is prudential:

Assuming more than one constitutional arrangement is morally permissible, which arrangement is more likely to produce just government?

I am not claiming that every conceivable lawful mechanism for removing a wicked king is intrinsically immoral.

I am denying that justice itself requires such a mechanism.

If it does not, then the question of whether to create one becomes a question of institutional design and tradeoffs.

I do not mean by that statement that you cannot make an argument, I mean that you cannot demonstrate that it is morally just.

My objection to what you are proposing can be stated in several ways...

If God has not commanded the nations of the world to reproduce Israel's monarchy, on what moral grounds can you condemn a nation for establishing a lawful means of removing a king who commits murder (or other egregious crimes)?​

I don't. That's a category error.

I am not arguing that a nation which establishes such a mechanism has thereby committed some intrinsic moral evil.

My objection to reciprocal coercive jurisdiction is principally prudential.

A constitutional check does not eliminate power. It reallocates power to someone else.

An institution powerful enough to prosecute and remove a wicked king is also powerful enough to prosecute and remove a righteous king. It can function justly, or it can be corrupted, captured, politicized, or weaponized.

That does not make the institution inherently unjust.

It means there is a tradeoff.

If justice itself does not require universal domestic reachability, then we've moved from a question of intrinsic morality to a question of which constitutional risks are preferable.

Does a ruler's commission to administer justice remain morally legitimate after he has demonstrated, through his own serious wrongdoing, that he is unwilling to submit to the very standard he is commissioned to uphold?​

He can certainly render himself morally unfit to continue exercising that office.

But that still does not answer the jurisdictional question.

Moral forfeiture and human jurisdiction to enforce that forfeiture are not the same thing.

A man can forfeit something morally without every other man thereby acquiring authority to take it from him.

So even if I grant that a murderous king has rendered himself morally unfit to continue ruling, the next question remains:

Who has authority to adjudicate that fact and enforce any resulting forfeiture?

You cannot answer that merely by restating the forfeiture itself.

Is it just, or even reasonable, to treat the authority to administer justice as a personal privilege that survives every conceivable abuse of that authority?​

No, but that is also not my position.

The king's authority is not a personal privilege.

It is an office held under God.

Nor does the absence of another domestic authority with jurisdiction to remove him mean that his wrongdoing becomes legitimate, that his office sanctifies his crimes, or that he retains God's moral approval regardless of what he does.

Again, you are moving from:

He has abused his authority and may have forfeited his moral legitimacy

to:

Therefore some other human authority must possess jurisdiction to remove him.

That second proposition still does not follow automatically from the first.

Why would (How could) a just God delegate authority to civil government to punish murder while simultaneously requiring that the government be structured so that its chief magistrate can commit murder without forfeiting his office or becoming subject to the very justice he is charged with administering?​

I have never said that a murdering king cannot render himself morally unfit to continue ruling. Nor have I said that he ceases to be subject to justice. He remains subject to justice precisely because he remains subject to God.

The question is whether God requires another human authority to enforce that judgment against him. You haven't established that yet.

And notice that your wording assumes something else that has not been established: that God has “required” governments to be structured with reciprocal human jurisdiction over their highest ruler.

That is precisely the requirement I have been asking you to demonstrate.

My whole position rests entirely on the principle of justice. Israel didn't have this problem because God sat at the real highest authority over the nation of Israel and it was He would filled the office that had the authority to remove a rogue king. We do not have that privileged and so are required to create a work around or abandon the effort on the basis of justice.

Where does that requirement come from? It does not follow merely from the fact that justice requires the guilty to receive what is due.

I agree that God stood above Israel's king.

I agree that God possessed authority to judge and remove him.

But how do you get from:

God occupied that superior position in Israel

to:

Therefore, when governing a Gentile nation without Israel's direct divine administration, human beings are morally required to reproduce God's place in that governmental structure by creating another human authority over the highest ruler?

That does not follow merely from Israel's uniqueness.

In fact, Saul illustrates the opposite principle I've been arguing all along: the highest human ruler can remain completely subject to justice without another human ruler possessing punitive jurisdiction over him.

You respond that God filled that superior position.

Exactly. That's my point. God's direct administration of Israel was unique, but God's ultimate jurisdiction did not cease when that administration ceased. The absence of Israel's direct theocratic administration does not itself transfer, duplicate, or require human beings to recreate God's superior jurisdiction in another domestic office.

You need an additional premise for that.

A nation with an unjust king is an unjust nation. A government that protects the power of an unjust king is an unjust government - by definition.

I don't think either proposition follows “by definition.”

An unjust ruler can govern within a just legal order and violate it. Otherwise, the instant any magistrate acts unjustly, the governmental order itself becomes unjust by definition.

And Bob's system is not designed to “protect the power of an unjust king” as though his wickedness entitles him to protection.

Again, the issue is jurisdiction.

There is a difference between protecting a king because his conduct is just and denying another domestic authority jurisdiction over him even when his conduct is unjust.

You keep treating the second as though it necessarily means the first. It doesn't.

And that leaves us with the same basic question, now in a slightly different form:

If the highest human ruler becomes guilty, morally unfit, or even morally forfeits his right to rule, what principle establishes that some other human authority must therefore possess jurisdiction to adjudicate and enforce his removal?

You have established the king's guilt.

You have established his possible moral unfitness.

You have not yet established the human jurisdiction that follows.
 

Clete

Truth Smacker
Silver Subscriber
But that's precisely the point at issue.

I'm not asking, “If justice requires it, why should we do what justice requires?”

Obviously, because justice requires it.

I'm asking:

Does justice require that some domestic human authority possess jurisdiction over the highest human ruler in the first place?

You cannot answer that question by assuming “yes” and then telling me the reason is justice.

We already agree that murder deserves just punishment and that a murderer may become morally unfit to rule.

What I am asking you to establish is the additional proposition that justice therefore requires another human authority to possess jurisdiction to adjudicate and enforce that punishment or forfeiture.

That proposition is not contained in the word “justice” merely by definition.



We agree that murder deserves punishment.

We agree that a murderer is morally unfit to sit in judgment over others.

What does not follow “by definition” is that some other human authority must therefore possess jurisdiction to punish or remove him.

That is the very distinction I've been making.

Justice tells us what the murderer deserves. It may also tell us that he has rendered himself morally unfit for office.

Neither fact, by itself, tells us who has jurisdiction to adjudicate and enforce that result. Nor does it, by itself, establish that the constitution must create another human office with jurisdiction to enforce that result.

If a murderer deserves death, that does not mean every man who recognizes his guilt thereby acquires authority to execute him.

Likewise, if a king renders himself morally unfit to rule, it does not follow merely from that fact that another human office thereby possesses jurisdiction to remove him.

In other words, I am not asking you to redefine justice every time we use the word.

I am asking you not to smuggle a jurisdictional conclusion into the definition of justice.



“Unassailable” is not how I would put it.

The king is not morally unassailable. He can be wicked, guilty, unjust, and deserving of punishment.

The question is whether another domestic human authority must possess coercive jurisdiction over him.

And I think this is where two different arguments are being conflated.

One question is moral:

Does justice require that the highest civil ruler be domestically punishable or removable by another human authority?

The other is prudential:

Assuming more than one constitutional arrangement is morally permissible, which arrangement is more likely to produce just government?

I am not claiming that every conceivable lawful mechanism for removing a wicked king is intrinsically immoral.

I am denying that justice itself requires such a mechanism.

If it does not, then the question of whether to create one becomes a question of institutional design and tradeoffs.



I don't. That's a category error.

I am not arguing that a nation which establishes such a mechanism has thereby committed some intrinsic moral evil.

My objection to reciprocal coercive jurisdiction is principally prudential.

A constitutional check does not eliminate power. It reallocates power to someone else.

An institution powerful enough to prosecute and remove a wicked king is also powerful enough to prosecute and remove a righteous king. It can function justly, or it can be corrupted, captured, politicized, or weaponized.

That does not make the institution inherently unjust.

It means there is a tradeoff.

If justice itself does not require universal domestic reachability, then we've moved from a question of intrinsic morality to a question of which constitutional risks are preferable.



He can certainly render himself morally unfit to continue exercising that office.

But that still does not answer the jurisdictional question.

Moral forfeiture and human jurisdiction to enforce that forfeiture are not the same thing.

A man can forfeit something morally without every other man thereby acquiring authority to take it from him.

So even if I grant that a murderous king has rendered himself morally unfit to continue ruling, the next question remains:

Who has authority to adjudicate that fact and enforce any resulting forfeiture?

You cannot answer that merely by restating the forfeiture itself.



No, but that is also not my position.

The king's authority is not a personal privilege.

It is an office held under God.

Nor does the absence of another domestic authority with jurisdiction to remove him mean that his wrongdoing becomes legitimate, that his office sanctifies his crimes, or that he retains God's moral approval regardless of what he does.

Again, you are moving from:

He has abused his authority and may have forfeited his moral legitimacy

to:

Therefore some other human authority must possess jurisdiction to remove him.

That second proposition still does not follow automatically from the first.



I have never said that a murdering king cannot render himself morally unfit to continue ruling. Nor have I said that he ceases to be subject to justice. He remains subject to justice precisely because he remains subject to God.

The question is whether God requires another human authority to enforce that judgment against him. You haven't established that yet.

And notice that your wording assumes something else that has not been established: that God has “required” governments to be structured with reciprocal human jurisdiction over their highest ruler.

That is precisely the requirement I have been asking you to demonstrate.



Where does that requirement come from? It does not follow merely from the fact that justice requires the guilty to receive what is due.

I agree that God stood above Israel's king.

I agree that God possessed authority to judge and remove him.

But how do you get from:

God occupied that superior position in Israel

to:

Therefore, when governing a Gentile nation without Israel's direct divine administration, human beings are morally required to reproduce God's place in that governmental structure by creating another human authority over the highest ruler?

That does not follow merely from Israel's uniqueness.

In fact, Saul illustrates the opposite principle I've been arguing all along: the highest human ruler can remain completely subject to justice without another human ruler possessing punitive jurisdiction over him.

You respond that God filled that superior position.

Exactly. That's my point. God's direct administration of Israel was unique, but God's ultimate jurisdiction did not cease when that administration ceased. The absence of Israel's direct theocratic administration does not itself transfer, duplicate, or require human beings to recreate God's superior jurisdiction in another domestic office.

You need an additional premise for that.



I don't think either proposition follows “by definition.”

An unjust ruler can govern within a just legal order and violate it. Otherwise, the instant any magistrate acts unjustly, the governmental order itself becomes unjust by definition.

And Bob's system is not designed to “protect the power of an unjust king” as though his wickedness entitles him to protection.

Again, the issue is jurisdiction.

There is a difference between protecting a king because his conduct is just and denying another domestic authority jurisdiction over him even when his conduct is unjust.

You keep treating the second as though it necessarily means the first. It doesn't.
Okay, so I had quite a lot written in response to this that I just deleted because I was getting too frustrated and it was getting off target anyway. I truly do not understand why I can't seem to find the words needed to make you see the point here. It's clearly a paradigm issue. Once you see it, you'll wonder why you ever thought otherwise because what I'm saying here is quite air tight. (Of course, you think your position is just as air tight!)

I've condense my response to a direct response to what you said at the end of your post, and even that ended up being quite long.

And that leaves us with the same basic question, now in a slightly different form:

If the highest human ruler becomes guilty, morally unfit, or even morally forfeits his right to rule, what principle establishes that some other human authority must therefore possess jurisdiction to adjudicate and enforce his removal?

You have established the king's guilt.

You have established his possible moral unfitness.

You have not yet established the human jurisdiction that follows.
Justice is what establishes the moral justification for jurisdiction, and that follows from the very meaning of the word.

Jurisdiction, noun:
1: the power, right, or authority to interpret and apply the law.
https://www.merriam-webster.com/dictionary/jurisdiction

The constitution (the highest law of the land) establishes which offices possess that jurisdiction and how they exercise it. Justice, however, is what establishes the moral legitimacy of the laws themselves. You seem to be demanding that I establish the former before you'll acknowledge the latter, but would be to put the cart before the horse. Obviously, it's possible to have laws that are unjust. We have plenty of those right now, but we're discussing what a just government ought to look like, and in that context, the laws and the jurisdiction established to enforce them must be grounded in justice. Otherwise, what are we talking about? One of us would be advocating an unjust governmental arrangement, which has been my point all along. The laws governing criminal justice must be based on principles of justice, not the other way around. It is not law that defines justice. It is justice that determines what the laws should be.

I'm not arguing that some particular individual automatically acquires jurisdiction over the king the moment the king commits murder. I'm arguing that a just government ought to be constituted in such a way that someone has that jurisdiction in the first place. In either of our proposed governmental arrangements, the constitution establishes the jurisdiction of its various officers. Your arrangement terminates human criminal jurisdiction at the king and does so without any demonstrated moral justification. Mine provides a lawful means of prosecuting even the highest magistrate. Neither arrangement derives its particular offices or their respective jurisdictions directly from Romans 13. Both are human arrangements for exercising authority that God has delegated to civil government. The question is which arrangement actually fulfills the moral purpose for which God delegated that authority.

You've already conceded that a murderous king deserves punishment, that he can become morally unfit to rule and that a constitution can legitimately establish a means of removing him. You've also acknowledged that such a provision isn't inherently unjust. So, there's no longer any dispute about whether a government can legitimately establish such jurisdiction. The question is whether justice requires it, and that's the question I've been answering all along.

Your position would have us deliberately establish an office whose occupant cannot be prosecuted by the government for murder or other egregious crimes, even though that same government possesses God given authority to prosecute murderers. What moral principle justifies that exemption? You keep insisting that human jurisdiction must terminate somewhere, but that's precisely the proposition that needs to be justified. Why must jurisdiction terminate at a particular person rather than being distributed among offices according to their respective responsibilities? The fact that governmental authority ultimately comes from God doesn't establish that every exercise of that authority must descend through one uninterrupted hierarchy ending in a single, judicially unaccountable individual. Romans 13 certainly doesn't establish any such requirement.

I'm also not suggesting that justice creates jurisdiction out of thin air. I'm arguing that justice imposes a moral obligation upon those establishing a government to provide the jurisdiction necessary to administer it. The same God given authority that empowers civil government to punish murderers can be constitutionally assigned to an appropriate office for the purpose of holding even the king accountable. The constitution supplies the legal jurisdiction. Justice supplies the moral reason for establishing it.

You keep asking what gives another human being the authority to prosecute the king. The answer is precisely the same thing that gives anyone the authority to prosecute anybody else! God has delegated the administration of civil justice to human government. The particular distribution of that authority is a matter of how the government is constituted, and that constitution ought to be consistent with the moral purpose for which government exists.

Lastly, your distinction between guilt and jurisdiction is perfectly valid, but it doesn't answer my argument. It merely explains how your proposed arrangement would operate. What I want you to explain is why justice permits us to deliberately establish a government that protects its highest officer from legal accountability for the very crimes that government was established to punish. What makes that arrangement morally just?
 

JudgeRightly

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Okay, so I had quite a lot written in response to this that I just deleted because I was getting too frustrated and it was getting off target anyway. I truly do not understand why I can't seem to find the words needed to make you see the point here. It's clearly a paradigm issue. Once you see it, you'll wonder why you ever thought otherwise because what I'm saying here is quite air tight. (Of course, you think your position is just as air tight!)

Au contraire...

You've definitely revealed several weak points in my position that I previously did not have answers to, but which have now been shored up. So thanks for that! :)

And if you can establish the must I outline below, then my position collapses outright, because Bob's arrangement would in fact be unjust and therefore indefensible.

That said, perhaps I'm not the only one suffering from a little paradigm blindness here.

But that's why we're here, isn't it!

And I think this post actually gets us considerably closer to identifying where the core disagreement really is.

I've condense my response to a direct response to what you said at the end of your post, and even that ended up being quite long.

Justice is what establishes the moral justification for jurisdiction, and that follows from the very meaning of the word.

Jurisdiction, noun:
1: the power, right, or authority to interpret and apply the law.
https://www.merriam-webster.com/dictionary/jurisdiction

The constitution (the highest law of the land) establishes which offices possess that jurisdiction and how they exercise it. Justice, however, is what establishes the moral legitimacy of the laws themselves. You seem to be demanding that I establish the former before you'll acknowledge the latter, but would be to put the cart before the horse. Obviously, it's possible to have laws that are unjust. We have plenty of those right now, but we're discussing what a just government ought to look like, and in that context, the laws and the jurisdiction established to enforce them must be grounded in justice. Otherwise, what are we talking about? One of us would be advocating an unjust governmental arrangement, which has been my point all along. The laws governing criminal justice must be based on principles of justice, not the other way around. It is not law that defines justice. It is justice that determines what the laws should be.

Agreed, with one important qualification.

Justice is antecedent to positive law. The constitution does not create justice, and the jurisdiction it establishes ought to be morally consistent with justice.

But that is not the same thing as saying that justice, merely by definition, uniquely determines what jurisdictions a constitution must create.

Justice can supply moral reasons for creating jurisdiction without every such reason becoming an absolute requirement to create that jurisdiction.

Jurisdiction answers the legal question of who possesses authority to interpret and apply the law. Justice supplies the moral standard by which that allocation of authority can be judged.

And there may be more than one morally permissible allocation.

So I agree that justice must justify and constrain jurisdiction. What I do not grant is that “justice justifies jurisdiction” gets us automatically to:

Justice requires some domestic human authority to possess punitive jurisdiction over every officeholder, including the highest earthly ruler.

That still requires an argument.

Where I think you have now gotten is this:

1. Justice objectively determines what is right and what punishment wrongdoing deserves.

2. Civil government has been delegated authority by God to administer civil justice.

3. Therefore, those constituting a government have a genuine moral reason to distribute jurisdiction so that the government can carry out that purpose, including against rulers who themselves commit crimes.

I think that gets you farther than your earlier argument did.

For shorthand, I'll call that should, but I mean a genuine prima facie reason in favor of the arrangement, not yet an overriding moral obligation.

What I don't think you've established is must.

In other words, you've established a genuine consideration of justice in favor of making every ruler domestically reachable.

You have not yet established that this one consideration of justice categorically overrides every competing consideration involved in structuring a government.

And by “prudential” I do not mean “morally irrelevant.”

I mean the practical judgment required when several legitimate considerations of justice must be administered by fallible men and cannot all be perfectly secured at once.

Protecting the innocent is a matter of justice.

Punishing the guilty is a matter of justice.

Preserving rightful authority is a matter of justice.

Preventing usurpation and abuse of coercive power are matters of justice.

Maintaining civil order is a matter of justice.

The difficulty is that no human constitutional arrangement can perfectly maximize all of them simultaneously.

That is why prudence enters the picture.

And that distinction matters because justice itself is perfect, but our human administration of justice in a fallen world never will be.

No constitution can guarantee all of the following:
- That every guilty man will be punished.
- That no innocent man will ever be punished.
- That every wicked ruler will be removed.
- That no righteous ruler will ever be wrongfully removed.
- That every judge will judge rightly.
- That every prosecutor will act justly.
- That every institution will remain independent and uncaptured.
- That every conflict of jurisdiction will be resolved peacefully and correctly.

Those are all things a just government ought to desire.

But no arrangement of sinful, fallible men can perfectly secure all of them.

Scripture itself repeatedly recognizes that justice is administered among sinful men under non-ideal conditions. That does not make injustice just. It means that the human administration of justice necessarily involves limitations and prudential judgments.

So the constitutional question cannot simply be:

What power would help us correct this particular injustice?

It must also include:

What new powers, risks, and possible injustices are created by granting that power?

I'm not arguing that some particular individual automatically acquires jurisdiction over the king the moment the king commits murder. I'm arguing that a just government ought to be constituted in such a way that someone has that jurisdiction in the first place. In either of our proposed governmental arrangements, the constitution establishes the jurisdiction of its various officers. Your arrangement terminates human criminal jurisdiction at the king and does so without any demonstrated moral justification. Mine provides a lawful means of prosecuting even the highest magistrate. Neither arrangement derives its particular offices or their respective jurisdictions directly from Romans 13. Both are human arrangements for exercising authority that God has delegated to civil government. The question is which arrangement actually fulfills the moral purpose for which God delegated that authority.

And this is where I think the disagreement has finally become very precise.

You have supplied a moral reason why a constitution ought to make the king reachable:

Doing so allows civil government to punish a murderer who happens to occupy its highest office.

That is a real advantage of your arrangement.

But an advantage is not yet an absolute requirement.

Because the power you create to solve that problem is itself governmental power.

A constitutional check does not eliminate power. It reallocates power to someone else.

Your arrangement gives some other human authority the power to investigate, adjudicate, convict, and ultimately remove the king.

That can be used against a murderous king.

It can also be used against a righteous king.

The same institutional machinery that prevents one possible injustice introduces the possibility of another.

That does not make your arrangement unjust.

It means it has a tradeoff.

And so does mine.

You've already conceded that a murderous king deserves punishment, that he can become morally unfit to rule and that a constitution can legitimately establish a means of removing him. You've also acknowledged that such a provision isn't inherently unjust. So, there's no longer any dispute about whether a government can legitimately establish such jurisdiction. The question is whether justice requires it, and that's the question I've been answering all along.

Right.

And this is exactly where I think we now are.

You have established:

CAN.

We agree a constitution can establish such jurisdiction without thereby being inherently unjust.

And I think you have now supplied a meaningful argument for:

SHOULD.

By that I mean there is a genuine moral reason in favor of making a murderous ruler domestically reachable. There is an obvious good accomplished by doing so.

But a moral reason in favor of a power is not yet an overriding obligation to create that power.

Your conclusion requires:

MUST.

That is the step I still don't see established.

To get from should to must, you need something stronger than the fact that your arrangement better secures one particular consideration of justice.

You need to establish that domestic reachability of every officeholder is a categorical requirement of justice, such that the competing considerations of justice involved in creating that jurisdiction cannot permissibly outweigh it.

Otherwise, we are comparing competing institutional arrangements for fallible men.

And once we reach that point, prudence is unavoidable.

Your position would have us deliberately establish an office whose occupant cannot be prosecuted by the government for murder or other egregious crimes, even though that same government possesses God given authority to prosecute murderers. What moral principle justifies that exemption?

This still describes the arrangement as an “exemption,” which assumes that universal domestic jurisdiction is the moral baseline.

But that is precisely the must you haven't established.

My position does knowingly accept a particular failure mode:

The highest earthly ruler may commit a crime for which no domestic authority has jurisdiction to punish him.

Your position knowingly accepts different failure modes:

The authorities empowered to judge the ruler may falsely accuse him, abuse their jurisdiction, become captured by the same faction, collude against him, or create irreconcilable conflicts among competing organs of government.

And yes, there is a distinction: my jurisdictional limit is deliberate, while some of those outcomes would be abuses of your machinery.

But deliberately limiting a power because of the injustices that power can produce is itself a normal feature of constitutional design.

The reason for deliberately limiting a power can be precisely that every power we create will eventually be exercised by fallible and sometimes wicked men.

Neither arrangement eliminates the possibility of injustice.

The relevant question is whether justice categorically forbids one of those tradeoffs.

You say it forbids mine.

That is what you still need to demonstrate.

You keep insisting that human jurisdiction must terminate somewhere, but that's precisely the proposition that needs to be justified. Why must jurisdiction terminate at a particular person rather than being distributed among offices according to their respective responsibilities?

It does not necessarily have to terminate at a particular person.

That is an important distinction.

Authority can be distributed among offices.

But distribution does not abolish finality.

When a concrete dispute is actually resolved, some human judgment ultimately becomes operative. And if two constitutional authorities make irreconcilable claims about their respective jurisdiction, the words written on the page do not resolve themselves.

Men interpret them.

Men adjudicate them.

And ultimately men either enforce a judgment, one authority yields, or the system remains deadlocked until the conflict is resolved some other way.

So the question is not whether authority can be distributed. Obviously it can.

The question is whether distributing it eliminates the problem of final earthly decision when the authorities themselves disagree.

It doesn't.

At most, it changes where and how that finality appears, or leaves the dispute unresolved.

The fact that governmental authority ultimately comes from God doesn't establish that every exercise of that authority must descend through one uninterrupted hierarchy ending in a single, judicially unaccountable individual. Romans 13 certainly doesn't establish any such requirement.

Agreed.

Romans 13 establishes the source of human governmental authority. It does not hand us a complete constitutional diagram.

The question of whether final earthly authority should be concentrated in one office or divided reciprocally among several offices is therefore a question of governmental design.

Which is precisely why the tradeoffs matter.

Once neither arrangement has been shown intrinsically unjust, we have to ask which arrangement is more likely to produce just government among sinful men.

That is where Bob's argument belongs.

I'm also not suggesting that justice creates jurisdiction out of thin air. I'm arguing that justice imposes a moral obligation upon those establishing a government to provide the jurisdiction necessary to administer it. The same God given authority that empowers civil government to punish murderers can be constitutionally assigned to an appropriate office for the purpose of holding even the king accountable. The constitution supplies the legal jurisdiction. Justice supplies the moral reason for establishing it.

And this is the strongest formulation of your argument so far.

I agree that justice supplies a moral reason for establishing such jurisdiction.

What I do not yet see is why it supplies an overriding moral requirement to establish it regardless of the other powers and risks that jurisdiction creates.

That is the difference between should and must.

If the sole purpose of constitutional design were maximizing the probability that every guilty person receives the punishment he deserves, then your conclusion would follow much more readily.

But that is not the only concern of just government.

A just government must also concern itself with protecting the innocent, preventing usurpation, preserving rightful authority, maintaining civil order, preventing the abuse of coercive power, and resolving disputes over who actually possesses authority.

Those concerns can conflict in practice.

A fallen government cannot maximize every one of them simultaneously.

That is why constitutional structure necessarily involves tradeoffs.

You keep asking what gives another human being the authority to prosecute the king. The answer is precisely the same thing that gives anyone the authority to prosecute anybody else! God has delegated the administration of civil justice to human government. The particular distribution of that authority is a matter of how the government is constituted, and that constitution ought to be consistent with the moral purpose for which government exists.

Agreed again, with one qualification.

The constitution ought to be consistent with the moral purpose of government.

But that does not mean every governmental power that would advance one aspect of that purpose therefore must be created.

Otherwise that principle, standing alone, provides no principled stopping point.

Every additional power capable of preventing or correcting some injustice could be defended on the grounds that justice provides a moral reason for creating it.

But governmental power itself creates opportunities for injustice.

So constitutional design requires more than asking:

Could this power be used justly?

It also requires asking:

What can this power become in the hands of unjust men?

Lastly, your distinction between guilt and jurisdiction is perfectly valid, but it doesn't answer my argument. It merely explains how your proposed arrangement would operate. What I want you to explain is why justice permits us to deliberately establish a government that protects its highest officer from legal accountability for the very crimes that government was established to punish. What makes that arrangement morally just?

And I think this is where everything finally comes together.

The progression is:

1. Justice is objective. Murder deserves punishment.

2. Punishment must nevertheless be administered through rightful authority.

3. Civil government receives punitive authority from God.

4. You have now supplied a real moral reason for constitution-makers to distribute that authority so that even the highest ruler remains reachable.

5. That establishes a genuine moral reason, a prima facie should, but not yet a categorical must.

6. Perfect human administration of justice is impossible in a fallen world. Every governmental structure therefore has failure modes.

7. A constitutional check does not eliminate power. It reallocates power, and that new power creates its own possible injustices.

8.Therefore, unless universal domestic reachability is itself demonstrated to be an absolute requirement of justice, constitutional design necessarily becomes a matter of prudential tradeoffs among competing risks and goods.

9. Only then do we reach the question Bob is actually answering: which arrangement of fallible human rulers is more likely to produce just government?

So I think you've moved the argument forward.

You've gotten from can to a meaningful should.

What I still don't see is the must.

And without that must, pointing to a foreseeable failure mode in Bob's system does not establish that Bob's system is unjust.

It establishes that Bob's system has a tradeoff.

So does yours.
 
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