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Reading Room ViewPoint Part 1: Social Justice
for B'nei Noach? The following ViewPoint was intended to provoke thought and discussion. Before discussing B'nei Noach's requirement (and ability) to enforce the Law against Idolatry, we first have to examine whether or not B'nei Noach has the ability to keep the Law of Justice in today's American society. I therefore initially ask one question (which you will have to answer for yourself):
This ViewPoint will not attempt to deliver a polemic regarding the Constitution of the United States. Let it suffice us to say that we know the Constitution is not a sacred document. We know it is not Torah. We do know and recognize that it grants us the freedom to study Torah, thank G-d. We know it is an incomplete document, and we know it is subject to various interpretations and amendments. In his book, The Seven Laws of Noah, Dr. Lichtenstein details the general Law (or category) of Justice. The Law of Justice is considered to be a positive mitzvah (commandment) for B'nei Noach. He shows the general commandment embracing twenty specific mitzvot - five positive commandments and fifteen negative commandments (so why is this a positive rather than a negative mitzvah?). Concerning the Law of Justice, we are initially required to construct a judicial system. The Law of Justice mandates that we are ". . . to appoint judges and officers in each and every community."(Positive 176) Over fifty-percent of the Law of Justice's specific mitzvot deal directly with the judge's responsibilities. Focusing in on the crux of the matter, we find our current Judicial System at odds with the Torah's prescribed system of jurisprudence. Nowhere in the Torah do we find the prescription for a jury system. Although the exact origin of the jury system is not known, one can trace its beginnings to the 12th century and the medieval common law system of England. The jury system naturally found its way into the American judicial system; the thirteen British colonies on the eastern seaboard of North America belonged their parent country, Great Britain, until the American Revolution (1776-83). The Constitution of the United States was drafted by the Constitutional Convention of May 25 - September 17, 1787. It became effective in 1789, following its ratification by conventions in two-thirds of the states, as provided in the Constitution. Interestingly, Article III of the Constitution does not even mention a jury system of our peers. In fact, Article III; Section I states: " The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior..." The 10th Amendment of the Constitution (the first ten Amendments were ratified on December 15, 1791, and form what is known as the Bill of Rights) reserves to the states (or the people) those powers not delegated or prohibited to the federal government. This establishes a basis for subsequent judicial interpretations of the Constitution, thereby limiting the power of the federal government. It is at the State level where we have the ability to change our current legal system. Indeed, we can introduce and vote for legislation to change and revamp our entire legal system. But this does not completely answer the question, "Does the Constitution of the United States of America permit B'nei Noach to prescribe mandatory observance of this mitzvah to all Americans?" This requires us to look at the First Amendment, which says, in part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." The First Amendment appears to be the stumbling block which prohibits B'nei Noach from prescribing mandatory observance of the Law of Justice (as well as the other six Laws). To be continued next month . . . Back to the Reading Room
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