Doctrine of the Lesser Magistrate
We are our brother's keepers.
I hold in particularly high regard the Doctrine of the Lesser Magistrate. Having grown up in a military family, I was taught that it is not just my duty, but my obligation to not just resist passively but to actively resist unlawful or illegal orders. If I am confronted by a situation, covered by the doctrine of the lesser magistrate, I should disobey the order, report the person that gave the order, and if such an order might be acted on by others to actively engage others to help them to understand that the order was unlawful. If the unlawful order could result in physical harm to someone then I must follow the precepts outlined in the Book of John that there is no greater love than to lay down one’s life for another. For those of you, not familiar with the doctrine, I provide the following primer.
However, before we dig into the doctrine, I think it’s important to recognize that my foundation of the doctrine stems from the fact that all authority is derived from God. Romans 13 stipulates that I should submit to a higher authority because all higher authorities are positioned by God. The notion of higher status is not just an organizational chart idea, but also a moral one, because the person above me in the organization should also be submitting to the Will of God. My authority as the head of the family is derived from His defining the family the way he has. My wife is co-regent in the family, as Christ is co-regent in Heaven. As long as I am submitting to the will of God and fostering favorable relations, and education of my children, I retain that authority. However, if I were to provide an unlawful instruction to my child, my wife, and my child should act according to faith as the lesser magistrates and rebuke me for correction not to depose me.
Introduction:
The Doctrine of the Lesser Magistrate, rooted in the belief that lower-ranking officials should resist commands exceeding delegated authority, finds validation in both biblical teachings and historical precedents. As Thomas Jefferson declared, resisting tyranny is obedience to God, setting the stage for a nuanced exploration of this principle.
Biblical Examples:
The Bible provides several examples of the lesser magistrates. Shadrach, Meshach, and Abednego's defiance of King Nebuchadnezzar's decree is found in the Book of Daniel, specifically in Chapter 3. Daniel's unwavering commitment to prayer, despite King Darius' order, is detailed in Daniel Chapter 6. Rahab's courageous protection of Israelite spies can be traced to the Book of Joshua, Chapter 2. These stories illustrate the Biblical foundation of resisting commands that contradict higher moral or divine authority.
Secular Examples:
Turning to historical examples, the Magna Carta, signed in 1215, marked a pivotal moment where English barons resisted King John's overreach, establishing legal constraints on royal power. In 1550, pastors of Magdeburg issued their “Confession and Defense of the Pastors and Other Ministers of the Church of Magdeburg”, one of the first formal documentations of the Doctrine of the Lesser Magistrate. The Glorious Revolution of 1688 again saw English nobles resisting King James II, leading to constitutional changes.
The American Revolution (1775-1783) against British rule provides another well-documented example, supported by the Declaration of Independence (modeled to some degree on the aforementioned Confessions) and various historical records. The Nuremberg Trials (1945-1946) and the Civil Rights Movement (1950s-1960s) further demonstrate individuals resisting perceived injustices. It is of particular interest that in the last two examples above, both of these cases have ruled out the notion of “I was just following orders,” or the notion of “supreme command.” The use of the “supreme command” argument as a basis for not obeying an unlawful order has been challenged successfully numerous times.
US Legal Examples:
In the realm of US law, the Uniform Code of Military Justice (UCMJ), particularly Article 92, underscores the duty to disobey unlawful orders. The Whistleblower Protection Enhancement Act supports the disclosure of illegal activities by federal employees. The Posse Comitatus Act limits the military's involvement in domestic law enforcement. These legal frameworks reaffirm the importance of resisting orders that violate the law or exceed constitutional boundaries.
Summary:
The Doctrine of the Lesser Magistrate, as exemplified in the Bible, and historical and legal contexts, signifies a moral obligation to resist unjust authority. Thomas Jefferson's assertion that resisting tyranny is obedience to God echoes through these narratives. The multifaceted nature of resistance is encapsulated in the metaphorical trio of the ballot box, the jury box, and the cartridge box, emphasizing the varied means through which individuals can actively oppose and rectify abuses of power. As Christians, we are called to first pray, second supplicate, and third intercede as appropriate to resist tyranny. Intercession is not just with the supposed higher authority that is breaking the law, it is also with the followers who are helping the higher authority break the law.
I write this because, for the first hundred years of America’s history, the church stood on the ground that each and every individual was a lesser magistrate and that they should act in that manner. For the last hundred years or so it feels as if the church has taken to the sanctity of government, misinterpreted Romans 13 to support unlawful government interference in our Christian lives. Paul’s instructions to us were very clear. He said, do not conform yourself to the world, and never allow yourself to be a slave to man again.