Michael Hernandez's "Flawed Foundation": A History of Christian Influence on American Law

While the predominant Christian influences upon the early years of our nation are commonly recognized, and while some regularly call for a return of the "Christian Nation," a thorough examination of both the influences of our Christian faith upon early American law and the reasons for the decline of that influence over the decades has been wanting. A recent article by Regent law Professor Michael Hernandez in the Rutgers Law Review, "A Flawed Foundation: Christianity's Loss of Preeminent Influence on American Law," begins to fill that gap. (Although this article is not available on-line directly, the following link should take you to the article on Westlaw if you have Westlaw access.) [Note: Although the article is included in the Spring 2004 issue of the Rutgers Law Review, that is the most recent edition of that journal and I believe the article has just been published.]

In "Flawed Foundation," as the title suggests, Professor Hernandez does not simply harken for the better days of Christian predominance but thoughtfully and critically examines why Christianity lost its preeminent influence on American law. Professor Hernandez lays the blame squarely upon the Christian faithful who, by reason of conflicts within Christianity were unable to provide a firm foundation, and who, through betrayal of Christ's teaching through inhumanity to Native Americans and tolerance of the evils of slavery left the door open for the influence of secular ideologies.

Professor Hernandez concludes the article with these words:

"The liberties Americans enjoy are directly traceable to the influence of Christian principles. The relatively short-lived nature of that influence does not disprove the truth of Christianity. Rather, as the views of the Founders and early leaders of our nation reveal, not everything done in the name of Christianity fairly and truly reflects the faith. Theological abuses undermined Christianity’s influence on American law and politics. The rejection of a full appreciation of the higher law origins of human law, the mistrust of human reason, the embrace of racism and greed, and the wholesale denial of the basic human rights of people created in God's image, all contradict the teachings of Christ.

A triumphal call to return to America’s Christian past would accordingly be misguided. All Americans should be aware of the extent to which authentic Christianity influenced the founding of this nation, and Christians should proudly affirm that aspect of America's heritage. However, unless and until Christian theorists constructively address the history described in this article, including proposing solutions to the continuing problems caused by our nation's failings, Christianity's influence on American law and culture will continue to wane. Christians are called not to whitewash the sins of our forebears, but “[t]o act justly and to love mercy and to walk humbly with [our] God.”

Greg Sisk