Jonathan Lange: Constitutional Duty Requires Officials Who Oppose Evil From Other Government Officials.

Last evening, author Matthew Trewhella stood before a full house in Evanston’s roundhouse to unpack and demystify the Doctrine of the Lesser Magistrates.  

Don’t let the Old English in the title fool you. It is the founding principle of the United States Constitution and of every vibrant civilization since the dawn of time. 

The event was held in honor of the late Jana Williams. She was a well-known and beloved member of the Evanston community and a tireless advocate for liberty in Wyoming’s state GOP. As a home-school mom and principled patriot, she impacted Wyoming state politics in ways that those not yet born will recount with wonder and appreciation. 

Jana’s sudden death in January left a hole in the Evanston community. But the memory of her life also gives us grateful hearts and inspiration to join freedom’s fight. Whether or not she knew of the Doctrine of the Lesser Magistrates, Jana embodied it. 

As Trewhella explained in his opening remarks, what sounds like an Old English, churchy dogma is neither. It guided pagan Greeks and Romans as much as it guided America’s founding fathers.  

Trajan, the pagan Roman emperor, expressed it succinctly when conferring power onto one of his subordinates. 

“Use this sword against my enemies if I give righteous commands,” he said. “But if I give unrighteous commands, use it against me.”  

That’s it in a nutshell. 

But it would be nutty to think that Trajan was inviting random government officials to hack away at emperors and kings. He spoke of the sword as a metaphor for any legitimate government power—from laws and resolutions to prosecutions and jury trials. 

We are not talking about insurrection, assassination or disrespect for government officials. The Doctrine of the Lesser Magistrates is about the proper and measured use of government power by elected and appointed officials at every level. 

Constitutional checks and balances are more than a free-for-all of one person’s interest against another’s. They are powers delegated to officials of lower rank for the express purpose of protecting citizens from unjust laws and decrees.  

This gives every government official—from the dog catcher to the president—the duty to judge between just and unjust and to exercise his office accordingly. This is not just a right to use power however one wishes. Rights are recognized because of the duty given to serve and protect citizens. 

Likewise, the duty to judge between just and unjust—right and wrong—assumes that there is a higher law. For one government official to judge the decree or law of another government official, there must be a law that stands above them both —a law both are required to observe.  

Government officials become tyrannous whenever they make themselves the highest law in the land. And lower government officials have the God-given responsibility to use their powers to protect citizens from such abuse of authority. 

The mild-mannered Trewhella has been painted as a dangerous insurrectionist by those who are either ignorant of his work or who have tyrannical tendencies themselves. Google his name and you can read distorted hit pieces by government media outlets. (No surprise, there.)  

But if you want to understand his basic principle for yourself, you should pick out a copy of his book and read it for yourself.  

“The Doctrine of the Lesser Magistrates: A Proper Resistance to Tyranny and a Repudiation of Unlimited Obedience to Civil Government” does not encourage disgruntled citizens to wield pitchforks and torches. It encourages county clerks, county attorneys, county commissioners, mayors, and town councils to do their God-given duty. 

The closing part of Trewhella’s presentation was eye-opening and encouraging. He gave three recent examples of how wise officials in county governments were able to change the unjust policies of an entire state—sometimes even the nation—just by passing a resolution saying, “no.” 

We saw that happen in Wyoming when some sheriffs stood up and refused to enforce COVID decrees. We should expect this from our governor and legislature when federal agencies—like the EPA and ATF—go beyond their rightfully delegated powers, or when they use them to make Wyoming citizens less safe.  

Higher officials may splutter and rage. They may threaten to withhold gobs of money or drag the state or county into lawfare. Fear not. Like the boy who innocently declared that the emperor’s new clothes were not clothes at all, one word of truth has the power to destroy a thousand lies.  

That’s the genius of America’s founding. That’s the doctrine of the Lesser Magistrates. That’s the way forward when surrounded by tyrannous tendencies. Evanston is extremely grateful to hear such clarity from Pastor Trewhella. All of Wyoming can benefit as well. 

Jonathan Lange is a Lutheran Church—Missouri Synod pastor in Evanston and Kemmerer and serves the Wyoming Pastors Network. Follow his blog at https://jonathanlange.substack.com/. Email: JLange64@protonmail.com.