What Model of Government Should the Founding Fathers Adopt? Sources for Tanakh Teachers, Pre-Election Integration Day, Kohelet Yeshiva High School, 11/3/2016

(14) If, after you have entered the land that the LORD your God has assigned to you, and taken possession of it and settled in it, you decide, “I will set a king over me, as do all the nations about me,” (15) you shall be free to set a king over yourself, one chosen by the LORD your God. Be sure to set as king over yourself one of your own people; you must not set a foreigner over you, one who is not your kinsman. (16) Moreover, he shall not keep many horses or send people back to Egypt to add to his horses, since the LORD has warned you, “You must not go back that way again.” (17) And he shall not have many wives, lest his heart go astray; nor shall he amass silver and gold to excess. (18) When he is seated on his royal throne, he shall have a copy of this Teaching written for him on a scroll by the levitical priests. (19) Let it remain with him and let him read in it all his life, so that he may learn to revere the LORD his God, to observe faithfully every word of this Teaching as well as these laws. (20) Thus he will not act haughtily toward his fellows or deviate from the Instruction to the right or to the left, to the end that he and his descendants may reign long in the midst of Israel.

(3) But his sons did not follow in his ways; they were bent on gain, they accepted bribes, and they subverted justice. (4) All the elders of Israel assembled and came to Samuel at Ramah, (5) and they said to him, “You have grown old, and your sons have not followed your ways. Therefore appoint a king for us, to govern us like all other nations.” (6) Samuel was displeased that they said “Give us a king to govern us.” Samuel prayed to the LORD, (7) and the LORD replied to Samuel, “Heed the demand of the people in everything they say to you. For it is not you that they have rejected; it is Me they have rejected as their king. (8) Like everything else they have done ever since I brought them out of Egypt to this day—forsaking Me and worshiping other gods—so they are doing to you. (9) Heed their demand; but warn them solemnly, and tell them about the practices of any king who will rule over them.” (10) Samuel reported all the words of the LORD to the people, who were asking him for a king. (11) He said, “This will be the practice of the king who will rule over you: He will take your sons and appoint them as his charioteers and horsemen, and they will serve as outrunners for his chariots. (12) He will appoint them as his chiefs of thousands and of fifties; or they will have to plow his fields, reap his harvest, and make his weapons and the equipment for his chariots. (13) He will take your daughters as perfumers, cooks, and bakers. (14) He will seize your choice fields, vineyards, and olive groves, and give them to his courtiers. (15) He will take a tenth part of your grain and vintage and give it to his eunuchs and courtiers. (16) He will take your male and female slaves, your choice young men, and your asses, and put them to work for him. (17) He will take a tenth part of your flocks, and you shall become his slaves. (18) The day will come when you cry out because of the king whom you yourselves have chosen; and the LORD will not answer you on that day.” (19) But the people would not listen to Samuel’s warning. “No,” they said. “We must have a king over us, (20) that we may be like all the other nations: Let our king rule over us and go out at our head and fight our battles.” (21) When Samuel heard all that the people said, he reported it to the LORD. (22) And the LORD said to Samuel, “Heed their demands and appoint a king for them.” Samuel then said to the men of Israel, “All of you go home.”

And so said R. Judah: Three commandments were given to Israel when they entered the land: (a) to appoint a king, (b) to cut off the seed of Amalek, and (c) to build themselves the chosen house. R. Nehorai said: This section was spoken only in anticipation of their future complaints, as it is written, "And you shall say, I will appoint a king over me etc."

It has been taught: R. Eliezer said: The elders of the generation made an appropriate request, as it is written, "Give us a king to judge us." But the am people of the land acted improperly, at it is written, "So that we also may be like all the nations and that our king may judge us and go before us."

It is to appoint over us a king who will gather all our nation and lead us. And that is what it says, "You shall surely place above yourself a king."

To appoint a king among the Jewish people - that we were commanded to appoint upon us a king from Israel...

From the roots of the commandment. I wrote in Parshat Mishpatim regarding the prohibition against [cursing] the prince (Commandment 71), and there I elaborated regarding the value of having a single man above the nation as a head and chief, for the settlement of the people cannot exist without this.

(6) Similarly, he should not be licentious with women. Even if he has only one wife, he may not consort with her at all times as fools do, as it is written, "Do not give your strength to women" (Proverbs 31:3). The Torah shows concern to avoid his becoming distracted, as it is written, "He shall not turn aside his mind [lit. heart]" (Deuteronomy 17:17). For his mind is the mind of the entire congregation of Israel. Therefore, Scripture bids him cleave to the Torah more than [it does] the rest of the people, as it is written, "all the days of his life" (Deuteronomy 17:19).

(14) First Introduction: Behold, it is fitting that we know if a king is a necessary and intrinsically obligatory thing for a nation or whether it is possible without him. And the philosophers already thought that it was [necessary] and that the dominion of a king to a politically organized nation is like the relationship of the heart to the body of a living being that has a heart, and like the relationship of the First Cause to the world more generally. And even though these analysts reason that monarchy ensures three things – the first being unity and the absence of [division], the second being continuity and the lack of [instability], and the third being absolute power – [in fact], their thinking about the obligation and necessity of a king is actually false. [This] since it is not to be denied that there can be many leaders of the people that gather and unite and agree upon one policy and that the leadership and law be according to them – and this goes against the first [claim]. And why should their leadership not be [for] one year or three years like the years of an employee or less? And when the turn of other 'judges and officers' arrives, they will rise instead of them and faithfully investigate the sin of the first ones, and that which they condemn must pay all that they have done badly – and this goes against the second [claim]. And why should their power also not be limited, as with religions and mores [– and this goes against the third claim]. And logic dictates that when an individual [disagrees] with a group, the law follows the group. And it is more likely that the lapse be with one man – as it stated (Proverbs 16:14), “The king’s wrath is a messenger of death” - than it be that the many would trespass when they take counsel together. As if one strays from the path, the others will protest against him. And since their leadership is temporary and they will have to be accountable after a 'few days,' that fear of flesh and blood is upon them. And why do we need to bring theoretical claims for this, as behold, experience trumps modeling: Look and see the lands the leadership of which is with kings, and [by contrast,] today we have seen many lands the leadership of which is is with temporary judges and leaders that are chosen among them and the King God is with them. Their law is refined by ordered limits, and [their leaders] are the ones that control the people that make the matters of war; none can stand in front of them – not from a tribe, and not from his land. Did you not know, did you not hear that a great land governed over the whole world, consumed the whole earth – search it and note it – while its leadership was through the Councils, that were wholesome and many and their leadership was temporary. However, afterward they were made a tributary. And also today, the Commonwealth of Venice, that great mistress among the nations, the rulers over states; and the Country of Florence, the beauty of all the lands; and other countries small and large are run by the mouth of leaders elected for set periods of time. And behold, the elected governments have 'in them nothing perverse or crooked' – no one raises his hand or foot to [do] a wrongful thing – and they conquer lands that are not theirs with wisdom, understanding and knowledge. And all of this shows that the presence of a king is not necessary for a nation, and like the teacher of the Guide (Maimonides) mentioned.

However, we must understand why they feared that someone might leave to another land. And it is understood that this was related to the uniformity that was among them. And since the opinions of people are not identical, they feared that people might abandon this philosophy and adopt another. Therefore they sought to ensure that no one would leave their society. And one who veered from this uniformity among them was judged with burning, just as they did to our forefather Abraham.

You shall surely place. It is an option.