Albert Barnes Commentary Psalms 94:20

"Shall the throne of wickedness have fellowship with thee, Which frameth mischief by statute?" — Psalms 94:20 (ASV)

Shall the throne of iniquity - The throne established in iniquity, or sustaining iniquity. The allusion is probably to what was referred to in the former part of the psalm—the powers that were spreading desolation through the land—wicked princes or rulers (Psalms 94:3–7). Their thrones were established on evil; they defended wickedness and wrong by their authority; they abused their power and employed it to overthrow the rights of others. The phrase would be applicable to any unjust government, or to any laws that are designed to uphold that which is wrong. Such are all the laws which authorize or uphold slavery, gambling, lotteries, the traffic in intoxicating drinks, etc.

Have fellowship with thee - With God. Shall they be united with you; be sustained by you; be regarded as a part of your administration? Will you sanction them? Will you give to them your patronage, as if they met with your approval? The Hebrew word means to be associated with, or allied to, and would be properly applied to a partnership, or anything where there is fellowship or alliance. The interrogative form here strongly implies that this cannot be. Such laws—such purposes—cannot be in accordance with the laws and authority of God; or, in other words, God does not sit on the same throne with those who authorize and by law sustain slavery, intemperance, and gambling. There can be no partnership here.

Which frameth mischief by a law - The word rendered “mischief” usually means labor, toil; and then, trouble, vexation, sorrow. It may, however, be used to denote evil of any kind—crime, or wrong. The word rendered “frameth” means to form, to fashion, to make, as a potter does clay (Genesis 2:7–8, Genesis 2:19); or as a workman does statues (Isaiah 44:9–10, Isaiah 44:12); or as one makes weapons (Isaiah 54:17).

It is often applied to God as the Creator. See the notes at (Psalms 94:9): he that formed the eye. The word law here means a rule or statute; and the idea is, that the iniquity referred to was not the result of an irregular and fitful impulse, or of passion, of sudden excitement, or of mere “will” in a particular case, but was reduced to statute and sustained by law. The expression would apply to all those cases where evil is upheld by the government or by civil authority, or where those who are engaged in it can plead in their defense the sanction of law. The statement here is, that such acts cannot have fellowship with God, or receive His approval. It is an insult to God to suppose that He has ever appointed legislators or magistrates for the purpose of making or upholding such enactments.

Yet, many such laws exist in the world. A primary reason it is so difficult to remove evils like those mentioned above is that they are sustained by law. Consequently, those who hold slaves, open gambling-houses, or sell intoxicating drinks can plead the authority of the law. In other words, the laws have done all they can to place such activities on the same level as those that ought to be protected by statute.

Many a man in his business looks no further than to the laws of the land. If he has their sanction, any attempt to induce him to abandon a business that leads to oppression, or that scatters woe and sorrow through a community, is in vain.