Rev. Keister, the issue is that the Confession doesn't say that there is an element of the CoW in the Mosaic covenant. All it says is that the law was given. Was not the law also given by Christ and his apostles? In the new covenant, is there not an element of law (i.e., the law has a place in regard to good works/sanctification)? If so, then following your logic, there's an element of the CoW in the new covenant (if wherever law is there is also an element of CoW). I agree, though, that those outside of faith are still under the penalty of the broken CoW, and I agree that the law serves a prominent role in the Mosaic covenant, but I don't see the Confession anywhere saying that the Mosaic covenant is an republication of the CoW (I think that's reading into the Confession something that isn't there, IMHO).

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Casey Bessette
Westminster OPC • West Suburbs of Chicago • My Blog: Paradise Regained

"It is part of the calling of the ekklesia to learn to know the love of Christ that surpasses all knowledge and also to make known within the world of science 'the manifold wisdom of God' in order that the final end of theology, as of all things, may be that the name of the Lord is glorified. Theology and dogmatics, too, exist for the Lord's sake." — Herman Bavinck, Reformed Dogmatics, vol. 1, p. 46