(from a series of letters I wrote in 1995)
The last letter presented the idea that the legitimate function
of government is the protection of life, liberty, and property. To
perform this protective function a government must be give a certain amount
of power. The difficulty lies in controlling and limiting the use
of that power. Here is what Ezra Taft Benson had to say about the
use of government power "I believe it a violation of the Constitution for
government to deprive the individual of either life, liberty, or property
except for these purposes: (a) Punish crime and provide for the administration
of justice; (b) Protect the right and control of property; (c) Wage defensive
war and provide for the nation's defense; (d) Compel each one who enjoys
the protection of government to bear his fair share of the burden of performing
these functions."
Inspired
The constitution was inspired by God. In D&C 101:80
the Lord states "... I established the Constitution of this land, by the
hands of wise men whom I raised up unto this very purpose."
Control of Government Power
The founders of the constitution knew the principle that would
later be taught in D&C 121:39, "We have learned by sad experience that
it is the nature and disposition of almost all men, as soon as they get
a little authority, as they suppose, they will immediately begin to exercise
unrighteous dominion." However, they also knew that a government
must be given power so that it can carry out it's duty to protect life,
liberty, and property. They had fought the war of independence, with
great difficulty, under the Articles of Confederation, because it gave
the federal government almost no authority. So as they set up the
constitution, they knew the government need to have controlled authority.
To control the power, the Constitution created a government that was limited,
distributed, and representative.
Limited: The powers granted to the federal government are
written specifically into the Constitution. Whenever the federal
government acts constitutionally it is possible to state which article,
section, and paragraph of the constitution gives it the authority to act.
Because many people were rightfully concerned that the government would
get out of control, the Bill of Rights was added. The Bill of Rights
does not actually grant rights to the people. It presupposes the
existence of these rights and prohibits the government from infringing
upon them. Amendment nine then says "The enumeration in the Constitution
of certain rights shall not be construed to deny or disparage others retained
by the people." In other words, just because the constitution does
not list a right of the people, this does not mean it does not exist.
And just in case any one misunderstood that the federal government is supposed
to be limited Amendment ten was added that says, "The powers not delegated
to the United States by the Constitution nor prohibited by it to the states,
are reserved to the states respectively, or to the people."
Distributed: The power of the government is supposed to
be distributed in two ways. First, as we learned in school, there
are three branches of government with checks and balances between them.
The second way that government is distributed is between the federal, state,
and local levels. Thomas Jefferson said "The way to have good and
safe government is not to trust it all to one, but to divide it among the
many, distributing to everyone exactly the functions he is competent to.
Let the national government be entrusted with the defense of the nation,
and its foreign and federal relations; the state governments with the civil
rights, laws, police, and administration of what concerns the state generally;
the counties with the local concerns of the counties; and each ward direct
the interest within itself. It is by dividing and subdividing theses
republics from the great national one down through all its subordinations
until it ends in the administration of every man's farm by himself, by
placing under every one what his own eye may superintend, that all will
be done for the best. What has destroyed liberty and the rights of
man in every government which has ever existed under the sun? The
generalization and concentration of all cares and power into one body."
Representative: By voting the People of this country are
given the ability to select who they want to run the government.
This allows the people to direct and control the government. However,
the will of the people can not be allowed to override the proper limited
functions of government. Even if a majority of the people desire
the government to implement an unconstitutional program, it can not legitimately
be done. The constitution created a democratic republic; not a pure
democracy. The right to vote carries with it the responsibility to
make wise choices. A second form of representation is contained in
the right to a trial by jury. If the government creates an unconstitutional
law, then each time it attempts to enforce the law, it must convince 12
jurors that the law should be valid. Thephilus Parsons, a early chief
justice of the Supreme Court of Massachusetts explained it this way: "The
people themselves have it in their power effectually to resist usurpation
without being driven to an appeal to arms. An act of usurpation is
not obligatory; it is no law; and any man may be justified in his resistance.
Let him be considered as a criminal by the general government, yet only
his own fellow citizen can convict him; they are his jury, and if the pronounce
him innocent, not all the powers of Congress can hurt him; and innocent
they certainly will pronounce him, if the supposed law he resisted was
an act of usurpation."
Strayed
Our federal government currently performs many functions that
are beyond the bounds of the authority listed in the constitution.
There are many factors that have contributed to this situation. The
Supreme Court has often interpreted the constitution in ways that were
never intended. The states gave up their check on federal power when
they ratified the 17th amendment. They continue to give up their
autonomy when they accept federal funds. Judges tell juries that
they can not judge the law; they must convict if the law was violated,
even if the law is immoral. The people of this country no longer
understand or care about a limited constitutional government. We
elect whomever promises to give us the biggest piece of the pie.
Most of us either have not read or do not understand the constitution.
I have include a copy of the constitution so that you can read it.
In the next letter I will discus in detail areas where our government has
overstepped its constitutional limits.
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