Friday, October 20, 1995

Part 3: Government - The Constitution

(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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