The topic of discussion for this Constitution Monday concerns how to defend and protect the US Constitution. Members of The Church of Jesus Christ of Latter-day Saints believe that God was the inspiration behind the writing of the US Constitution. Therefore, we believe that we have a responsibility to uphold and defend it.
In the
April 2021 General Conference of The Church of Jesus Christ of Latter-day
Saints, President Dallin H. Oaks, then-First Counselor in the First Presidency,
spoke on the topic “Defending Our Divinely Inspired Constitution.” President
Oaks is professionally qualified to speak on this topic because he studied the
Constitution for 60 years. He was a law clerk to the chief justice of the US
Supreme Court, he was a professor of law for 15 years, and he served as a justice
on the Utah Supreme Court for 3.5 years. Most important, he had served at that
time as an apostle of Jesus Christ for 37 years, charged with determining the
meaning of the divinely inspired Constitution to the work of the God’s restored
Church.
Our
belief in divine inspiration gives Latter-day Saints a unique responsibility to
uphold and defend the United States Constitution and principles of
constitutionalism.
In
this troubled time, I have felt to speak about the inspired Constitution of the
United States. This Constitution is of special importance to our members in the
United States, but it is also a common heritage of constitutions around the world.
I. A constitution is the foundation of government. It provides structure and limits
for the exercise of government powers. The United States Constitution is the
oldest written constitution still in force today. Though originally adopted by
only a small number of colonies, it soon became a model worldwide. Today, every
nation except three have adopted written constitutions….
What
was God’s purpose in establishing the United States Constitution? We see it in
the doctrine of moral agency….
God
had given His children moral agency—the power to decide and to act. The most
desirable condition for the exercise of that agency is maximum freedom for men
and women to act according to their individual choices…it is wrong for citizens
to have no voice in the selection of their rulers or the making of their laws.
II. Our belief that the United States Constitution was
divinely inspired does not mean that divine revelation dictated every word and
phrase, such as
the provisions allocating the number of representatives from each state or the
minimum age of each. The Constitution was not “a fully grown document,” said
President J. Reuben Clark. “On the contrary,” he explained, “we believe it must
grow and develop to meet the changing needs of an advancing world.” For
example, inspired amendments abolished slavery and gave women the right
to vote. However, we do not see inspiration in every Supreme Court decision
interpreting the Constitution.
I
believe the United States Constitution contains at least five divinely inspired
principles.
First
is the principle that the source of government power is the people. In a
time when sovereign power was universally assumed to come from the divine right
of kings or from military power, attributing sovereign power to the people was
revolutionary. Philosophers had advocated this, but the United States
Constitution was the first to apply it…. The Constitution established a
constitutional democratic republic, where the people exercise their power
through their elected representatives.
A second inspired principle is the division of delegated
power between the
nation and its subsidiary states. In our federal system, this unprecedented
principle has sometimes been altered by inspired amendments, such as those
abolishing slavery and extending voting rights to women, mentioned earlier.
Significantly, the United States Constitution limits the national government to
the exercise of powers granted expressly or by implication, and it reserves all
other government powers “to the States respectively, or to the people.”
Another inspired principle is the separation of
powers. Well over
a century before our 1787 Constitutional Convention, the English Parliament
pioneered the separation of legislative and executive authority when they
wrested certain powers from the king. The inspiration in the American
convention was to delegate independent executive, legislative, and
judicial powers so these three branches could exercise checks upon one another.
A fourth inspired principle is in the cluster of vital
guarantees of individual rights and specific limits on government authority in
the Bill of Rights, adopted
by amendment just three years after the Constitution went into force. A Bill of
Rights was not new. Here the inspiration was in the practical implementation of
principles pioneered in England, beginning with the Magna Carta….
Without
a Bill of Rights, America could not have served as the host nation for the
Restoration of the gospel, which began just three decades later. There was
divine inspiration in the original provision that there should be no religious
test for public office, but the addition of the religious freedom and
antiestablishment guarantees in the First Amendment was vital. We also see
divine inspiration in the First Amendment’s freedoms of speech and press and in
the personal protections in other amendments, such as for criminal
prosecutions.
Fifth and finally, I see divine inspiration in the
vital purpose of the entire Constitution. We are to be governed by law and not by individuals,
and our loyalty is to the Constitution and its principles and
processes, not to any office holder. In this way, all persons are to be
equal before the law….
III.
Despite the divinely inspired principles of the United States Constitution,
when exercised by imperfect mortals their intended effects have not always been
achieved.
Important
subjects of lawmaking, such as some laws governing family relationships, have
been taken from the states by the federal government. The First Amendment
guarantee of free speech has sometimes been diluted by suppression of unpopular
speech. The principle of separation of powers has always been under pressure
with the ebb and flow of one branch of government exercising or inhibiting the
powers delegated to another.
There
are other threats that undermine the inspired principles of the United States
Constitution. The stature of the Constitution is diminished by efforts to
substitute current societal trends as the reason for its founding, instead of
liberty and self-government. The authority of the Constitution is trivialized
when Candidates or officials ignore its principles. The dignity and force of
the Constitution is reduced by those who refer to it like a loyalty test or a
political slogan, instead of its lofty status as a source of authorization for
and limits on government authority.
IV. Our belief in divine inspiration gives Latter-day
Saints a unique responsibility to uphold and defend the United States
Constitution and principles of constitutionalism wherever we live. We should trust the Lord and be
positive about this nation’s future.
What
else are faithful Latter-day Saints to do? We must pray for the Lord to guide
and bless all nations and their leaders. This is part of our article of faith.
Being subject to presidents or rulers of course poses no obstacle to our
opposing individual laws or policies. It does require that we exercise our
influence civilly and peacefully within the framework of our constitutions and
applicable laws. On contested issues, we should seek to moderate and unify.
There
are other duties that are part of upholding the inspired Constitution. We
should learn and advocate the inspired principles of the Constitution.
We should seek out and support wise and good persons who will support those
principles in their public actions. We should be knowledgeable citizens who are
active in making our influence felt in civic affairs…. [Emphasis added in most paragraphs.]