Families, communities, and
nations are strengthened when family members reunite to strengthen bonds and to
enjoy each other’s company. It is time once again for the reunion for my
parents’ posterity. Since the theme of the reunion is patriotic, some members
of the family decided that I should make a presentation as part of a larger
program. To fulfill this responsibility, I put together the following
presentation.
I introduce my presentation by
explaining why I began studying about government and the Constitution in the
first place. After the 2008 presidential election, I began to feel concerns for
the future of our nation. As a result of these concerns I embarked on a study
of the U.S. Constitution, government, etc. From what I was seeing and hearing
in current events as well as what I was studying about how the government
should work, I feared a possible question from my grandchildren and
great-grandchildren. The question that so frightened me was: “What were you
doing while the U.S. Constitution was being destroyed?”
I felt a great need to share my new
knowledge and understanding with my family, but I did not know how to do it. In
May 2009 I began to feel promptings to write a blog in order to share this
information. Since I knew nothing about how to set up a blog and had little
writing experience, I procrastinated for several months. By September 2009 the
promptings were so strong that I knew that I could no longer ignore them. So I
set up a blog and started posting.
This September will begin my ninth
year of writing a blog, and I continue my blog for the same reason that I
started it. I do not worry about who may read my blog or how many followers I
have. I assume that what I write is being found by those people who need the
information.
During the past eight years I have
read many books and articles in an effort to gain needed knowledge and then
attempted to share that information with other people. I have probably
forgotten most of what I learned, but I have retained basic understanding in
some areas. I believe that following three topics are important information for
all Americans.
I. There is a relationship
or connection between the Declaration of Independence and the U.S. Constitution.
According to Rob Natelson at IndependenceInstitute.Org, the “Declaration is a statement based on natural
law” – law that “consists of fundamental principles of justice and right.”
Religious people believe natural law comes from God, and “Atheists who believe
in natural law … view it as a collection of rules inherent in the way the
universe works.”
Natelson continues his explanation
of natural law: “The men who approved the Declaration” believed that their
natural rights came from God. They believed the following:
(1)
people have equal dignity before God, (2) God grants people rights or powers,
some of which are transferable (alienable) and others not transferable
(inalienable or unalienable),
(3)
government is erected primarily to protect people’s rights, (4) government is a
fiduciary enterprise, subject to rules of public trust, and (5) the people may
alter government when it does not serve their purposes.”
According to Natelson, “The
Constitution … is a statement of positive
law. Positive law consists of rules enforceable by governmental authority.
There are many positive laws, but the Constitution was designed to be the
supreme positive law.
“The Founders believed that in a
perfect world, positive law would be the same as natural law. In an imperfect
world that is impossible, but we should try to make positive law approximate
natural law as closely as feasible.”
The Preamble to the Constitution is
basically a summary of what its writers wanted the document to accomplish: They
wanted it to bring more unity to their new nation; they wanted it to provide justice
for every person; they wanted it to bring peace to the people; they wanted it
to bring the ability to fund a military to defend the nation, and they wanted
it to bring prosperity to all citizens. In short, they wanted it to bring the
blessings of freedom for themselves as well as all following generations.
II. God was
behind the writing of the Constitution.
In many places in the Book of
Mormon, the writers state that God preserved and protected the American
continents as a land “choice above all the lands of the earth” (Ether 13:42). The writers also tell us that the safety and prosperity of Americans lies in righteousness. The Book of Mormon tells us that Nephi saw a vision of the coming of Columbus, Pilgrims, and others to America, the Revolutionary
War, and the success of the Americans in gaining independence from Great
Britain. Of course, Nephi did not name the people or events as I have done, but
any serious student can understand what Nephi saw.
We read in the Doctrine and
Covenants that God established “the laws and constitution of the people” and
commanded that the Constitution be “maintained for the rights and protection of
all flesh, according to just and holy principles.” We also read that God “established
the Constitution of this land, by the hands of wise men whom [He] raised up
unto this very purpose, and redeemed the land by the shedding of blood”
(D&C 101:77, 80).
Even though the
Constitution was inspired of God, not every word is divine in nature.
The writers of the Constitution
were wise men, but they were not prophets. The Constitution was inspired, but
it is not scripture even though some of it sounds scriptural. The Constitution
came about after much debate and compromise between learned and wise men.
The February 1992 Ensign has an article by Elder Dallin H.
Oaks titled “The Divinely Inspired Constitution.” and gave a list of five fundamental
principles that were inspired.
1. Separation
of powers. The inspiration for separation of powers came long before
the writing of the Constitution. The idea of separation of powers had been
around for at least 100 years and was well established in the American colonies.
The various colonies adopted constitutions during the Revolution that “distinguished
between the executive, legislative, and judicial functions.”
“The inspiration in the convention was
in its original and remarkably successful adaptation”
of this “idea of separation of powers to the practical needs of a national
government. The delegates found just the right combination to assure the integrity
of each branch, appropriately checked and balanced with the others.”
2. A
written bill of rights. Again, the idea of a Bill of Rights was not
new. Nearly 600 years before the Constitution, the Magna Charta “contained a
written guarantee of some rights for certain” subjects.” Elder Oaks says that the
“inspiration was in the brilliant, practical implementation of preexisting
principles.”
“I have always felt that the United
States Constitution’s closest approach to scriptural stature is in the phrasing
of our Bill of Rights. Without the free exercise of religion, America could not
have served as the host nation for the restoration of the gospel, which began
just three decades after the Bill of Rights, was ratified. I also see
scriptural stature in the concept and wording of the freedoms of speech and
press, the right to be secure against unreasonable searches and seizures, the
requirement that there must be probable cause for an arrest and that accused
persons must have a speedy and public trial by an impartial jury, and the
guarantee that a person will not be deprived of life, liberty, or property
without due process of law.”
Before I leave Elder Oaks’ words on the
topic of the Bill of Rights and move on to his next principle, I want to
clarify that the Bill of Rights was written because the people were afraid that
their new government would become a tyrant, such as the king from which they
had just won independence. It is important for all to understand that we have the
Bill of Rights to protect us from our own government!
The Second Amendment, the right to
own and use guns, is apparently the most dominant one because it is the power
that protects the other rights. Once a government takes away the freedom to use
guns for self-protection, the government can do whatever it pleases. This is
the main reason for the assault on the Second Amendment.
If you do not believe that there is
an assault on the Second Amendment, Oregon’s House and Senate just passed a bill that allows the “confiscation of an individual’s firearms. [The law]
creates an Extreme Risk Protection Order, which forces the subject of the order
to hand over all firearms, as well as his concealed carry permit if he possesses
one.” The Oregon bill is based on a California law and allows a judge to decide
“whether guns should be taken from [the individual] without due process of the
law.”
3. Division
of powers. “Another inspired fundamental of the U.S. Constitution is
its federal system, which divides government powers between the nation and the
various states. Unlike the inspired adaptations mentioned earlier, this
division of sovereignty was unprecedented in theory or practice. In a day when
it is fashionable to assume that the government has the power and means to
right every wrong, we should remember that the U.S. Constitution limits the
national government to the exercise of powers expressly granted to it [by the
Tenth Amendment]. This principle of limited national powers, with all residuary
powers reserved to the people or to the state and local governments, which are
most responsive to the people, is one of the great fundamentals of the U.S.
Constitution.
“The particular powers that are reserved
to the states are part of the inspiration. For example, the power to make laws
on personal relationships is reserved to the states. Thus, laws of marriage and
family rights and duties are state laws.”
4. Popular
sovereignty. “Perhaps the most important of the great fundamentals of
the inspired Constitution is the principle of popular sovereignty: The people
are the source of government power. Along with many religious people,
Latter-day Saints affirm that God gave the power to the people, and the people
consented to a constitution that delegated certain powers to the government….
The sovereign power is in the people. I believe this is one of the great
meanings in the revelation which tells us that God established the Constitution
of the United States, `That every man may act … according to the moral agency
which I have given unto him, that every man may be accountable for his own sins
in the day of judgment. Therefore, it is not right that any man should be in
bondage one to another. And for this purpose have I established the
Constitution of this land.’ (D&C 101:78-80.)
"In other words, the most desirable
condition for the effective exercise of God-given moral agency is a condition
of maximum freedom and responsibility. In this condition men are accountable
for their own sins and cannot blame their political conditions on their bondage to a king or a tyrant. This
condition is achieved when the people are sovereign, as they are under the
Constitution God established in the United States. From this it follows that
the most important words in the United States Constitution are the words in the
preamble: `We the people of the United States … do ordain and establish this
Constitution.’ …
"Popular sovereignty necessarily implies popular responsibility…”
5. The rule of law and
not of men. “Further, there is divine inspiration in the fundamental
underlying premise of this whole constitutional order. All the blessings
enjoyed under the United States Constitution are dependent upon the rule of
law. … The rule of law is the basis of liberty.”
The U.S. Constitution was the first
written constitution in the world, and it is the pattern for the constitutions
in many other nations. It was written 230 years ago, and it is still relevant.
It is the Supreme Law of our land and should be followed. It includes
instructions on how to amend it if necessary. In more than 200 years, it has
been amended only 27 times. I
encourage all of my readers to embark on a study of the U.S. Constitution and
join the effort to protect and preserve it for many generations to come.
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