What Is Constitution Day?

             Families, communities, and America are stronger when parents and children understand the importance of Constitution Day. Constitution Day marks the anniversary of the day that the Framers of the United States Constitution signed what would become the longest-lasting written constitution in history – September 17, 1787, or 234 years ago. The U.S. Constitution is important to Americans, but it is “a common heritage of constitutions around the world” according to President Dallin H. Oaks of the First Presidency of The Church of Jesus Christ of Latter-day Saints. 

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.

            The U.S. “Constitution has endured for 234 years because it was brilliantly conceived and based on the principles of liberty set forth in the Declaration of Independence” according to Larry P. Arnn, President of Hillsdale College.

Dallin H. Oaks and millions of other Americans – including myself – believe that the U.S. Constitution has endured because God inspired it and revealed eternal principles.

The United States Constitution is unique because God revealed that He “established” it “for the rights and protection of all flesh” (Doctrine and Covenants 101:77; see also verse 80) ….

What was God’s purpose in establishing the United States Constitution? We see it in the doctrine of moral agency. In the first decade of the restored Church, its members on the western frontier were suffering private and public persecution. Partly this was because of their opposition to the human slavery then existing in the United States. In these unfortunate circumstances, God revealed through the Prophet Joseph Smith eternal truths about His doctrine.

God has 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. Then, the revelation explains, “every man may be accountable for his own sins in the day of judgment” (Doctrine and Covenants 101:78). “Therefore,” the Lord revealed, “it is not right that any man should be in bondage one to another” (Doctrine and Covenants 101:79). This obviously means that human slavery is wrong. And according to the same principle, it is wrong for citizens to have no voice in the selection of their rulers or the making of their laws.

It is critical for Americans of all ages to understand what the Constitution says and does not say as well as what it does and does not do. I encourage parents to study the U.S. Constitution and to teach the principles found in it – as well as those found in the Declaration of Independence – to their children. When parents teach their children to love and to honor the Constitution of the United States, they can strengthen their family as well as their community and America.

Regulate Commerce

The topic of discussion for this Constitution Monday comes from Article I.8.3: "The Congress shall have Power … To regulate Commerce with foreign Nations." This provision in the Constitution gives Congress the right to represent the citizens of the United States in regulating commerce with foreign nations.

W. Cleon Skousen wrote, "This is an exclusive and sovereign power with nothing reserved to the states. In a technical sense this authority did not have to be granted by the states because it came automatically as a plenary power with the creation of a national government. In other words, it is a power inherent in any sovereign government to deal with foreign nations.
"In 1807-8 President Thomas Jefferson cut off all trade with Europe. This was attacked on the ground that federal regulation must always be to `preserve' commerce, not destroy it. The Supreme Court held that this power is all-inclusive, and the Congress may decide when it is in the public interest to have the President terminate certain foreign commerce" (The Making of America: The Substance and Meaning of the Constitution, p. 400).

Congress has the power to determine what articles can be imported into our nation and the terms of importation. Congress also has the power to ban certain articles from entering the United States. Skousen gave two different examples of items being banned from entering our nation: obscene literature (1843) and spurious or adulterated drugs and adulterated food and liquor (1848). A later ban was placed on opium, lottery tickets, and diseased cattle.

Compensation

The topic of discussion for this Constitution Monday comes from Article I.6.1: “The compensation of Senators and Representatives shall be fixed by law and paid out of the treasury of the United States.” Members of Congress have the right to be paid for their services from the general treasury of the United States.

According to W. Cleon Skousen in The Making of America, the salary for both Senators and Representatives was $6.00 per day in 1789. By 1815 they were being paid $1,500.00 per year. This amount increased gradually until there was a jump from $45,000.00 per year in 1975 to $162,100 per year in 2006.

There is some concern about the fact that Congressmen are empowered to fix their own salaries. It seems to happen that whenever Congressmen vote themselves a raise in salary, they find their political careers at risk.

The salary and benefit packages for Congressmen include salaries, liberal retirement, special government life insurance, special government health insurance, opportunities for federal jobs with high salaries, special tax deductions, travel allowance, funds to hire staff and assistants, free medical care at the Capitol, offices in Washington, D. C. and in key cities at home, and free mailing privileges for official mail.

Journals Published

The topic of discussion for this Constitution Monday comes from Article I.5.3: “The journal of each house shall be published from time to time.” This principle states that the people have the right to have a written record of the business conducted in Congress. A complete record of the proceedings of both the House and the Senate has been published on a daily basis in the Congressional Record since 1873.

Each day members of Congress are given an opportunity to read the complete transcript from the previous day and can make corrections and additions at that time. As in many other things, some members of Congress have taken advantage of this courtesy and have actually changed their remarks to say something different than what they actually said. These members of Congress have damaged the reputation of the Congressional Record.

Journals Kept

The topic of discussion for this Constitution Monday comes from Article I.5.3: “Each house shall keep a journal of its proceedings.” The Founders put this provision into the Constitution because they felt that the people had the right to know what was happening in the House and the Senate.

The purpose for publishing the daily journal of both the House and the Senate is to make sure that the proceedings are public and the members are responsible to the people who elected them. A “Digest” is published because the entire Congressional Record is too voluminous.

Federal Elections

The topic for this Constitution Monday comes from Article I.4.1: "It will be up to the legislature of each state to determine the time, places, and manner in which elections shall be held for federal offices, but the Congress may at any time pass a law to alter such arrangements. An exception was made as to the places of choosing Senators, since they were originally chosen by the state legislatures." This principle provides Rights to both the states and the Congress. States have the Right to schedule elections for federal office, but Congress has the Right to intervene when required by circumstances.

Congress did not act on this provision from 1787 when the Constitution was written until 1842. Congress decided to intervene in 1842 because inequities had developed. Congress decided that states should be divided into congressional districts with one representative elected by the people in that specific district rather than all representatives being elected by the people of the entire state.

Congress intervened again in 1866 to force state legislatures to meet on a specific day to elect Senators to represent them. State legislatures were required to stay in session until they reached a consensus on their Senators.

Congress declared in 1872 that all states would hold their general election on the same day. They selected the Tuesday following the first Monday in November to be the day for all general elections.

In 1899 Congress decided that the use of voting machines was legally acceptable. The Nineteenth Amendment provided that women could vote in general elections, and the Twenty-Sixth Amendment provided that all those eighteen years and older could vote in federal elections.

Because of corruption in state elections, Congress passed bills to make it a federal crime for anyone to vote in a federal election if that person was guilty of false registration, bribery, voting without legal right, intimidation of other voters, interfering with election officials, or making a false report of votes cast.

More Charges?

The topic for this Constitution Monday comes from Article I.3.7: "A person removed from office by impeachment proceedings may still be charged, tried, and punished for any civil or criminal violation of the law which led to his impeachment."
This principle provides the Right to the government of prosecution of crimes as well as removal from office. The impeachment process is simply to remove a convicted offender from office and deny further employment with the federal government. This provision states that an impeached individual can also be tried in a court of law for any crimes committed - just like any other citizen.

Temporary President

The principle of discussion for this Constitution Monday comes from Article I.3.5, "In case the Vice President is not available to preside over the Senate, the Senate will choose one of its own members to serve as president pro tempore." The Senators have the right to elect one of their group to preside over the Senate in the absence of the Vice President. The president pro tempore would lose his or her right to speak and to vote during deliberations in the Senate. He or she would only vote in case of a tie - just as the Vice President would.

Resident of State

The principle for discussion on this Constitution Monday is found in Article I.3.3, "A Senator must be an inhabitant of the state which he is appointed to represent." This provision ensured that the people would be represented by two Senators from their own state and not people who were strangers to their circumstances.