Wednesday, August 26, 2009

A Witness and a Warning

Ezra Taft Benson, “A Witness and a Warning,” Ensign, Nov 1979, 31
The Lord has declared this “a day of warning, and not a day of many words” (D&C 63:58). My message is a witness and warning about some of the evils which threaten America—a land I love with all my heart. There are other countries with this same problem. You who have seen these dangers in the land you love will have a deep feeling for what I will say.

America is a place of many great events. Here is where Adam dwelt, where the Garden of Eden was located. America was the place of former civilizations, including Adam’s, the Jaredites’, and Nephites’. America is also the place where God the Father and His Son, Jesus Christ, appeared to Joseph Smith, inaugurating the last gospel dispensation on earth before the Savior’s second coming.

This consecrated land has been placed under the everlasting decree of God. That decree is recorded in the sacred Book of Mormon, a new witness for Christ, in these words:

“For behold, this is a land which is choice above all other lands; wherefore he that doth possess it shall serve God or shall be swept off; for it is the everlasting decree of God. …

“Behold, this is a choice land, and whatsoever nation shall possess it shall be free from bondage, and from captivity, and from all other nations under heaven, if they will but serve the God of the land, who is Jesus Christ” (Ether 2:10, 12).

The eventful destiny of America has also been revealed to God’s prophets. To Joseph Smith the Lord revealed that “the whole of America is Zion itself from north to south” (Teachings of the Prophet Joseph Smith, sel. Joseph Fielding Smith, Salt Lake City: Deseret Book Company, 1938, p. 362). Further, the Lord decreed this land to be “the place of the New Jerusalem, which should come down out of heaven, … the holy sanctuary of the Lord” (Ether 13:3). To serve God’s eternal purposes and to prepare this land for Zion, God “established the Constitution of this land, by the hands of wise men whom [He] raised up … and redeemed the land by the shedding of blood” (D&C 101:80).

The Constitution of the United States was ratified in 1789. The priesthood of God was restored in 1829. Between those two dates is an interval of forty years. It is my conviction that God, who knows the end from the beginning, provided that period of time so the new nation could grow in strength to protect the land of Zion.

In the decade prior to the restoration of the gospel, many countries of South America fought wars of independence to free themselves from European rule. Russia, Austria, and Prussia, however, urged France to aid Spain and Portugal to restore their monarchies in South America. This effort was repulsed by a proclamation from the United States government known as the Monroe Doctrine. The heart of the Monroe Doctrine consists of these words: “The American continents … are henceforth not to be considered as subjects for future colonization by any European powers.”

The Lord had promised, “I will fortify this land against all other nations” (2 Ne. 10:12). President Joseph Fielding Smith said that “the greatest and most powerful fortification in America is the ‘Monroe Doctrine.’ … It was the inspiration of the Almighty which rested upon John Quincy Adams, Thomas Jefferson and other statesmen, and which finally found authoritative expression in the message of James Monroe to Congress in the year 1823” (The Progress Of Man, Salt Lake City: Deseret Book Co., pp. 466–67).

Thus, in that four-decade period the United States had grown to sufficient strength that she was able to provide a cradle of liberty for the restored Church of Jesus Christ.

But whenever the God of heaven reveals His gospel to mankind, Satan, the archenemy to Christ, introduces a counterfeit.

Isaiah foresaw the time when a marvelous work and a wonder would come forth among men. Isaiah also predicted there would be those who would “seek deep to hide their counsel from the Lord, and their works are in the dark, and they say, Who seeth us?” He saw the time when the work shall say of him that made it, “He made me not” (Isa. 29:15–16).

It is well to ask, what system established secret works of darkness to overthrow nations by violent revolution? Who blasphemously proclaimed the atheistic doctrine that God made us not? Satan works through human agents. We need only look to some of the ignoble characters in human history who were contemporary to the restoration of the gospel to discover fulfillment of Isaiah’s prophecy. I refer to the infamous founders of Communism and others who follow in their tradition.

Communism introduced into the world a substitute for true religion. It is a counterfeit of the gospel plan. The false prophets of Communism predict a utopian society. This, they proclaim, will only be brought about as capitalism and free enterprise are overthrown, private property abolished, the family as a social unit eliminated, all classes abolished, all governments overthrown, and a communal ownership of property in a classless, stateless society established.

Since 1917 this godless counterfeit to the gospel has made tremendous progress toward its objective of world domination.

Today, we are in a battle for the bodies and souls of man. It is a battle between two opposing systems: freedom and slavery, Christ and anti-Christ. The struggle is more momentous than a decade ago, yet today the conventional wisdom says, “You must learn to live with Communism and to give up your ideas about national sovereignty.” Tell that to the millions—yes, the scores of millions—who have met death or imprisonment under the tyranny of Communism! Such would be the death knell of freedom and all we hold dear. God must ever have a free people to prosper His work and bring about Zion.

I am a witness to nations and people deprived of their freedom. I was there. I watched that great Iron Curtain drop around nations which formerly had prized their freedom—good people. I was aghast as these were written off by the stroke of a pen. I saw Poland abandoned by nations with a heritage of freedom—the United States and Great Britain.

I was in Warsaw in June of 1946. I shared a room with seven other men in the Polonia Hotel, the only hotel even partially intact in the great city of Warsaw. Our ambassador, Bliss Lane, had his office in part of the building. He was so saddened that he resigned and wrote the book I Saw Poland Betrayed, which detailed the failure of the United States and England to keep their promise that the Poles would have a free election after the war.

I saw firsthand our great nation stand by at the time of the Hungarian revolution—when “freedom fighters” with bare hands and stones resisted bullets, tanks, and artillery. I confess I was ashamed at the response of my country—a nation which I believe the Lord intended to be an ensign of freedom to all others. Freedom did not die that day (23 October 1956) for Hungary alone. Hope died for many in other captive nations and has only recently been somewhat revived by courageous men willing to speak against oppression.

Since that day, I have seen the Soviet Union, under its godless leaders, spread its ideology throughout the world. Every stratagem is used—trade, war, revolution, violence, hate, detente, and immorality—to accomplish its purposes. Many nations are now under its oppressive control. Over one billion people—one-fourth of the population of the world—have now lost their freedom and are under Communist domination. We seem to forget that the great objective of Communism is still world domination and control, which means the surrender of our freedom—your freedom—our sovereignty.

On 3 July 1936, the First Presidency published this warning to Church members:

“Communism is not a political party nor a political plan under the Constitution; it is a system of government that is the opposite of our Constitutional government. …

“Since Communism, established, would destroy our American Constitutional government, to support Communism is treasonable to our free institutions, and no patriotic American citizen may become either a Communist or supporter of Communism. …

“We call upon all Church members completely to eschew [shun] Communism. The safety of our divinely inspired Constitutional government and the welfare of our Church imperatively demand that Communism shall have no place in America” (signed: Heber J. Grant, J. Reuben Clark, Jr., David O. McKay, The First Presidency, in Deseret News, 3 July 1936; italics added).


More recently, President Marion G. Romney, in the First Presidency Message in the September 1979 Ensign, wrote: “Communism is Satan’s counterfeit for the gospel plan, and … it is an avowed enemy of the God of the land. Communism is the greatest anti-Christ power in the world today and therefore the greatest menace not only to our peace but to our preservation as a free people. By the extent to which we tolerate it, accommodate ourselves to it, permit ourselves to be encircled by its tentacles and drawn to it, to that extent we forfeit the protection of the God of this land” (p. 5).

The truth is, we have to a great extent accommodated ourselves to Communism—and we have permitted ourselves to become encircled by its tentacles. Though we give lip service to the Monroe Doctrine, this has not prevented Cuba from becoming a Soviet military base, ninety miles off our coastline, nor has it prevented the takeover of Nicaragua in Central America, the surrender of the Panama Canal, or the infiltration by enemy agents within our American borders.

Never before has the land of Zion appeared so vulnerable to so powerful an enemy as the Americas do at present. And our vulnerability is directly attributable to our loss of active faith in the God of this land, who has decreed that we must worship Him or be swept off. Too many Americans have lost sight of the truth that God is our source of freedom—the Lawgiver—and that personal righteousness is the most important essential to preserving our freedom. So, I say with all the energy of my soul that unless we as citizens of this nation forsake our sins, political and otherwise, and return to the fundamental principles of Christianity and of constitutional government, we will lose our political liberties, our free institutions, and will stand in jeopardy before God.

No nation which has kept the commandments of God has ever perished, but I say to you that once freedom is lost, only blood—human blood—will win it back.

There are some things we can and must do at once if we are to stave off a holocaust of destruction.

First: We must return to worship the God of this land, who is Jesus Christ.
He has promised that the righteous will be preserved by His power (see 1 Ne. 22:17). But we must keep the commandments of God. We must pay our tithes and offerings, keep the Sabbath day a holy day, stay morally clean, be honest in all our dealings, and have our family and personal prayers. We must live the gospel.

Second: We must awaken to “a sense of [our] awful situation, because of this secret combination which [is] among [us]” (Ether 8:24). We must not tolerate accommodation with or appeasement toward the false system of Communism. We must demand of our elected officials that we not only resist Communism, but that we will take every measure to prevent its intrusion into this hemisphere. It is vital that we invoke the Monroe Doctrine.

Then we must put our trust in Him who has promised us His protection—and pray that He will intervene to preserve our freedom just as He intervened in our obtaining it in the first place.

Third: We must do as the Lord commanded us by revelation in 1833: “Wherefore, honest men and wise men should be sought for diligently, and good men and wise men ye should observe to uphold; otherwise whatsoever is less than these cometh of evil” (D&C 98:10).

Men who are wise, good, and honest, who will uphold the Constitution of the United States in the tradition of the Founding Fathers, must be sought for diligently. This is our hope to restore government to its rightful role.

Last: We must study the inspired Constitution and become involved in the political process ourselves.
I quote the First Presidency statement that was read in sacrament meetings on Sunday, 1 July 1979: “We encourage all members, as citizens of the nation, to be actively involved in the political process, and to support those measures which will strengthen the community, state, and nation—morally, economically, and culturally” (Letter from the First Presidency, 29 June 1979).

I fully believe that we can turn things around in America if we have the determination, the morality, the patriotism, and the spirituality to do so.

My single-minded concern is for the freedom and welfare of my countrymen and my posterity, the freedom of all men.

I testify to you that God’s hand has been in our destiny. I testify that freedom as we know it today is being threatened as never before in our history. I further witness that this land—the Americas—must be protected, its Constitution upheld, for this is a land foreordained to be the Zion of our God. He expects us as members of the Church and bearers of His priesthood to do all we can to preserve our liberty.

May God bless us that, with His help, we will not fail to bring to pass His purposes on earth. In the name of Jesus Christ, amen.

Tuesday, August 18, 2009

A Socialist's critique of Socialism

I have been reading “The Naked Communist” by Skousen. Very scary considering what we are going through. One quote was very fitting:

A leading Socialist in Britain, Professor W. Arthur Lewis, openly acknowledged that socialism had been a great disappointment in England: “What has been done…is to transfer property not to the workers but to the Government. Workers continue to be employees, subject to all the frustrations of working under orders in large undertakings…Those who expected nationalization to raise wages have…been disappointed…It does not solve the problem of labor relations: it reduces private wealth…it raises unsolved problems of control; and it raises the issue of how much power we want our Government to have.”
“U.S. News and World Report,” “Socialist Sour on Socialism,” July 8, 1955, p. 48

Sunday, August 16, 2009

The Divinely Inspired Constitution

By Elder Dallin H. Oaks
Of the Quorum of the Twelve

"Not long after I began to teach law, an older professor asked me a challenging question about Latter-day Saints’ belief in the United States Constitution. Earlier in his career he had taught at the University of Utah College of Law. There he met many Latter-day Saint law students. “They all seemed to believe that the Constitution was divinely inspired,” he said, “but none of them could ever tell me what this meant or how it affected their interpretation of the Constitution.” I took that challenge personally, and I have pondered it for many years.

I hope I will not be thought immodest if I claim a special interest in the Constitution. As a lawyer and law professor for more than twenty years, I have studied the United States Constitution. As legal counsel, I helped draft the bill of rights for the Illinois constitutional convention of 1970. And for three and one-half years as a justice of the Utah Supreme Court I had the sworn duty to uphold and interpret the constitutions of the state of Utah and the United States. My conclusions draw upon those experiences and upon a lifetime of studying the scriptures and the teachings of the living prophets. My opinions on this subject are personal and do not represent a statement in behalf of The Church of Jesus Christ of Latter-day Saints.

Creation and Ratification

The United States Constitution was the first written constitution in the world. It has served Americans well, enhancing freedom and prosperity during the changed conditions of more than two hundred years. Frequently copied, it has become the United States’ most important export. After two centuries, every nation in the world except six have adopted written constitutions, and the U.S. Constitution was a model for all of them. No wonder modern revelation says that God established the U.S. Constitution and that it “should be maintained for the rights and protection of all flesh, according to just and holy principles.” (D&C 101:77.)

George Washington was perhaps the first to use the word miracle in describing the drafting of the U.S. Constitution. In a 1788 letter to Lafayette, he said:

“It appears to me, then, little short of a miracle, that the delegates from so many different states (which states you know are also different from each other in their manners, circumstances, and prejudices) should unite in forming a system of national Government, so little liable to well-founded objections.”

It was a miracle. Consider the setting.

The thirteen colonies and three and one-half million Americans who had won independence from the British crown a few years earlier were badly divided on many fundamental issues. Some thought the colonies should reaffiliate with the British crown. Among the majority who favored continued independence, the most divisive issue was whether the United States should have a strong central government to replace the weak “league of friendship” established by the Articles of Confederation. Under the Confederation of 1781, there was no executive or judicial authority, and the national Congress had no power to tax or to regulate commerce. The thirteen states retained all their sovereignty, and the national government could do nothing without their approval. The Articles of Confederation could not be amended without the unanimous approval of all the states, and every effort to strengthen this loose confederation had failed.

Congress could not even protect itself. In July 1783, an armed mob of former Revolutionary War soldiers seeking back wages threatened to take Congress hostage at its meeting in Philadelphia. When Pennsylvania declined to provide militia to protect them, the congressmen fled. Thereafter Congress was a laughingstock, wandering from city to city.

Unless America could adopt a central government with sufficient authority to function as a nation, the thirteen states would remain a group of insignificant, feuding little nations united by nothing more than geography and forever vulnerable to the impositions of aggressive foreign powers. No wonder the first purpose stated in the preamble of the new United States Constitution was “to form a more perfect union.”

The Constitution had its origin in a resolution by which the relatively powerless Congress called delegates to a convention to discuss amendments to the Articles of Confederation. This convention was promoted by James Madison and Alexander Hamilton, two farsighted young statesmen still in their thirties, who favored a strong national government. They persuaded a reluctant George Washington to attend and then used his influence in a letter-writing campaign to encourage participation by all the states. The convention was held in Philadelphia, whose population of a little over 40,000 made it the largest city in the thirteen states.

As the delegates assembled, there were ominous signs of disunity. It was not until eleven days after the scheduled beginning of the convention that enough states were represented to form a quorum. New Hampshire’s delegation arrived more than two months late because the state had not provided them travel money. No delegates ever came from Rhode Island.

Economically and politically, the country was alarmingly weak. The states were in a paralyzing depression. Everyone was in debt. The national treasury was empty. Inflation was rampant. The various currencies were nearly worthless. The trade deficit was staggering. Rebelling against their inclusion in New York State, prominent citizens of Vermont had already entered into negotiations to rejoin the British crown. In the western territory, Kentucky leaders were speaking openly about turning from the union and forming alliances with the Old World.

Instead of reacting timidly because of disunity and weakness, the delegates boldly ignored the terms of their invitation to amend the Articles of Confederation and instead set out to write an entirely new constitution. They were conscious of their place in history. For millennia the world’s people had been ruled by kings or tyrants. Now a group of colonies had won independence from a king and their representatives had the unique opportunity of establishing a constitutional government Abraham Lincoln would later describe as “of the people, by the people, and for the people.”

The delegates faced staggering obstacles. The leaders in the thirteen states were deeply divided on the extent to which the states would cede any power to a national government. If there was to be a strong central government, there were seemingly irresolvable differences on how to allocate the ingredients of national power between large and small states. As to the nature of the national executive, some wanted to copy the British parliamentary system. At least one delegate even favored the adoption of a monarchy. Divisions over slavery could well have prevented any agreement on other issues. There were 600,000 black slaves in the thirteen states, and slavery was essential in the view of some delegates and repulsive to many others.

Deeming secrecy essential to the success of their venture, the delegates spent over three months in secret sessions, faithfully observing their agreement that no one would speak outside the meeting room on the progress of their work. They were fearful that if their debates were reported to the people before the entire document was ready for submission, the opposition would unite to kill the effort before it was born. This type of proceeding would obviously be impossible today. There is irony in the fact that a constitution which protects the people’s “right to know” was written under a set of ground rules that its present beneficiaries would not tolerate.

It took the delegates seven weeks of debate to resolve the question of how the large and small states would be represented in the national congress. The Great Compromise provided a senate with equal representation for each state, and a lower house in which representation was apportioned according to the whole population of free persons in the state, plus three-fifths of the slaves. The vote on this pivotal issue was five states in favor and four against; other states did not vote, either because no delegates were present or because their delegation was divided. Upon that fragile base, the delegates went forward to consider other issues, including the nature of the executive and judicial branches, and whether the document should include a bill of rights.

It is remarkable that the delegates were able to put aside their narrow sectional loyalties to agree on a strong central government. Timely events were persuasive of the need: the delegates’ memories of the national humiliation when Congress was chased out of Philadelphia by a mob, the recent challenge of Shay’s rebellion against Massachusetts farm foreclosures, and the frightening prospect that northern and western areas would be drawn back into the orbit of European power.

The success of the convention was attributable in large part to the remarkable intelligence, wisdom, and unselfishness of the delegates. As James Madison wrote in the preface to his notes on the Constitutional Convention:

“There never was an assembly of men, charged with a great and arduous trust, who were more pure in their motives, or more exclusively or anxiously devoted to the object committed to them.” Truly, the U.S. Constitution was established “by the hands of wise men whom [the Lord] raised up unto this very purpose.” (D&C 101:80.)

The drafting of the Constitution was only the beginning. By its terms it would not go into effect until ratified by conventions in nine states. But if the nation was to be united and strong, the new Constitution had to be ratified by the key states of Virginia and New York, where the opposition was particularly strong. The extent of opposition coming out of the convention is suggested by the fact that of seventy-four appointed delegates, only fifty-five participated in the convention, and only thirty-nine of these signed the completed document.

It was nine months before nine states had ratified, and the last of the key states was not included until a month later, when the New York convention ratified by a vote of thirty to twenty-seven. To the “miracle of Philadelphia” one must therefore add “the miracle of ratification.”

Ratification probably could not have been secured without a commitment to add a written bill of rights. The first ten amendments, which included the Bill of Rights, were ratified a little over three years after the Constitution itself.

That the Constitution was ratified is largely attributable to the fact that the principal leaders in the states were willing to vote for a document that failed to embody every one of their preferences. For example, influential Thomas Jefferson, who was in Paris negotiating a treaty and therefore did not serve as a delegate, felt strongly that a bill of rights should have been included in the original Constitution. But Jefferson still supported the Constitution because he felt it was the best available. Benjamin Franklin stated that view in these words:

“When you assemble a number of men to have the advantage over their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does. … The opinions I have had of its errors, I sacrifice to the public good.”

In other words, one should not expect perfection—one certainly should not expect all of his personal preferences—in a document that must represent a consensus. One should not sulk over a representative body’s failure to attain perfection. Americans are well advised to support the best that can be obtained in the circumstances that prevail. That is sound advice not only for the drafting of a constitution but also for the adoption and administration of laws under it.

Inspiration

It was a miracle that the Constitution could be drafted and ratified. But what is there in the text of the Constitution that is divinely inspired?

Reverence for the United States Constitution is so great that sometimes individuals speak as if its every word and phrase had the same standing as scripture. Personally, I have never considered it necessary to defend every line of the Constitution as scriptural. For example, I find nothing scriptural in the compromise on slavery or the minimum age or years of citizenship for congressmen, senators, or the president. President J. Reuben Clark, who referred to the Constitution as “part of my religion,” 6 also said that it was not part of his belief or the doctrine of the Church that the Constitution was a “fully grown document.” “On the contrary,” he said, “We believe it must grow and develop to meet the changing needs of an advancing world.”

That was also the attitude of the Prophet Joseph Smith. He faulted the Constitution for not being “broad enough to cover the whole ground.” In an obvious reference to the national government’s lack of power to intervene when the state of Missouri used its militia to expel the Latter-day Saints from their lands, Joseph Smith said,

“Its sentiments are good, but it provides no means of enforcing them. … Under its provision, a man or a people who are able to protect themselves can get along well enough; but those who have the misfortune to be weak or unpopular are left to the merciless rage of popular fury.” This omission of national power to protect citizens against state action to deprive them of constitutional rights was remedied in the Fourteenth Amendment, adopted just after the Civil War.

I see divine inspiration in what President J. Reuben Clark called the “great fundamentals” of the Constitution. In his many talks on the Constitution, he always praised three fundamentals: (a) the separation of powers into three independent branches of government in a federal system; (b) the essential freedoms of speech, press, and religion embodied in the Bill of Rights; and (c) the equality of all men before the law. I concur in these three, but I add two more. On my list there are five great fundamentals.

1. Separation of powers. The idea of separation of powers was at least a century old. The English Parliament achieved an initial separation of legislative and executive authority when they wrested certain powers from the king in the revolution of 1688. The concept of separation of powers became well established in the American colonies. State constitutions adopted during the Revolution distinguished between the executive, legislative, and judicial functions. Thus, a document commenting on the proposed Massachusetts Constitution of 1778, speaks familiarly of the principle “that the legislative, judicial, and executive powers are to be lodged in different hands, that each branch is to be independent, and further, to be so balanced, and be able to exert such checks upon the others, as will preserve it from dependence on, or a union with them.”

Thus, we see that the inspiration on the idea of separation of powers came long before the U.S. Constitutional Convention. The inspiration in the convention was in its original and remarkably successful adaptation of the 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. As President Clark said:

“It is this union of independence and dependence of these branches—legislative, executive and judicial—and of the governmental functions possessed by each of them, that constitutes the marvelous genius of this unrivalled document. … As I see it, it was here that the divine inspiration came. It was truly a miracle.”

2. A written bill of rights. This second great fundamental came by amendment, but I think Americans all look upon the Bill of Rights as part of the inspired work of the Founding Fathers. The idea of a bill of rights was not new. Once again, the inspiration was in the brilliant, practical implementation of preexisting principles. Almost six hundred years earlier, King John had subscribed the Magna Charta, which contained a written guarantee of some rights for certain of his subjects. The English Parliament had guaranteed individual rights against royal power in the English Bill of Rights of 1689. Even more recently, some of the charters used in the establishment of the American colonies had written guarantees of liberties and privileges, with which the delegates were familiar.

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 requirements 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. President Ezra Taft Benson has said, “Reason, necessity, tradition, and religious conviction all lead me to accept the divine origin of these rights.”

The Declaration of Independence had posited these truths to be “self-evident,” that all men “are endowed by their Creator with certain inalienable Rights,” and that governments are instituted “to secure these Rights.” This inspired Constitution was established to provide a practical guarantee of these God-given rights (see D&C 101:77), and the language implementing that godly objective is scriptural to me.

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. The Tenth Amendment provides:

“The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively or to the people.”

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. This would have been changed by the proposed Equal Rights Amendment (E.R.A.). When the First Presidency opposed the E.R.A., they cited the way it would have changed various legal rules having to do with the family, a result they characterized as “a moral rather than a legal issue.” I would add my belief that the most fundamental legal and political objection to the proposed E.R.A. was that it would effect a significant reallocation of law-making power from the states to the federal government.

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. Sovereignty is not inherent in a state or nation just because it has the power that comes from force of arms. Sovereignty does not come from the divine right of a king, who grants his subjects such power as he pleases or is forced to concede, as in Magna Charta. 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.”

President Ezra Taft Benson expressed the fundamental principle of popular sovereignty when he said, “We [the people] are superior to government and should remain master over it, not the other way around.” The Book of Mormon explains that principle in these words:

“An unrighteous king doth pervert the ways of all righteousness. …

“Therefore, choose you by the voice of this people, judges, that ye may be judged according to the laws. …

“Now it is not common that the voice of the people desireth anything contrary to that which is right; but it is common for the lesser part of the people to desire that which is not right; therefore this shall ye observe and make it your law—to do your business by the voice of the people.” (Mosiah 29:23–26.)

Popular sovereignty necessarily implies popular responsibility. Instead of blaming their troubles on a king or other sovereign, all citizens must share the burdens and responsibilities of governing. As the Book of Mormon teaches, “The burden should come upon all the people, that every man might bear his part.” (Mosiah 29:34.)

President Clark’s third great fundamental was the equality of all men before the law. I believe that to be a corollary of popular sovereignty. When power comes from the people, there is no legitimacy in legal castes or classes or in failing to provide all citizens the equal protection of the laws.

The delegates to the Constitutional Convention did not originate the idea of popular sovereignty, since they lived in a century when many philosophers had argued that political power originated in a social contract. But the United States Constitution provided the first implementation of this principle. After two centuries in which Americans may have taken popular sovereignty for granted, it is helpful to be reminded of the difficulties in that pioneering effort.

To begin with, a direct democracy was impractical for a country of four million people and about a half million square miles. As a result, the delegates had to design the structure of a constitutional, representative democracy, what they called “a Republican Form of Government.”

The delegates also had to resolve whether a constitution adopted by popular sovereignty could be amended, and if so, how.

Finally, the delegates had to decide how minority rights could be protected when the government was, by definition, controlled by the majority of the sovereign people.

A government based on popular sovereignty must be responsive to the people, but it must also be stable or it cannot govern. A constitution must therefore give government the power to withstand the cries of a majority of the people in the short run, though it must obviously be subject to their direction in the long run.

Without some government stability against an outraged majority, government could not protect minority rights. As President Clark declared:

“The Constitution was framed in order to protect minorities. That is the purpose of written constitutions. In order that the minorities might be protected in the matter of amendments under our Constitution, the Lord required that the amendments should be made only through the operation of very large majorities—two-thirds for action in the Senate, and three-fourths as among the states. This is the inspired, prescribed order.”

The delegates to the Constitutional Convention achieved the required balance between popular sovereignty and stability through a power of amendment that was ultimately available but deliberately slow. Only in this way could the government have the certainty of stability, the protection of minority rights, and the potential of change, all at the same time.

To summarize, I see divine inspiration in these four great fundamentals of the U.S. Constitution:

• the separation of powers in the three branches of government;

• the Bill of Rights;

• the division of powers between the states and the federal government; and

• the application of popular sovereignty.

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. That is why President J. Reuben Clark said, “Our allegiance run[s] to the Constitution and to the principles which it embodies, and not to individuals.” The rule of law is the basis of liberty.

As the Lord declared in modern revelation, constitutional laws are justifiable before him, “and the law also maketh you free.” (D&C 98:5–8.) The self-control by which citizens subject themselves to law strengthens the freedom of all citizens and honors the divinely inspired Constitution.

Citizen Responsibilities

U.S. citizens have an inspired Constitution, and therefore, what? Does the belief that the U.S. Constitution is divinely inspired affect citizens’ behavior toward law and government? It should and it does.

U.S. citizens should follow the First Presidency’s counsel to study the Constitution. They should be familiar with its great fundamentals: the separation of powers, the individual guarantees in the Bill of Rights, the structure of federalism, the sovereignty of the people, and the principles of the rule of the law. They should oppose any infringement of these inspired fundamentals.

They should be law-abiding citizens, supportive of national, state, and local governments. The twelfth Article of Faith declares:

“We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law.”

The Church’s official declaration of belief states:

“We believe that governments were instituted of God for the benefit of man; and that he holds men accountable for their acts in relation to them. …

“We believe that all men are bound to sustain and uphold the respective governments in which they reside.” (D&C 134:1, 5.)

Those who enjoy the blessings of liberty under a divinely inspired constitution should promote morality, and they should practice what the Founding Fathers called “civic virtue.” In his address on the U.S. Constitution, President Ezra Taft Benson quoted this important observation by John Adams, the second president of the United States:

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

Similarly, James Madison, who is known as the “Father of the Constitution,” stated his assumption that there had to be “sufficient virtue among men for self-government.” He argued in the Federalist Papers that “republican government presupposes the existence of these qualities in a higher degree than any other form.”

It is part of our civic duty to be moral in our conduct toward all people. There is no place in responsible citizenship for dishonesty or deceit or for willful law breaking of any kind. We believe with the author of Proverbs that “righteousness exalteth a nation: but sin is a reproach to any people.” (Prov. 14:34.) The personal righteousness of citizens will strengthen a nation more than the force of its arms.

Citizens should also be practitioners of civic virtue in their conduct toward government. They should be ever willing to fulfill the duties of citizenship. This includes compulsory duties like military service and the numerous voluntary actions they must take if they are to preserve the principle of limited government through citizen self-reliance. For example, since U.S. citizens value the right of trial by jury, they must be willing to serve on juries, even those involving unsavory subject matter. Citizens who favor morality cannot leave the enforcement of moral laws to jurors who oppose them.

The single word that best describes a fulfillment of the duties of civic virtue is patriotism. Citizens should be patriotic. My favorite prescription for patriotism is that of Adlai Stevenson:

“What do we mean by patriotism in the context of our times? … A patriotism that puts country ahead of self; a patriotism which is not short, frenzied outbursts of emotion, but the tranquil and steady dedication of a lifetime.”

I close with a poetic prayer. It is familiar to everyone in the United States, because U.S. citizens sing it in one of their loveliest hymns. It expresses gratitude to God for liberty, and it voices a prayer that he will continue to bless them with the holy light of freedom:

Our fathers’ God, to thee,
Author of liberty,
To thee we sing;
Long may our land be bright
With freedom’s holy light.
Protect us by thy might,
Great God, our King!
"

Sunday, August 2, 2009

Scriptural Thought

Just an interesting scripture to think about. This is what Amulek told his people:

"I say unto you, that the foundation of the destruction of this people is beginning to be laid by the unrighteousness of your lawyers and your judges." Alma 10:27

Heathcare

Just a few old quotes that could shed some new light on our rush to nationalized healthcare:

I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts.
Abraham Lincoln

Let not him who is houseless pull down the house of another, but let him work diligently and build one for himself, thus by example assuring that his own shall be safe from violence when built.
Abraham Lincoln

You cannot bring prosperity by discouraging thrift.
You cannot help small men by tearing down big men.
You cannot strengthen the weak by weakening the strong.
You cannot lift the wage earner by pulling down the wage payer.
You cannot help the poor man by destroying the rich.
You cannot keep out of trouble by spending more than your income.
You cannot further brotherhood of men by inciting class hatred.
You cannot establish security on borrowed money.
You cannot build character and courage by taking away man's initiative and independence.
You cannot help men permanently by doing for them what they could and should do for themselves.

(Ronald Reagan quoted this in a speech. It is commonly attributed to Lincoln but many doubt that he said it. Whoever said it—spot on)