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Topic: US Constitution, Matches 32 quotes.
Government of the People
The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government.
Source: George Washington Farewell Address
Topics: US Constitution
[O]ur Constitution provides for a republic. That is, we have a republican form of government based upon the citizenry electing representatives to carry out the functions of government. The Founding Fathers did not frame a constitution that would set up a democracya kind of government where political power lay directly in the hands of the people. Under a pure democracy, the citizens of the state would exercise popular vote to decide what laws should be made. The majority view would be registered and then carried out by the administrative hand of the central government. There would be no representation (legislative branch of government) between the citizenry and the administrative branch of government.
A democracy might appear to be more democratic than a republic, but the authors of the Constitution knew that a democracy would lead to a loss of individual freedom . . . followed by anarchy or tyranny. While the Constitution was being considered for ratification by the Massachusetts Convention, Moses Ames observed:
It has been said that a pure democracy is the best government for a small people who assemble in person . . . . It may be of some use in this argument . . . to consider, that it would be very burdensome, subject to faction and violence; decisions would often be made by surprise, in the precipitancy of passion, by men who either understand nothing or care nothing about the subject; or by interested men, or those who vote for their own indemnity. It would be a government not by laws, but by men.
Source: Against All Enemies Robert Bearce The Freeman, 1980
Topics: Democracy; Republic; US Constitution
The Constitution was not the work of cloistered, fanatical theorists, but of sober, seasoned, distinguished men of affairs, drawn from various walks of life. They included students of wide reading and great learning in all matters of government. They were among those who had successfully guided the Colonists through a long Revolutionary War, beset not only with grave problems of military necessity and strategy against one of the most powerful nations of the world, but also burdened with vital local problems of co-ordination and co-operation among and between a loosely knit confederation of thirteen different political entities, each jealous beyond measure of its own political independence and sovereignty, none with great financial strength, and all hesitant, at times to the point of unwillingness, to contribute the necessary funds for the common defense and for waging their war for independence.
Source: J. Reuben Clark Stand Fast by Our Constitution, p135-136.
Topics: America, History; US Constitution; War, Revolutionary War
Let us first consider the origin of those freedoms we have come to know as human rights. Rights are either God-given as part of the divine plan or they are granted by government as part of the political plan. Reason, necessity, tradition, and religious convictions all lead me to accept the divine origin of these rights. If we accept the premise that human rights are granted by government, then we must be willing to accept the corollary that they can be denied by government.
I support the doctrine of separation of church and state as traditionally interpreted to prohibit the establishment of an official national religion. But this does not mean that we should divorce government from any formal recognition of God. To do so strikes a potentially fatal blow at the concept of the divine origin of our rights and unlocks the door for an easy entry of future tyranny. If Americans should ever come to believe that their rights and freedoms are instituted among men by politicians and bureaucrats, then they will no longer carry the proud inheritance of their forefathers, but will grovel before their masters seeking favors and dispensations, a throwback to the feudal system of the Dark Ages.
Since God created man with certain inalienable rights, and man, in turn, created government to help secure and safeguard those rights, it follows that man is superior to the creature which he created. Man is superior to government and should remain master over it, not the other way around. Even the nonbeliever can appreciate the logic of this relationship.
A government is nothing more or less than a relatively small group of citizens who have been hired, in a sense, by the rest of us to perform certain functions and discharge certain responsibilities which have been authorized. The government itself has no innate power or privilege to do anything. Its only source of authority and power is from the people who created it.
Keep in mind that the people who have created their government can give to that government only such powers as they themselves have. They cannot give that which they do not possess. . . .
The proper function of government is limited only to those spheres of activity within which the individual citizen has the right to act. By deriving its just powers from the governed, government becomes primarily a mechanism for defense against bodily harm, theft, and involuntary servitude. It cannot claim the power to redistribute the wealth or force reluctant citizens to perform acts of charity against their will. Government is created by man. No man can delegate a power that he does not possess. The creature cannot exceed the creator. . . .
The Constitution of the United States, an inspired document, is a solemn agreement between the citizens of this nation that every officer of government is under a sacred duty to obey.
The Constitution provides that the great bulk of the legitimate activities of government are to be carried out at the state or local level. This is the only way in which the principle of self-government can be made effective.
The smallest or lowest level that can possibly undertake the task is the one that should do so. The smaller the governmental unit and the closer it is to the people, the easier it is to guide it, to correct it, to keep it solvent, and to keep our freedom.
Remember that the people of the states of this republic created the federal government. The federal government did not create the states.
A category of government activity that not only requires the closest scrutiny but that also poses a grave danger to our continued freedom in the activity not within the proper sphere of government. No one has the authority to grant such powers as welfare programs, schemes for redistributing the wealth, and activities that coerce people into acting in accordance with a prescribed code of social planning. There is one simple test. Do I as an individual have a right to use force upon my neighbor to accomplish this goal? If I do, then I may delegate that power to my government to exercise it in my behalf. If I do not have that right, I cannot delegate it.
If we permit government to manufacture its own authority and to create self-proclaimed powers not delegated to it by the people, then the creature exceeds the creator and becomes master. Who is to say this far, but no farther? What clear principle will stay the hand of government from reaching farther and farther into our daily lives? Grover Cleveland said that though the people support the Government, the Government should not support the people.
Once government steps over this clear line between the protective or negative role into the aggressive role of redistributing the wealth through taxation and providing so-called benefits for some of its citizens, it becomes a means for legalized plunder. It becomes a lever of unlimited power that is the sought-after prize of unscrupulous individuals and pressure groups, each seeking to control the machine to fatten his own pockets or to benefit his favorite charity, all with the other fellows money, of course. Each class or special interest group competes with the others to throw the lever of governmental power in its favor, or at least to immunize itself against the effects of a previous thrust.
Source: Ezra Taft Benson General Conference, October 1968
Topics: Class Warfare; Government, Power; Government, Vertical Separation; US Constitution
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.8
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 brancheslegislative, executive and judicialand of the governmental functions possessed by each of them, that constitutes the marvelous genius of this unrivaled document . . . . As I see it, it was here that the divine inspiration came. It was truly a miracle.9
8. Quoted in Gerhard Casper, Constitutionalism, Occasional Papers from the Law School, The University of Chicago, no. 22 (1987).
9. Church News, 29 November 1952, p. 12, quoted in Hillam, By the Hands of Wise Men, p. 48.
Source: Elder Dallin H. Oaks The Divinely Inspired Constitution From an address given 5 July 1987, at the Freedom Festival.
Topics: Government, Vertical Separation; US Constitution
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 Constitutions 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.10
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.
10. Ezra Taft Benson, The Constitution, a Heavenly Banner, Salt Lake City: Deseret Book Co., 1986, p. 6.
Source: Elder Dallin H. Oaks The Divinely Inspired Constitution From an address given 5 July 1987, at the Freedom Festival.
Topics: Bill of Rights; US Constitution
This government, the offspring of our own choice un-influenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty.
Source: George Washington
Topics: Government, Good; Liberty; US Constitution
The Church, out of respect for the rights of all its members to have their political views and loyalties, must maintain the strictest possible neutrality. We have no intention of trying to interfere with the fullest and freest exercise of the political franchise of our members under and within our Constitution, which the Lord declared he established by the hands of wise men whom [he] raised up unto this very purpose (D&C 101:80) and which, as to the principles thereof, the Prophet Joseph Smith, dedicating the Kirtland Temple, prayed should be established forever. (D&C 109:54.) The Church does not yield any of its devotion to or convictions about safeguarding the American principles and the establishments of government under federal and state constitutions and the civil rights of men safeguarded by these.
Source: President David O. McKay General Conferece, April 1966
Topics: US Constitution
You brethren also know that from the Rio Grande down to the Horn there is no constitutional government except those that are founded primarily upon our own Constitution. In Mexico the revolutionary party which more than a century and a quarter ago rebelled against the king of Spain and established a republic, copied almost verbatim, and practically overnight, our Constitution, and made it their own. Neither Mexico nor the others to the South interpret their Constitutions as we interpret ours. They have different standards and different canons of interpretation, for their fundamental system is the civil law, while ours is the common law. But the great essentials of that document, the Constitution of the United States, which God Himself inspired, is the law of Zion, the Americas.
Source: President J. Reuben Clark, Jr. General Conference, October 1942
Topics: America, Example; Law; US Constitution
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