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VII
The Lord’s Plan For Protecting Free Agency
The Lord’s Purpose In Establishing Laws And Government—That Men May Use Their Moral Agency
In the foregoing chapters, we have shown the Lord’s direct involvement in the affairs of government. We have also observed that the essential problem of government is moral in nature and that God will judge men by their convictions of right and wrong as expressed in their political beliefs.
In this chapter, we will consider the fact that the Lord’s purpose in establishing government is to protect free agency, and He will judge us according to our support of or opposition to this purpose.
According to the following scripture, the Lord caused the laws and Constitution of the United States to be established to give men their agency:
According to the laws and constitution of the people, which i have suffered to be established, and should be maintained for the rights and protection of al/flesh…
That every man may act…according to the moral agency which i have given unto him… (D&C 101:77-78)
In another revelation wherein the Lord discussed “the law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges,” He said:
Therefore, i, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land;
And as pertaining to law of man, whatsoever is more or less than this, cometh of evil.
i, the Lord God, make you free, therefore ye are free indeed; and the law also maketh you free. (D&C 98:6-8)
Here the Lord reiterates His assertion that His purpose in establishing the laws of the land was to make men free. When His civil laws are properly enforced, they protect free agency by executing the divine law of retribution which we will now consider.
The Divine Law Of Retribution
The Lord’s law of retribution (or restoration) decrees that as we give, so shall we receive. We will be rewarded in the same coin as we pay. One of the shortest and most precise statements of this law is contained in the Sermon on the Mount:
with what measure ye mete, it shall be measured to you again. (Matt.7:2; 3 Nephi 14:2)
Modern scripture states the law in these words:
Unto the day when the Lord shall come to recompense unto every man according to his work, and measure to every man according to the measure which he has measured to his fellow man. (D&C 1:10)
One of the clearest and most complete scriptural explanations of this law was given by the prophet, Alma, to his son Corianton. A portion of his words are as follows:
And it is requisite with the justice of God that men should be judged according to their works; and if their works were good in this life, and the desires of their hearts were good, that they should also, at the last day, be restored unto that which is good.
And if their works are evil they shall be restored unto them for evil.
The one raised to happiness according to his desires of happiness, or good according to his desires of good; and the other to evil according to his desires of evil; for as he has desired to do evil all the day long even so shall he have his reward of evil when the night cometh. (Alma 41:3-5)
Punishments decreed under this law are tempered with mercy where there is repentance and reliance upon the atonement of Christ. But in the absence of such, mercy cannot rob justice and “justice exerciseth all his demands.” (Alma 42:24-25)
No one can complain of the operation of this law. It is justice in its most poetic form. Why should one not expect to be treated as he treats others? Has he a right to demand any more or less than this? When one is judged according to that standard which he himself has set, he has no basis for complaint. Indeed, it would seem unjust to use any other standard by which to measure rewards and punishments. The great gift of the atonement appears to be more than we deserve, but forgiveness and avoidance of punishment are strictly conditioned upon obedience to the law of repentance.
The Law Of Retribution Determines The Amount Of Freedom To Which One Is Entitled
The inexorable law of retribution operates in every area, including that of free agency, so that the amount of freedom to which a person is entitled is strictly measured by the amount of freedom he is willing to allow his fellow man. Let us define freedom as the power and opportunity to accomplish one’s purposes. The law of retribution would dictate that each person will be permitted to accomplish his own goals only to the extent that he is willing for others to accomplish theirs.
To more fully understand the operation of this law, let us remember that those four possessions which are indispensable to the exercise of free agency are:
1. Life and some degree of physical and mental health and strength,
2. Freedom from the restraint or coercion of others,
3. Knowledge of those laws which must be obeyed to achieve any given goal,
4. The right and control of property.
Each one of these elements of freedom is necessary for a person to achieve any purpose whatsoever, and the more of these possessions one has, the greater is his freedom. Therefore, if we provide, preserve, or protect them in any degree, we increase freedom, while if we injure or destroy them we do the opposite.
Governments have been instituted to execute the punishments decreed under the law of retribution by taking some element of freedom from those who take or injure the freedom of others.
The Lord’s Law Of Retribution Expressed In The Ten Commandments And The Judgments Given Therewith
The first set of civil laws of which we have record, which were given by the Lord to men, is the law of Moses. The punishments or “judgments” prescribed by the Lord for violation of those laws appear to carry out the Lord’s law of retribution with exactness. The following familiar scripture illustrates this:
And if any mischief follow, then thou shalt give life for life, Eye for eye, tooth for tooth, hand for hand, foot for foot, Burning for burning, wound for wound, stripe for stripe. (Exodus 21:23-25)
The penalty for stealing was that the thief pay his victim several times the value of the property stolen. (Exodus Ch.22) The penalty for bearing false witness was stated thus:
And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;
Then shall ye do unto him, as he had thought to have done unto his brother… (Deut. 19:18-19)
Under these and similar laws, the Israelites were instructed to punish the guilty by taking freedom from them at least to the extent they had taken, or attempted to take it from another.
The law of Moses was enforced among the Nephites also. Except for the death penalty which was prescribed for murder (Alma 1:18), the punishments they inflicted upon criminals are not described. However, we do know that those who destroyed or injured one of the elements of freedom lost some element of their own freedom as punishment. In addition to inflicting the death penalty for murder, they punished slavery, (Alma 17:9) lying, (Alma 1:17) and theft. (Alma 1:18)
The late President of the Church, Joseph F. Smith, stated in the following quotation that the Ten Commandments are also the foundation of the laws and Constitution which the Lord established in the United States:
i do not think any honest and intelligent man or woman could help but believe in the justice, the righteousness and the purity of the laws that God wrote upon the tablets of stone. These principles that i propose to read to you are the foundation and basic principles of the Constitution of our country, and are eternal, enduring forever more, and cannot be changed nor ignored with impunity…”
Then after reading each of the Ten Commandments, President Smith continued thus:
Now, these are the commandments of God, the principles contained in these commandments of the great Eternal are the principles that underlie the Constitution of our country, and all just laws. (Oct. c.r., 1912, pp. 8-11)
The consistency with which the Lord has instructed His people in each dispensation to incorporate the principles of the Ten Commandments into their civil laws together with the penalties which enforce them, bears out the truth of President Smith’s statement that these principles are “eternal” and underlie “all just laws.” To properly carry out the Lord’s plan of protecting free agency, governments must be utilized in every age to inflict the punishments called for under the divine law of retribution.
While that part of the law of Moses called the carnal ordinances, and blood sacrifices were done away with at the coming of Christ, the Ten Commandments are eternal gospel truths. The law of retribution is also eternal because it is the very essence of eternal justice. That there was no intention of superseding this part of the law of Moses was made plain by Christ in the Sermon on the Mount when He said: “with what measure ye mete, it shall be measured to you again.”
While the Ten Commandments are eternal in nature, all of them could not with justice be enforced in every society because to do so would violate God’s laws of justice. The Children of Israel in the days of Moses could properly be punished for violating the Sabbath and worshipping idols because they had been given overwhelming physical evidence that these commandments came from God. They also had before them constant reminders of His divine power such as the ten plagues, the destruction of the Egyptian armies, the pillar of fire by night, the cloud by day, the manna from heaven, and water from the rock. In the face of such evidence, no one could blaspheme or break the Sabbath with a clear conscience. But this would not be true in societies without such evidence.
Nevertheless, everyone can in fairness be punished for such crimes as murder, adultery, robbery and bearing false witness, because everyone knows that such acts are evil. No one can do to others that which he knows would be harmful and wrong if done to him without violating his conscience. Therefore, it is proper to execute the law of retribution in every nation with respect to those crimes committed against the four elements of freedom. (See Alma Ch. 30)
Other Functions Governments Must Perform To Protect Free Agency
Governments Must Defend Their Citizens Against Foreign Aggressor Nations
One of the primary purposes for the establishment of government is to protect the citizen’s lives, liberties, and properties against foreign nations. The performance of this function when properly done also carries out the punishments decreed under the law of retribution and has the Lord’s approval. He has justified defensive wars in many instances. The careful guidance He gave to the Children of Israel during their periods of righteousness is well known to students of the Old Testament. The Nephites were commanded by their prophets to defend themselves and their families “even unto bloodshed.” (Alma 43:46-47; 48:14) The Book of Mormon also states that “the power of God” was with the American Colonies when they won independence and freedom from “their mother Gentiles.” (1 Nephi 13:17-18) Those circumstances under which a nation is justified in going to war are set forth in modern revelation. (d&c 98:31-37)
Litigation Of Disputes And Enforcement Of Claims Between Citizens
Another proper function of government is to provide an impartial tribunal wherein disputes between citizens may be settled and claims enforced. Under the law of Moses, the enforcement of many claims was handled as a necessary consequence of enforcing the criminal law, or the law of retribution. (Exodus Ch. 22) Fines which were assessed for violation of the criminal law were ofttimes paid to the injured party rather than to the law enforcement authorities. The following Book of Mormon scripture indicates that the Nephites may have followed this same practice:
Now if a man owed another, and he would not pay that which he did owe, he was complained of to the judge; and the judge executed authority, and sent forth officers that the man should be brought before him; and he judged the man according to the law and the evidences which were brought against him, and thus the man was compelled to pay that which he owed, or be stripped, or be cast out from among the people as a thief and a robber. (Alma 11:2)
The United States Constitution recognizes the authority of the Federal Government to handle bankruptcy cases and disputes over patents and copyrights. It also grants jurisdiction in all cases which arise in the District of Columbia or other federally owned territory.
The right and control of property being one of the four basic elements of freedom must be protected under the Lord’s plan. The enforcement of claims helps to achieve this purpose. The protection of private property by government is also necessary to the maintenance of peace according to the following scripture:
We believe that no government can exist in peace, except such laws are framed and held inviolate as will secure to each individual…the right and control of property… (D&C 134:2)
Compel The Payment Of Taxes And Service In The Armed Forces
If government is necessary for the protection of freedom, then the people must provide that support without which it cannot perform its protective functions. Justice demands that those whose lives, liberties, and properties are protected, each bear his fair share of the cost of that protection. To provide this support, it is essential in most cases that government be given the power to compel the payment of taxes and conscript men for the armed forces.
There are instances on record where rulers have performed the functions of government without pay and have labored to support themselves while doing so. King Benjamin of the Book of Mormon reminded his people that he had served without compensation:
And even i, myself have labored with mine own hands that i might serve you, and that ye should not be laden with taxes, and that there should nothing come upon you which was grievous to be borne… (Mosiah 2:14)
But in the overwhelming majority of cases, the officers of government have received their support from the people. After the Nephites changed their government from a monarchy to the “reign of the judges,” those who served as judges received pay therefore:
Now it was in the law of Mosiah that every man who was a judge of the law, or those who were appointed to be judges, should receive wages according to the time which they labored to judge those who were brought before them to be judged. (Alma 11:1)
The right of government to insist that the people provide men and means for the defense of the nation is recognized by the scriptures. (Alma 60:24-33)
The United States Constitution empowers the federal government to levy taxes and conscript men to perform its authorized functions.
Actions Of Government Which Destroy Freedom
Whatsoever Is More Or Less Than Those Laws God Caused To Be Established, “Cometh of Evil”
Since the Lord has stated that “whatsoever is more or less” than those freedom-protecting laws which He suffered to be established, “cometh of evil,” we must conclude that unless the Constitution authorizes a law, it is evil to adopt it. Perhaps most people who accept the scriptures as the word of the Lord would agree with this conclusion, but there may be dispute regarding what laws it authorizes. Let us turn to the scriptures for guidance in determining how it should be interpreted.
The same scripture which states that the Constitution is a divinely inspired document also asserts that the laws originally adopted under the Constitution were divinely inspired. Attention is directed to that scripture which reads: “According to the laws and constitution of the people which i have suffered to be established…” (d&c 101:77) Perhaps some do not realize that there is a distinct difference between a law and a constitution, and therefore the full meaning of this scripture is not understood. The distinction between the two is very important and is not difficult to understand.
The Prophet Joseph Smith once said: “The Constitution is not a law, but it empowers the people to make laws.” (dhc Vol. v, p. 289) This brief statement recognizes the essential difference between the two. Even though we may call the Constitution the supreme law of the land, strictly speaking it is not a man-made law at all. a law either commands or forbids human action and always provides a penalty under which those who disobey are punished. The Constitution contains no penalties whatsoever and therefore it cannot qualify as a law. On the other hand as the Prophet said, it is a delegation of authority by the people to their officers in government to make and enforce laws within the limits of its provisions.
The fact that the Lord caused both the laws and the Constitution to be established is of great significance when questions are raised concerning the correct interpretation of the Constitution. When legislators, executives, and judges adopt, apply, and enforce laws, they thereby interpret the meaning of the Constitution from whence their powers are derived. By their official acts they determine what authority they have been given and what has been withheld.
Therefore, when the Lord stated in the year 1833 that He caused the laws originally adopted to be established, He gave His approval to the interpretation placed upon the Constitution by those men who passed those laws. In that same revelation He stated that those same laws “should be maintained for the rights and protection of all flesh.” (d&c 10 1:77) In another revelation given in that same year, He referred to “that law of the land which is constitutional, supporting that principle of freedom” and said that it “belongs to all mankind.”
Among those who accept them as the word of God, these revelations should put an end to contention concerning the correct meaning of certain power-granting clauses in the Constitution. The original meaning is the correct one according to the Lord, and anything more or less than this “cometh of evil.” The fact that many of the same wise men who helped draft the Constitution held positions in government which required them to interpret the work of their hands should induce us to accept their views in preference to others. Certainly they were in a better position to know the correct interpretation.
It is not assumed that the Lord intended by the “more or less cometh of evil” statement to forbid making technical or procedural changes in the affairs of government, insofar as such changes do not destroy “that principle of freedom in maintaining rights and privileges.” The very fact that He has sanctioned different types of governments indicates that He intends there be flexibility in procedures and methods.
Thus while He may not object to altering the date when the President of the United States takes office, He certainly would object to changing the interpretation of the “welfare clause” so as to empower the Federal Government to destroy the right of private property by welfare-statism and socialism. Similarly, a constitutional amendment permitting women to vote would not appear to destroy “rights and privileges,” but an alteration in the meaning of the “Commerce clause” to empower the Federal Government to regulate agriculture, labor, transportation, communication, health, education, welfare, etc., would appear to have this effect.
The Eternal Nature Of Those Laws Essential To The Protection Of Freedom
When the Lord stated that those constitutional laws which He suffered to be established, “should be maintained for the rights and protection of all flesh,” (D&C 101:77) “belong(s) to all mankind,” and anything different therefrom “cometh of evil,” He made it plain that He regarded these freedom-protecting laws to be eternal in nature. They have application in every country and in every age. No change in circumstances or conditions can justify altering them. One may easily demonstrate the logic of this position.
Man’s desire for freedom never changes and neither do those possessions which are indispensable for its exercise—life, liberty of action, knowledge, and the right and control of property. They are the same for every person no matter where or when he lives. Furthermore, the nature of those evil acts and intentions which destroy freedom on the one hand, and the nature of those good acts and intentions which protect freedom on the other are always the same. Good and evil and the precise line which separates them are as eternal as the natures of God and Satan and the line which divides them.
This being so, those laws necessary to protect freedom by punishing those acts and intents which destroy its elements never change; neither does the nature of those laws which compel men to perform those acts necessary to protect freedom.
Men Should Commit No Act In The Name Of Government Which Conscience Forbids Them To Do As Individuals
The inherent nature of a good or an evil act is unaffected by changing the number of people involved in its commission. An act which is beneficial and virtuous when done by one acting alone is the same when done in concert; and an act which is evil when done by an individual is equally evil when done by a group; and this is true even though the group is acting in the name of government.
Legislatures are as powerless to alter the fundamental laws of good and evil as they are to alter the physical laws. This being so, the rightness or wrongness of every act performed in the name of government can be determined by using the conscience of the individual. If, because of moral scruples, the individual should refrain from exercising the force called for under the law in question, then he should refuse to consent to the use of that force through government.
The following scripture enjoins us to use the test of individual conscience in determining the limits of government power:
the civil magistrate should restrain crime, but never control conscience; should punish guilt, but never suppress the freedom of the soul. (D&C 134:4)
We are here prohibited from using the whip of government to punish a person unless he has violated his conscience by committing an act he knew to be morally wrong. Unless there is a feeling of guilt, it would be merciless and inhumane to punish. George Washington recognized that our constitutional form of government was based upon the moral code of the individual when, in his first inaugural address, he said:
the foundation of our national policy will be laid in the pure and immutable principles of private morality.
Benjamin Franklin apparently had this same thought in mind when he stated:
He who shall introduce into public affairs the principles of primitive Christianity will revolutionize the world.
Those Acts Which Destroy Freedom When Committed By The Individual Are Equally Destructive Of Freedom When Committed By Government
The fact that the same moral laws which apply to individual action also apply to government action is easily seen when we note that any given act has exactly the same effect on freedom whether performed by one person or a group. The effect of a deed upon individual freedom is not changed in the slightest by a mere change in the number who undertake it. And once again, this is true even though it is committed in the name of government. It will be remembered that every law either commands or forbids human action. Its only purpose is to alter human behavior by compelling people to act in a manner different from the way they would have acted had not the law been passed. If a person refuses to change his behavior as the law dictates, then the officers are commanded to take either his life, his liberty, or his property as a penalty. Thus, it is seen that every law affects human freedom either through fear of physical violence, or by the actual use of physical violence.
If it would be wrong for an individual to be coerced or restrained by fear, or to lose his life, liberty, or property at the hands of one person, it would be equally wrong if these acts were committed by government. It makes not the slightest difference to an individual whether one man or a million put him to death, deprive him of his freedom, or take from him his property. The effect is exactly the same in either case. On the other hand, if it would be proper for such a person to be restrained by fear or punished for committing the forbidden act, it makes no moral difference whether the fear is induced and the punishment inflicted by one or many. It would be right in either case.
The necessity of viewing government action and individual action through the same eyes is also observed when we note that the officers of government are mere servants of the people and derive all the power they possess from those they serve. Since a power can rise no higher than its source, unless the people have the moral right to perform an act, they cannot confer that right upon government officials. No person can increase his authority merely by acting through an agent. Therefore, anything which would be wrong for citizens to do as individuals would be equally wrong for them to direct their representatives in government to do on their behalf.
The fact that government officials have no right to do to the citizens that which the citizens have no right to do to one another is succinctly stated by Jefferson in the following words:
Our legislators are not sufficiently apprised of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having a natural right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third When the laws have declared and enforced all this, they have fulfilled their functions, and the idea is quite unfounded, that on entering into society we give up any natural right. The trial of every law by one of these texts, would lessen much the labors of our legislators, and lighten equally our municipal codes. (Thomas Jefferson, To Francis W. Gilmer, June 7, 1816; Works of Thomas Jefferson, Federal Edition, G.P. Putnam & Sons, (1905), Vol. XI, pp. 533-534.)
It is observed that in these words Jefferson has limited government to those functions authorized by the scriptures and the Constitution— (1) Punishing crime; (2) Arbitrating and enforcing rights between citizens, and (3) Compelling each person to bear his fair share of the cost of government. He states that every law may be tested by one of these three texts.
The Lord’s Plan Of Protecting Free Agency Is Expressed In The Laws He Favors And Opposes
We have used both the scriptures and the divinely inspired Constitution of the United States to distinguish between those cases where the Lord had authorized governments to use compulsion against the individual and those where He has not. We have shown that He has approved of using the police power to (1) punish crime, (2) enforce rights between citizens, and (3) compel each person to bear his fair share of the burden of protecting freedom. We have also shown that it is destructive of freedom to use compulsion for any purpose other than these.
By correctly drawing the line between righteous and unrighteous compulsion, we are able to discern the Lord’s plan for protecting the free agency of His children. Those acts which He would deny men their freedom to do or refrain from doing are forbidden or commanded by the laws He favors. Those acts which He would allow men their freedom to do or refrain from doing without fear of physical punishment are not forbidden or commanded by His laws. Thus, those bounds within which men are free to act without being restrained or coerced are delineated by the civil laws of God. Let us now consider the fact that all men are judged according to their acceptance or rejection of this plan to protect free agency.
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