Here is a quote that I reread today, and wanted to share from President Spencer W. Kimball:
"To be a righteous woman is a glorious thing in any age. To be a righteous woman during the winding up scenes on this earth, before the second coming of our Savior is an especially noble calling. The righteous woman's strength and influence today can be tenfold what it might be in more tranquil times. Other institutions in society may falter and even fall, but the righteous woman can help save the home which may be the last and only sanctuary some mortals know in the midst of storm and strife."
Friday, August 6, 2010
Structure of the Legislative Branch
Last time we met we talked about the structure of the legislative branch as outlined in the first six sections of the Constitution. There is an awful lot of information in that small part. I didn't realize how much there was until I started going through it and figuring out what to present. I'll just go through some of the things that we talked about. Thomas Jefferson believed that federal laws should be few in number and that they should be written in simple, non-technical language. He said, "A noiseless course, not meddling with the affairs of others, unattractive of notice, is a mark that society is going on in happiness." He also stated that "Laws are made for men of ordinary understanding, and should therefore be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which make anything mean everything or nothing, at pleasure." We have certainly moved away from those principles.
Section one explains that ALL legislative powers are vested in the congress. Unfortunately, we have moved away from that as well. The executive branch and the judicial branch throughout our history have taken legislative authority upon themselves. One example in the executive branch is executive orders. Initially, presidents would issue executive orders to their departments or cabinets as a way to organize their administration. Eventually however, executive orders began to affect the general public. The number of executive orders has also increased with time. Prior to President Grant (1868), no president issued more than 80 executive orders. FDR issued more than 3500. They claim that these powers are implied in the Constitution. The judicial branch has also contributed to legislation through judicial activism where judicial rulings are suspected of being based on personal or political considerations rather than on existing law. One example of a judicial activist was Chief Justice Earl Warren (1953-1969). He was influential in some important rulings regarding desegregation of schools, ending school prayer, and Miranda rights. Whether you think those things are good or bad, the fact remains that he was legislating from the bench, rather than leaving that responsibility to congress where it belongs.
Section two discusses the House of Representatives. The House is meant to be the guardians of the people's rights. For this reason, they are elected directly by the people and proportioned in congress according to population. Section two also discuss qualifications to be a representative, how they are elected, their term of service, and how vacancies are filled. It also discusses qualifications of electors or voters, although that has subsequently been altered by amendments to the Constitution. A member of the House serves a two year term, and each year half of the house is up for reelection. The founders believed that this shorter term would typically make the representatives more responsive to their constituents since they would have to face them in an election more frequently.
In section three we learn about the Senate. In the Senate, each state has equal representation. This was to help protect the smaller states. The Senate is to be the guardian of the states' rights. For this reason, senators were initially chosen by state legislatures. In this way, the senators were more protective of the rights of the states as sovereign entities. This was changed by the 17th amendment in 1913. In part because of this change, we have lost some of the balance of power between the houses that the founders intended. The Senate is a much smaller body than the House and so each senator has more power than a representative. Their term is also longer - six years. This longer term was supposed to help guard against passions and whims of the moment. The role of the Senate is to: "First, protect the people against their rulers; secondly, to protect the people against transient impressions which they themselves might be led." James Madison. Madison also specifically warned against the redistribution of wealth and he felt that the Senate would help guard against that.
Section four discusses the way in which elections were to be held. Initially, it was left to each state to decide when and how they would hold elections. This has also been changed through time. We now have a general election day, as well as regulations on voter registration and campaign funding among other things. The states are still responsible to handle their own "primary" systems, and each state varies in how they do that.
Section five talks about the rules of each house. They may judge and punish their own members for misconduct, however these are not criminal proceedings. The person may still be charged in a criminal case, but that would be handled outside of the congress. They must also keep a record of their proceedings.
Finally, section six talks about the compensation that is to be given to members of congress. Some of the founders, including Benjamin Franklin did not want members of congress to receive monetary compensation. They believed that the honor of serving the country should be sufficient. The difficulty was however, that without compensation, only the wealthy class would be able to run for office. The amount of compensation has increased through time. In 1789, members received $6 for every day they were in session. In 1815 they received an annual salary of $1500. Today, the base annual salary is $174,000 with party leaders earning substantially more. They also receive many benefits including (but not limited to) retirement, life insurance, health insurance, travel allowances, and funds to hire staff. Benjamin Franklin said, "And of what kind are the men that will strive for this profitable preeminence, through all the bustle of cabal, the heat of contention, the infinite mutual abuse of parties, tearing to pieces the best of characters? It will NOT be the wise and moderate, the lovers of peace and good order, the men fittest for the trust. It will be the bold and the violent, the men of strong passions and indefatigable activity in their selfish pursuits. These will thrust themselves into your government, and be your rulers." While I believe members of congress should be compensated, I fear that we have made these offices a place of profit more than a place of service, and this is one reason that we don't have as many honorable men and women as we would like to have in office.
Alright, those are the highlights from the first six sections. It is amazing how much is in that short part of our Constitution. The founders truly labored and chose each word carefully, and were inspired in their efforts.
Section one explains that ALL legislative powers are vested in the congress. Unfortunately, we have moved away from that as well. The executive branch and the judicial branch throughout our history have taken legislative authority upon themselves. One example in the executive branch is executive orders. Initially, presidents would issue executive orders to their departments or cabinets as a way to organize their administration. Eventually however, executive orders began to affect the general public. The number of executive orders has also increased with time. Prior to President Grant (1868), no president issued more than 80 executive orders. FDR issued more than 3500. They claim that these powers are implied in the Constitution. The judicial branch has also contributed to legislation through judicial activism where judicial rulings are suspected of being based on personal or political considerations rather than on existing law. One example of a judicial activist was Chief Justice Earl Warren (1953-1969). He was influential in some important rulings regarding desegregation of schools, ending school prayer, and Miranda rights. Whether you think those things are good or bad, the fact remains that he was legislating from the bench, rather than leaving that responsibility to congress where it belongs.
Section two discusses the House of Representatives. The House is meant to be the guardians of the people's rights. For this reason, they are elected directly by the people and proportioned in congress according to population. Section two also discuss qualifications to be a representative, how they are elected, their term of service, and how vacancies are filled. It also discusses qualifications of electors or voters, although that has subsequently been altered by amendments to the Constitution. A member of the House serves a two year term, and each year half of the house is up for reelection. The founders believed that this shorter term would typically make the representatives more responsive to their constituents since they would have to face them in an election more frequently.
In section three we learn about the Senate. In the Senate, each state has equal representation. This was to help protect the smaller states. The Senate is to be the guardian of the states' rights. For this reason, senators were initially chosen by state legislatures. In this way, the senators were more protective of the rights of the states as sovereign entities. This was changed by the 17th amendment in 1913. In part because of this change, we have lost some of the balance of power between the houses that the founders intended. The Senate is a much smaller body than the House and so each senator has more power than a representative. Their term is also longer - six years. This longer term was supposed to help guard against passions and whims of the moment. The role of the Senate is to: "First, protect the people against their rulers; secondly, to protect the people against transient impressions which they themselves might be led." James Madison. Madison also specifically warned against the redistribution of wealth and he felt that the Senate would help guard against that.
Section four discusses the way in which elections were to be held. Initially, it was left to each state to decide when and how they would hold elections. This has also been changed through time. We now have a general election day, as well as regulations on voter registration and campaign funding among other things. The states are still responsible to handle their own "primary" systems, and each state varies in how they do that.
Section five talks about the rules of each house. They may judge and punish their own members for misconduct, however these are not criminal proceedings. The person may still be charged in a criminal case, but that would be handled outside of the congress. They must also keep a record of their proceedings.
Finally, section six talks about the compensation that is to be given to members of congress. Some of the founders, including Benjamin Franklin did not want members of congress to receive monetary compensation. They believed that the honor of serving the country should be sufficient. The difficulty was however, that without compensation, only the wealthy class would be able to run for office. The amount of compensation has increased through time. In 1789, members received $6 for every day they were in session. In 1815 they received an annual salary of $1500. Today, the base annual salary is $174,000 with party leaders earning substantially more. They also receive many benefits including (but not limited to) retirement, life insurance, health insurance, travel allowances, and funds to hire staff. Benjamin Franklin said, "And of what kind are the men that will strive for this profitable preeminence, through all the bustle of cabal, the heat of contention, the infinite mutual abuse of parties, tearing to pieces the best of characters? It will NOT be the wise and moderate, the lovers of peace and good order, the men fittest for the trust. It will be the bold and the violent, the men of strong passions and indefatigable activity in their selfish pursuits. These will thrust themselves into your government, and be your rulers." While I believe members of congress should be compensated, I fear that we have made these offices a place of profit more than a place of service, and this is one reason that we don't have as many honorable men and women as we would like to have in office.
Alright, those are the highlights from the first six sections. It is amazing how much is in that short part of our Constitution. The founders truly labored and chose each word carefully, and were inspired in their efforts.
Saturday, July 24, 2010
The Political Spectrum
We often hear of a person, group, or policy being on the left or the right. Issues are often measured on this political spectrum, with liberals on the left and conservatives on the right.
Different forms of government are even identified as being left or right:
An explanation of the origin of these terms is found in The 5000 Year Leap by W. Cleon Skousen: "These terms actually refer to the manner in which the various parties are seated in the parliaments of Europe. The radical revolutionaries (usually the Communists) occupy the far left and the military dictatorships (such as the Fascists) are on the far right. Other Parties are located in between."
This is not the political spectrum that the founders used. They did not define things in terms of political parties but rather in terms of political power. They considered that on one end of the spectrum would be total government or ruler's law and the other side would be no government. Their goal in writing the Constitution was to find the balanced center, where we could have people's law.
They knew that the government needed enough power to hold us together as a nation, but not so much that the people would be placed in bondage to the government. James Iredell said, "There are two extremes equally dangerous to liberty. These are tyranny and anarchy. The medium between these two is the true government to protect the people. In my opinion, this Constitution is well calculated to guard against both these extremes." (James Iredell was a delegate from North Carolina that participated in the ratification debates.) Using this spectrum, communism and fascism would find themselves on the same side - total government. Under total government, tyranny, or ruler's law, the people are not equal. The ruler is far above them, and rules are created and carried out according to the whims of those in ruling positions. Another characteristic, again from Skousen is that "Under Ruler's law, problems are always solved by issuing more edicts or laws, setting up more bureaus, harassing the people with more regulators, and charging the people for these 'services' by continually adding to their burden of taxes. Freedom is never looked upon as a viable solution to anything."
In contrast to this, people's law allows the people to choose leaders. They are ruled by law and not by the whims of men. Power is dispersed among the people. The people are expected to govern themselves as much as possible, only granting powers to governments to do things that the people are unable to do for themselves.
According to Skousen, the founders used two civilizations as examples of people's law: the Anglo-Saxons and the Israelites as they were led by Moses. You will recall from the Old Testament that initially Moses was trying to listen to and solve all of the people's problems. His father-in-law, Jethro, helped Moses understand the value in teaching doctrine, but then delegating responsibility and allowing the people to govern themselves (See Exodus 18:17-26). This is the kind of government our founders were striving to create. Government in the balanced center of the true political spectrum.
Different forms of government are even identified as being left or right:
An explanation of the origin of these terms is found in The 5000 Year Leap by W. Cleon Skousen: "These terms actually refer to the manner in which the various parties are seated in the parliaments of Europe. The radical revolutionaries (usually the Communists) occupy the far left and the military dictatorships (such as the Fascists) are on the far right. Other Parties are located in between."This is not the political spectrum that the founders used. They did not define things in terms of political parties but rather in terms of political power. They considered that on one end of the spectrum would be total government or ruler's law and the other side would be no government. Their goal in writing the Constitution was to find the balanced center, where we could have people's law.
They knew that the government needed enough power to hold us together as a nation, but not so much that the people would be placed in bondage to the government. James Iredell said, "There are two extremes equally dangerous to liberty. These are tyranny and anarchy. The medium between these two is the true government to protect the people. In my opinion, this Constitution is well calculated to guard against both these extremes." (James Iredell was a delegate from North Carolina that participated in the ratification debates.) Using this spectrum, communism and fascism would find themselves on the same side - total government. Under total government, tyranny, or ruler's law, the people are not equal. The ruler is far above them, and rules are created and carried out according to the whims of those in ruling positions. Another characteristic, again from Skousen is that "Under Ruler's law, problems are always solved by issuing more edicts or laws, setting up more bureaus, harassing the people with more regulators, and charging the people for these 'services' by continually adding to their burden of taxes. Freedom is never looked upon as a viable solution to anything."In contrast to this, people's law allows the people to choose leaders. They are ruled by law and not by the whims of men. Power is dispersed among the people. The people are expected to govern themselves as much as possible, only granting powers to governments to do things that the people are unable to do for themselves.
According to Skousen, the founders used two civilizations as examples of people's law: the Anglo-Saxons and the Israelites as they were led by Moses. You will recall from the Old Testament that initially Moses was trying to listen to and solve all of the people's problems. His father-in-law, Jethro, helped Moses understand the value in teaching doctrine, but then delegating responsibility and allowing the people to govern themselves (See Exodus 18:17-26). This is the kind of government our founders were striving to create. Government in the balanced center of the true political spectrum.
Wednesday, July 7, 2010
Give Me Liberty or Give Me Death - Patrick Henry, 1775
"We have petitioned - we have remonstrated - we have supplicated - we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free - if we mean to preserve inviolate those inestimable privileges for which we have been so long contending - if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon, until the glorious object of our contest shall be obtained - we must fight!-- I repeat it, sir, we must fight!! An appeal to arms and to the God of hosts, is all that is left us! They tell us, sir, that we are weak - unable to cope with so formidable an adversary. But when shall we be stronger. Will it be the next week or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs, and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak, if we make a proper use of those means which the God of nature hath placed in our power. Three millions of people armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is not retreat but in submission and slavery! Our chains are forged. Their clanking may be heard on the plains of Boston! The war is inevitable - and let it come!! I repeat it, sir, let it come!! It is vain, sir, to extenuate the matter. Gentlemen may cry, peace, peace - but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! - I know not what course others may take; but as for me, give me liberty, or give me death!"
I remember reading this speech in school. The words thrilled me then, and they thrill me now, though perhaps for a slightly different reason. We are at a critical place in our nation. I feel that we have petitioned and supplicated the government, only to be treated with scorn and disrespect. Indeed, I sometimes feel that I can hear our chains being forged, link by link. I think the time has come for us to stand up and fight again for our liberty - not with guns - but with our words, our faith, our willingness to sacrifice, and our desire to maintain the freedom that was and is a gift from God. God will fight our battles for us, if we turn to Him. We are never without hope if we trust in Him.
I remember reading this speech in school. The words thrilled me then, and they thrill me now, though perhaps for a slightly different reason. We are at a critical place in our nation. I feel that we have petitioned and supplicated the government, only to be treated with scorn and disrespect. Indeed, I sometimes feel that I can hear our chains being forged, link by link. I think the time has come for us to stand up and fight again for our liberty - not with guns - but with our words, our faith, our willingness to sacrifice, and our desire to maintain the freedom that was and is a gift from God. God will fight our battles for us, if we turn to Him. We are never without hope if we trust in Him.
New Direction
OK, so clearly I have been lax about updating this blog. I have an idea that will hopefully help me to write a bit more often, even though it will take this in a different direction than I originally wanted. I have started a constitution study group in my home. So, while I want to continue to put the words of our founders on this blog, I will also be putting meeting notes, assignments, and thoughts about our study group.
Saturday, January 9, 2010
These Are the Times That Try Men's Souls - Thomas Paine
"These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated.
Let it be told to the future world that in the depth of winter, when nothing but hope and virtue could survive, that the city and country, alarmed at one common danger, came forth to meet and to repulse it. Say not that thousands are gone, turn out your tens of thousands; throw not the burden of the day upon Providence, but 'show your faith by your works,' that God may bless you. It matters not where you live, or what rank of life you hold, the evil or the blessing will reach you all. The far and the near, the home counties and the back, the rich and the poor, will suffer or rejoice alike. The heart that feels not now is dead; the blood of his children will curse his cowardice, who shrinks back at a time when a little might have saved the whole, and made them happy. I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. 'Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death."
From The Crisis, December 19, 1776
Let it be told to the future world that in the depth of winter, when nothing but hope and virtue could survive, that the city and country, alarmed at one common danger, came forth to meet and to repulse it. Say not that thousands are gone, turn out your tens of thousands; throw not the burden of the day upon Providence, but 'show your faith by your works,' that God may bless you. It matters not where you live, or what rank of life you hold, the evil or the blessing will reach you all. The far and the near, the home counties and the back, the rich and the poor, will suffer or rejoice alike. The heart that feels not now is dead; the blood of his children will curse his cowardice, who shrinks back at a time when a little might have saved the whole, and made them happy. I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. 'Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death."
From The Crisis, December 19, 1776
What is This Blog About
I love this nation. I love the founding documents and the principles of freedom that they are built on. I have been trying to read and learn more of the words of the founders and have found some amazing things. This blog will simply be a place for me to share those things. Sometimes I may comment on them, but for the most part, I will let the words speak for themselves. I believe that these men were raised up by God to establish this nation. The Constitution is a divine document, inspired by God. May we seek His help as we try to preserve our liberties.
Subscribe to:
Posts (Atom)