Why is our republican type of government best?

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Why is our republican type of government best?

As we learned in the answer to a previous question, we have a republican form of government. Because we have a written constitution we call it a constitutional republic. One reason that a republican form of government is best is because it provides the greatest protection for minorities.

In our society every person belongs to many groups. Some of those groups are large and others small. Some groups contain a majority of the people. Others contain only a small minority. We each belong to some groups that are majorities and other that are minorities. For example, automobile owners are a large group that consists of a majority of the people in the country. On the other hand, motorcycle owners are a smaller group that consists of a minority of the people.

The Founders wanted a government that would protect the rights of everyone regardless of what size of groups they belong to. They didn’t want one group to be able to infringe upon the rights of another. For example, they wouldn’t want automobile owners to be able to take away the right of motorcycle owners to use the public roads.

In a government where the power belongs to a dictator or a small number of people, no rights are protected. A dictator can take away the rights of anyone. The Founders didn’t want this situation so they set up a representative form of government where the power comes from the people themselves and where it is hard for a small number of people to get power.

In a purely democratic government the majority rules and they can always take away the rights of a minority. The Founders didn’t want this situation because the rights of minorities are not protected. They set up a government that makes it difficult for the majority to always get their way.

The republic set up by the Founders protects minorities by preventing a small number of people or a majority from taking away their rights. The rights of minorities are protected because we have laws that limit the power of government, because laws can only be changed through a deliberate and time consuming process, and because we don’t decide things by a majority vote.

In our republic it would be nearly impossible for automobile owners to ever be able to ban motorcycle owners from the roads. That is not by accident, but is the result of how our government is designed. Since we all belong to minorities our government protects the rights of everyone. For these reasons and others a republican form of government is best.

Published October 10, 2016

Why do we need a written constitution?

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We need a written constitution to protect our rights. How does the Constitution do this?

The Constitution outlines how laws are to be made. It is a slow and careful process that involves the House of Representatives, the Senate, and the President. The process helps prevent the government from making quick and unwise decisions in response to the demands of an angry majority. The process provides time for things to be considered in a thoughtful way. This prevents rash decisions that are harmful over time.

Changes to the Constitution itself can only be made through a lengthy and difficult process that is outlined in the Constitution. The process involves the House of Representatives, the Senate, and state governments. This provides the time necessary for changes to be fully discussed and considered. This also allows time for citizens to become informed and involved.

The Constitution ensures further protection by providing the Bill of Rights. The Bill of Rights specifically lists our basic God given rights and prohibits the government from limiting them. This protects the rights of all but is especially important to small groups because their rights are often under attack by the majority.

The Constitution divides power between the branches of the federal government and between the federal government and the states. This helps to prevent power from being concentrated in one place. When power gets concentrated in one place then the rights of everyone are at risk.

The Constitution creates a stable form of government that will not easily collapse in times of trouble, or be destroyed by small groups of people seeking power. This is important because all societies will experience challenges such as wars, depressions, riots, and natural disasters. Such events can create the perfect environment for government to fail, or someone to try to take over. We are protected from such things by the slow and deliberate manner in which our government works. It is easier to identify and stop changes that will destroy our government.

These are some of the reasons we need a written Constitution.

Published October 10, 2016

What is special about the US Constitution?

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The United States Constitution is special because it is an inspired document. The men who wrote it did so under the inspiration and influence of God. It has been approved by Him in the scriptures. It is based on the wisdom of God and not of men.

The Constitution is special because its creation was part of the Almighty’s long term plans for the restoration of the gospel. It created a nation with the necessary religious freedoms to allow the gospel to be restored and the Church to be established and to grow. It created a nation that could serve as the base for the Church’s operations in this last dispensation.

The Constitution is special because it created a model of government to be copied by other nations. This is in fulfillment of the prophecy that “out of Zion shall go forth the law”. Most nations with written constitutions have used the US Constitution as a model. As other nations adopt similar constitutions they too may enjoy the same blessings as those living under the Constitution.

The Constitution is special because the men who created the Constitution were good and wise men chosen by God. God prepared them for the purpose of writing the Constitution and establishing our nation. Wilford Woodruff said they “were the best spirits the God of heaven could find on the face of the earth”. The Founders acknowledged that they were inspired by Him. They acknowledged that they received His help.

In short, the Constitution is special because it came from God and is a part of His plan for this earth.

Published October 10, 2016

How did we get the Constitution?

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Soon after the beginning of the Revolutionary War, the States adopted a new form of government. The new government had a constitution called the Articles of Confederation. This government lasted through the Revolution and for a few years afterwards.

The Articles of Confederation government proved to be too weak. It lacked the power necessary to create a stable government and society. It lacked the power to deal with foreign governments. Within a few years the country was on the verge of collapse.

Many people in the colonies recognized that in order for the new nation to survive it needed a new form of government. The states decided to send representatives, called delegates, to meet together to change and improve the Articles of Confederation. They met in Philadelphia in 1787. We now call this meeting the Constitutional Convention.

As the delegates met it quickly became apparent that the Articles of Confederation needed to be completely replaced. They spent the entire summer of 1787 debating and discussing a new form of government. The delegates understood that the fate of the new nation depended on the outcome of their meeting. They had many different ideas, and they didn’t always agree, but in the end their hard work paid off with the completion of the the United States Constitution.

When the United States Constitution was finished, it had to be approved (ratified) by 9 of the 13 states to become the law of the land. This occurred on June 21, 1788. Eventually it was approved by all 13 of the states. Since that time it has been the governing document of the United States.

Published October 25, 2016

How are changes made to the Constitution?

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The Drafters of the Constitution recognized that unforeseen future circumstances might require changes to the Constitution. Therefore, they provided a process for changes to be made. The process is outlined in Article V. Changes to the Constitution are called amendments and become part of the Constitution for all intents and purposes.

The amendment process can be started by Congress or by the State Legislatures. Congress starts the process by proposing amendments. Proposed amendments must be approved by two thirds of the members of both Houses. The States start the process by asking Congress to call a convention to propose amendments. Two thirds of the States must request a convention before it can be called. Such a convention is often referred to as a constitution convention or con-con.

Amendments proposed by Congress or by a convention must be ratified by three fourths of the States. The ratification can be done by the State Legislatures or by special ratification conventions called in the States. Congress decides which ratification method will be used. Once ratified by the States an amendment becomes part of the Constitution.

There have been 27 Amendments to the Constitution. All 27 originated in Congress. A state called constitutional convention to propose amendments has never occurred. 26 of the 27 amendments were ratified by the State Legislatures and one, the 21st Amendment, by a special ratifying convention.

The amendment process was designed to be difficult. The Founders did not want the Constitution to be amended for trivial reasons or without proper deliberation. The process allows the Constitution to be amended when needed but helps insure that changes will be carefully made.

Published March 5, 2017

What are the branches of the federal government and what do they do?

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The Constitution creates a government with three branches. They are called the legislative, executive, and judicial branches. Together they form a complete government. Each branch has different responsibilities and powers. The responsibilities and powers given to each branch are defined by the Constitution.

The legislative branch is known as the Congress of the United States. It consists of the Senate and the House of Representatives. Congress is given the power to make the laws of the United States. The Constitution defines the types of laws Congress can and cannot make.

The executive branch consists of the President of the United States, the Vice President, and those who work in the various departments of the national government. The President is in charge of the executive branch. He manages the daily operations of the government, commands the military, works with foreign governments, appoints ambassadors and judges, and enforces the laws made by Congress.

The judicial branch is the Supreme Court and all other courts of the national government. The federal courts settle disputes about the Constitution and the laws passed by Congress. They interpret and apply the Constitution and the laws.

The three branches operate independently. One branch cannot prevent another from going about its daily work. However, each branch is given the ability to prevent the other branches from exceeding their proper power. This ability is a responsibility that helps insure that one branch of government does not become too powerful. The government is designed so that the three branches work together but keep each other under control.

Published October 25, 2016

Why is power divided between the three branches of the national government?

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Those who drafted the Constitution wanted to be sure that those who worked in government did not become too powerful. They knew that people with power tend to want more power and that they tend to use their power to harm others. This is taught in the Doctrine and Covenants: “We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion.”

The Founders knew that the national government needed to be powerful enough to do its work. They also knew that the power given to the government needed to be kept under control to prevent individuals from becoming too powerful. They decided that the best way to control the power of government was to divide the power among different groups. The different groups would compete for power and keep each other under control. This would prevent individuals from gaining too much power.

The Constitution creates a government with three branches. Those branches are the legislative, the executive, and the judicial. Each branch is given certain powers that are well defined by the Constitution. The legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets the laws. Each branch is prevented from assuming any of the powers of the other branches.

The powers of government are divided between the branches in such a way that one branch cannot get enough power to take control of the government. Each branch is given power to prevent the other branches from overstepping their authority. One branch cannot take away the rights of the people without the help of the other branches. It would be very hard for one person or small group of people to gain control of all three branches of government.

The federal government is divided into three branches to spread the power of government among different groups so that one person or a small group of people cannot become so powerful that they can take away our rights.

Published October 25, 2016

Why is power divided between the national, state, and local governments?

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The drafters of the Constitution feared the national government they were creating would become too powerful. They knew that when it became too powerful it would become oppressive. They feared they might end up with a government as bad as what they had under the King of England.

The Founders knew the best way to control power is divide it up between different groups and individuals. So they created a system where the power is divided between the national government and state and local governments. This prevents the national government from becoming too powerful.

The Constitution gives the national government limited and well defined powers. Those powers include providing a national defense, dealing with foreign nations, regulating trade, coining money, regulating immigration, creating a post office, and other things that affect all the states. All other powers are left to the states or to the people.

The states, in turn, have certain powers and leave other powers to the local governments of counties, cities, and towns within the state. The division of power between the state and local governments differs from state to state but all follow a similar model.

This division of power between various levels of government is called federalism. Its purpose is to prevent the concentration of power. It gives to each level of government only those powers that cannot be handled at a lower level. It’s based on the idea that government power should be kept at the lowest level of government possible.

Thomas Jefferson said “Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with the civil rights, laws, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself. It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best.”

Published March 5, 2017

What are checks and balances and how do they work?

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As we learned in the answer to a previous question, the Constitution of the United States creates a government with three branches. Those branches are the legislative, the executive, and the judicial. The legislative branch is the Congress. The executive branch is the President and those who work under him. The judicial branch is the Supreme Court and the other federal courts.

The Founders understood human nature. They knew that those in power try to gain more power. They knew that each branch of government would try make itself more powerful by taking power from the other branches. They knew that each branch would try to assume new powers not granted to them by the Constitution. To prevent this they created a system that allowed the different branches to control each other. This system is called “Checks and Balances”. The system helps maintain the proper balance of power between the branches of the federal government, the states, and the people. It does so by allowing the different groups to check the acts of the others.

Bills that are passed by the Congress must be signed by the President to become law. The President can veto (refuse to sign) a bill he disagrees with. This is an important check on the power of Congress given to the President. After the President vetoes a bill, the Congress can override the veto by passing the bill a second time with at least a 2/3 majority in each body. This gives Congress a check on the power of a President who might try to veto important bills.

The Senate must approve the people the President chooses to serve in the executive branch. The Congress can remove any person in the executive branch from office for misbehavior. The Congress also has the power to remove the President himself from office should it become necessary. All treaties made by the President must be approved by the Senate. These powers give Congress some control over the executive branch.

Judges who serve in the federal courts are chosen by the President. This gives the executive branch some control over the courts. The judges chosen by the President to serve in the courts must be approved by the Senate. This gives the Senate a measure of control over both the President and the courts. The Congress also has power to remove misbehaving judges and to limit the types of cases that can be heard by the Supreme Court. This gives Congress further power to control the courts.

The Constitution does not give any branch the authority to assume the responsibilities of the others, nor does it give any branch the authority to delegate its responsibilities to the others. This acts as an important check on the power of all three branches.

These are the basic checks and balances the Founders placed in the Constitution. They help prevent any branch of the government from becoming too powerful.

Published March 5, 2017

What is the Electoral College?

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The drafters of the Constitution wanted to make sure that only the wisest and best of men would be selected as president. To accomplish this they created a special system for selecting the president. The system is called the Electoral College.

The drafters of the Constitution wanted to select the president in a very careful and thoughtful manner. They also wanted the selection of the president to depend on the actions of the people and not any other group. They wanted to make sure the process for selecting the president could not be influenced by special interests or foreign governments.

The residents of each state choose a group of people called electors. How the electors are chosen is determined by the legislature of each state. The electors cannot be officers of the national government. The drafters of the Constitution intended for the electors to be informed, wise, and impartial.

The number of electors for each state is equal to the total number of senators and congressmen the state has in the Congress. Since each state has two senators they each receive two electors for their senators. This can be thought of as each state getting two electors for being a state. The number of congressmen each state has depends on its population, so the number of electors each state receives varies with its population. This can be thought of as each state receiving a number of electors to represent the amount of people in the state.

The electors in each state meet together and vote for the president and vice president. The Founders intended that the electors would carefully judge the qualifications of the candidates and vote for those who were truly the most qualified. This step was designed to weed out the bad candidates and insure that only the best could be president.

The votes of the electors are transmitted to Congress where they are opened and counted. The person with the most votes is the President if he has at least 50% of the votes. If no one has at least 50% of the votes then the House of Representatives chooses the president from those who have received votes. The process is the same for the vice president.

Because of how the number of electors per state is determined a candidate must have broad support among the people and broad support among the states. This prevents a few states or regions with large populations from always choosing the president. It also allows a number of states with small populations to choose a president. In the recent election, Hillary Clinton had a slight lead in the popular vote, but Donald Trump won in 30 of the 50 states. Donald Trump won the electoral vote because he had broader support across the states and only slightly less support among the people. The Electoral College system chooses the candidate who best represents the people, the states, and therefore, the entire nation.

The process of electing the president through the Electoral College has been corrupted somewhat by the two party system. Electors are now chosen by the political party that wins the popular vote in each state. The electors are then required to vote for the candidate of the party. This has removed the deliberation process that previously helped to weed out unqualified candidates. However, the electoral college still provides a safeguard against the dangers of a popular vote. States with high populations are limited in their influence, while states with low populations are still able to have a voice in the election. This protects the presidential election from the dangers of a purely democratic election process.

Published November 9, 2016