What powers are given to the federal government by the Constitution?

To prevent the federal government from becoming too powerful the Founders made sure its powers were limited and well defined. The powers given to the federal government are listed in the constitution. It has the powers listed there and nothing more.
In general, the federal government’s powers are limited to areas that are of interest to the states as a whole and that are best handled at the national level. Those powers include providing a national defense, dealing with foreign nations, regulating commerce, financing the federal government, and other things that affect all the states. All other powers are left to the states or to the people.

The Constitution gives the federal government a number of powers to provide the national defense. The federal government can declare war, raise and support armies, provide and maintain a navy, and govern and regulate the armed forces. Additionally the federal government can organize, arm, and discipline the states’ militias and call them into the service of the federal government when needed.

The federal government is given powers that allow it to deal with foreign nations. The federal government can regulate commerce with foreign nations, set the value of foreign money, make treaties, appoint ambassadors and consuls, control immigration, and declare war. To prevent the states from interfering in foreign affairs, the Constitution prevents the states from entering into treaties or agreements with foreign nations.

The federal government is given powers related to commerce. Those powers include regulating commerce with foreign nations and between the states, coining money and regulating its value, and creating standards for weights and measures. Other powers related to commerce include establishing a post office, issuing patents and copyrights, and creating bankruptcy laws.

The federal government has power to finance its operations. It can collect taxes and borrow money. It can pay the debts it incurs.

The federal government has a few other powers. Those powers include creating and operating a federal court system, controlling immigration, and establishing a capital.

We can see that the powers given to the federal government are few and are well defined. This allows the federal government to do what needs to be done at the national level while preventing it from becoming too powerful and oppressive.

Published July 13, 2017

What powers do the states have under the Constitution?

The Tenth Amendment to the Constitution reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The federal government has only those powers that are specifically granted to it by the Constitution. To learn what those powers are read our Basics article “What powers are granted to the federal government by the Constitution?” All other powers are left to the states or the people unless the Constitution specifically says otherwise.

The Constitution places some restrictions on the power of the states. They are listed in Article 1, Section 10 of the Constitution. The restrictions prevent the states from intruding into matters best handled by the national government.

The states are restricted in their relations with other states and foreign governments. A state cannot enter any type of treaty, alliance, or agreement with another state or foreign country, engage in war, or tax import and exports.

The states are restricted from making certain types of laws. A state cannot pass laws that punish a person for doing something that was not illegal when they did it (know as ex post facto laws). A state cannot pass laws that free a person from honoring contracts they have entered. A state cannot pass laws that declare a group of people guilty of a crime (know as a bill of attainder).

States are also prevented from coining money, printing currency, or granting titles such as king or queen. The states are also preventing from keeping an army or navy.

All others powers, except those given to the federal government, are left to the states or the people. They are too numerous to list.

The Founders gave the federal government just enough power to do its limited job and nothing more. They intended that the states, local governments, and the people themselves should handle most things and hold most of the power of government.

Published July 13, 2017

Where do our rights come from?

“Our Creator endowed each one of us with certain rights at birth, among which are the rights to life, liberty, speech, and conscience, to name a few. These are not just human rights; they are divine rights.” Those are the words of Ezra Taft Benson. Thomas Jefferson said “The God who gave us life, gave us liberty at the same time”.

Our rights are given to us by God as part of His divine plan for His children. That plan requires each of us to make choices. By making choices we learn and progress. Our God given rights give us the freedom to make choices. If our rights are limited then we are limited in the choices we can make and we can​no​t progress.

Our rights do not come from government. The government is to guarantee that we are able to exercise our rights, but it cannot decide which rights we can exercise or how we can exercise them. Government can only restrict our rights if it is necessary to protect the rights of others.

The Founders of our nation knew that our rights are from God. They also knew that government​s​ nearly always try to take away the rights of the people. Therefore, they placed limits on the federal government to prevent it from doing so.

If we are able to exercise all of our God given rights then we will be able to have the freedom necessary to be happy and successful and to fulfill our God given mission​​.

Published August 27, 2017

What is freedom of religion?

What is freedom of religion?

Freedom of religion is made up of two things. The first is separation of church and state. The second is the free exercise of religion.

Separation of church and state simply means that the government cannot operate churches and churches cannot operate the government. The government cannot be involved in the creation or control of a church or favor one church over another. There can be no official government church. No church can control the government.

The free exercise of religion means that people can have whatever religious beliefs they desire, that they can share their beliefs with others, and that they can live their lives according to their beliefs at home, at church, and in public.

Robert D Hales has said that true religious freedom has four basics: The freedom to believe, the freedom to share our faith and our beliefs with others, the freedom to form a church, and the freedom to live our faith. He further stated that we must be free to live our faith in the home, the chapel, and in public places.

For the peace and safety of society, freedom of religion must contain some restrictions. Section 134 of the Doctrine and Covenants teaches that we can freely act upon our religious opinions unless they prompt us “to infringe upon the rights and liberties of others” and so long as “regard and reverence are shown to the laws and such religious opinions do not justify sedition nor conspiracy.”

Separation of church and state and the free exercise of religion are guaranteed by the First Amendment to the Constitution. Together they provide an environment where we can worship God according to the dictates of our own conscience.

Published August 27, 2017

Freedom of Religion

In 1553, Mary I was crowned Queen of England. A Catholic, she quickly reinstated Catholicism as the state religion. Over the next five years she had over 280 Protestants burned at the stake for heresy. Mary’s father, Henry VIII, had broken with the Catholic Church just 20 years earlier. He had sent scores of Catholics to their deaths, convicted of treason, for refusing to recognize him as superior to the Pope in spiritual matters. Similar scenes played out across Europe for hundreds of years as monarchs took it upon themselves to determine the religious views of their subjects. People of all religious persuasions suffered persecution, imprisonment, torture, and death as monarchs came and went and state religions changed.

Much of the blood shed in the name of religion occurred because people refused to submit to government’s religious control. As George Tucker said: “In vain, therefore, may the civil magistrate interpose the authority of human laws, to prescribe that belief, or produce that conviction, which human reason rejects.” People endured the persecutions, forced by conscience to reject beliefs contrary to their convictions.

The Founders of the United States understood the need to prevent government control of religion. They were well aware of the horrors perpetrated by old world governments in the name of religion. As James Madison stated: “Torrents of blood have been spilt in the old world, by vain attempts of the secular arm, to extinguish Religious discord, by proscribing all difference in Religious opinion.” They saw the necessity of a government that did not force a particular religion on the people. However, the Founders also recognized the vital role religion plays in society. They recognized that only a moral and a religious people are capable of self government. They wanted the government to promote religion in general while not promoting any individual denominations.

The Founders worked to stop the government support of churches that existed in some of the states. At the national level they made sure the Constitution did not grant the national government any authority over religious matters (the national government has only those powers specifically granted in the Constitution). Further, the Constitution specifies that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” Later, in the Bill of Rights, The First Amendment added important religious protections.

The First Amendment’s religious protections are based on the fundamental principle that people should have full freedom of conscience in matters of religion. We commonly refer to this as simply “freedom of religion.” The First Amendment insures this by prohibiting the government from establishing a state religion and by guaranteeing the free exercise of religion. These complementary protections combine to prevent the government from becoming like the oppressive governments of the old world in matters of religion.

Freedom of religion is the right to follow the dictates of one’s own conscience in all matters of religion. Latter-day Saints are familiar with the words of the Eleventh Article of Faith: “We claim the privilege of worshiping Almighty God according to the dictates of our own conscience, and allow all men the same privilege, let them worship how, where, or what they may.” James Madison expressed the same sentiment when he wrote “Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate”.

So how do we exercise our religious freedom? Robert D Hales has said that true religious freedom has four basics: The freedom to believe, the freedom to share our faith and our beliefs with others, the freedom to form a church, and the freedom to live our faith. He further stated that we must be free to live our faith in the home, the chapel, and in public places. D. Todd Christofferson has said “A robust freedom is not merely what political philosophers have referred to as the ‘negative’ freedom to be left alone. . . . Rather, it is a much richer ‘positive’ freedom—the freedom to live one’s religion or belief in a legal, political, and social environment that is tolerant, respectful, and accommodating of diverse beliefs.”

For the peace and safety of society, freedom of religion must necessarily contain some restrictions. Section 134 of the Doctrine and Covenants teaches that we can freely act upon our religious opinions unless they prompt us “to infringe upon the rights and liberties of others” and so long as “regard and reverence are shown to the laws and such religious opinions do not justify sedition nor conspiracy.” Those restrictions are small when compared to the religious freedoms we gain.

The Book of Mormon explains the concept of people having government protected freedom of religion in Alma 30:7-11: “Now there was no law against a man’s belief; for it was strictly contrary to the commands of God that there should be a law which should bring men on to unequal grounds. For thus saith the scripture: Choose ye this day, whom ye will serve. Now if a man desired to serve God, it was his privilege; or rather, if he believed in God it was his privilege to serve him; but if he did not believe in him there was no law to punish him. But if he murdered he was punished unto death; and if he robbed he was also punished; and if he stole he was also punished; and if he committed adultery he was also punished; yea, for all this wickedness they were punished. For there was a law that men should be judged according to their crimes. Nevertheless, there was no law against a man’s belief; therefore, a man was punished only for the crimes which he had done; therefore all men were on equal grounds.”

Religious freedom is our most important freedom and is protected by the Constitution. It is no coincidence that it is the freedom currently under the greatest attack. Those who would restrict it or take it away know that if they can be successful in this, then they can strip us of our other basic rights. If our constitutionally guaranteed religious freedoms are lost then we will surely suffer as a result. May we each do all we can to defend our Constitutionally guaranteed religious freedoms.

Sources:
James Madison, Memorial and Remonstrance against Religious Assessments, 20 June 1785
St. George Tucker, View of the Constitution of the United States with Selected Writings, 1803
Elder Robert D. Hales, Preserving Agency, Protecting Religious Freedom, April 2015
Elder D. Todd Christofferson, A Celebration of Religious Freedom, April. 29, 2015

Published July 31, 2016