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

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

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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?

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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?

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“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?

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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