Trying to repost for clarity: Are the U.S. Declaration of Independence and Constitution exceptional documents that made the United States an exceptional nation? © Eric W. Palfreyman, July 4, 2014. We have a president, and national party, who suggest that the U.S. is no “better” than any other nation/people, and Obama has said that the U.S. is only exceptional in the way that any country is exceptional—which is that every country thinks they’re exceptional. I disagree. I believe the U.S. Declaration of Independence and the U.S. Constitution are historically unique documents that deserve the utmost respect; and that they should be followed as strictly as possible. I understand that not everyone will agree, and that’s fine; but from the perspective of my own faith (The Church of Jesus Christ of Latter-day Saints – (“LDS”)), I understand the U.S. Declaration of Independence and the U.S. Constitution are uniquely inspired documents, guided in inception and principle by God, and that we have a duty to uphold them and the principles they represent. I also believe we are living under an administration that does not share this level of reverence for these documents—documents, in my mind, that are sacred. The founding idea of the nation is one of individual (not collective, or even governmental) liberty. “…where the Spirit of the Lord is, there is liberty”. (2 Corinthians 3:7). I believe this is the primary guiding principle of the U.S. Founding documents. In the LDS (Mormon) religion, one of the four sacred texts is called the Doctrine and Covenants (Doc & Cov). I want to share some of those texts here. Section 134 provides an overview of the Church’s general views on government. The first two verses provide the primary foundation for getting a view of what the Church’s views are. “We believe that governments were instituted of God for the benefit of man; and that he holds men accountable for their acts in relation to them, both in making laws and administering them, for the good and safety of society. We believe that no government can exist in peace, except such laws are framed and held inviolate as will secure to each individual the free exercise of conscience, the right and control of property, and the protection of life.” (Doc & Cov 134:1,2) Part of the issue here is that God holds man accountable for our acts in relations to government. It is not acceptable to just sit back and watch. We have a religious duty to be involved in our governments in order, to the best of our ability, to make them better and to be sure they adhere to the principles outlined in these verses. When we disengage and let others determine the form and function of government, we abandon a religious duty. When we support governments that violate the principles that are outlined, here, we violate our religious duty. The three principle characteristics of a good government—a government that benefits man, and that can exist in peace—will have these three elements; (1) it will afford EACH INDIVIDUAL the free exercise of conscience, (2) It will afford to EACH INDIVIDUAL the right and control of property, and (3) It will afford to EACH INDIVIDUAL the protection of life. A government that does not accomplish these three elements is a government that operates contrary to God’s guiding principles of government. We have to look at today’s administration and honestly ask ourselves whether it is adhering to, promoting, and defending these three fundamental elements of governance. The role of the Founding Fathers and of our founding documents, is critical to the achievement of these objectives; and the Doctrine and Covenants is explicit in declaring that God guided the framers and these founding documents. While this may have no bearing on persons who are not LDS, it should at least give pause to members of the Church. Verses four and seven are explicit in the defense of the INDIVIDUAL exercise of religious freedom: “We believe that religion is instituted of God; and that men are amenable to him, and to him only, for the exercise of it, unless their religious opinions prompt them to infringe upon the rights and liberties of others; but we do not believe that human law has right to interfere in prescribing rules of worship to bind the consciences of men, nor dictate forms for public or private devotion; that the civil magistrate should restrain crime, but never control conscience; should punish guilt, but never suppress the freedom of the soul….We believe that rulers, states, and governments have a right, and are bound to enact laws for the protection of all citizens in the free exercise of their religious belief; but we do not believe that they have a right in justice to deprive citizens of this privilege, or proscribe them in their opinions, so long as a regard and reverence are shown to the laws and such religious opinions do not justify sedition nor conspiracy.” Do Somethingc & Cov 134:4, 7) This principle is clear and we just had a Supreme Court decision affirm this in Hobby Lobby. A concern is that Obama has already said he will use executive power to circumvent this ruling as much as possible—a refusal to accept the Separation of Powers, a refusal to follow the law, and a refusal to defend the free exercise of religion. While your inalienable rights are protected, you have a duty to uphold your government, but no such condition appears to apply in the absence of the government protecting the three principles outlined above. The verse that discusses this is verse 5: “We believe that all men are bound to sustain and uphold the respective governments, in which they reside, WHILE PROTECTED IN THEIR INHERENT AND INALIENABLE RIGHTS BY THE LAWS OF SUCH GOVERNMENTS; and that sedition and rebellion are unbecoming every citizen THUS PROTECTED, and should be punished accordingly; and that all government have a right to enact such laws as in their own judgment are best calculated to secure the public interest; AT THE SAME TIME, HOWEVER, HOLDING SACRED THE FREEDOM OF CONSCIENCE.” (Doc & Cov 134:5) These conditional clauses (in all caps here) are critical to interpreting these verses. In a similar vein, the Declaration of Independence includes the following: “We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness—That to secure these Rights, governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute a new Government, laying its Foundation on such Principles….” (Declaration of Independence) This is strong language. Rights are not the government’s to give and take. These right come from a higher source—a source that exceeds and precedes the power and existence of governments. Rights are inherent in the nature of man himself—individual man. Not man in groups. Not man by race. Individual persons. The Declaration declares that when these rights cannot be met by an existing government, that government may be overthrown and replaced with a government that represents these principles. In Doc & Cov, Section 98, verses 7-9, we read the following: “And that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me. 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. Nevertheless, when the wicked rule the people mourn. Wherefore, honest men and wise men should be sought for diligently, and good men and wise men ye should observe to uphold; otherwise whatever is less than these cometh if evil.” In these passages, revelation reaffirms some principle elements: the constitutional law protects freedom, rights, and privileges. This constitution is justifiable to God. We are told to befriend this constitution. The revelation stresses that anything that is more or less than this (the U.S. Constitution) cometh of evil. God makes us free, and the law makes us free. Freedom is one of the guiding principles presented by God as allowing us to most fully experience our humanity. We are additionally told to seek honest, just, and wise men to lead us. Is that the situation today? This set of scriptures reiterates that anything that is more or less than the Constitution is not of God. Any leader who is not wise, honest, and just (more or less than this) comes of evil. The guiding principle is freedom and an adherence to this Constitution and to the governing principles it represents. It is a safeguard to individual liberty—a necessary component of a fully human experience. In another passage from the Doc & Cov, some of the fundamental principles underlying these ideas are emphasized. “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 all flesh, according to just and holy principles: That every man may act in doctrine and principle pertaining to futurity, according to the moral agency which I have given unto him, that every man may be accountable for his own sins in the day of judgment. Therefore, it is not right that any man should be in bondage one to another. And for this purpose have I established the Constitution of this land, by the hands of wise men whom I raised up unto this very purpose, and redeemed the land by the shedding of blood.” (Doc & Cov 101:77-80) Several principles are presented here. One, of a historical note, is that God says here that he “suffered” the constitution to be established, and that he raised up wise men specifically for this purpose. I find it fascinating that God here endorses the US Constitution and that he endorsed and says he raised the wise men who wrote it, established it and fought a war (“redeemed the land by the shedding of blood”) to define and establish these principles. But why would He do this? One purpose is that it protects the rights of all men. It protects all flesh. And, on an even higher level, it allows individuals to act according to the moral agency God has provided. Freedom allows mankind, individually, to be accountable for their own choices in the day of judgment—good and bad. If man acts freely, he defines who he is. If he cannot act freely, someone else defines who he is; and he is not fully human. As the earlier verse from the New Testament said, where the spirit of the lord is, there is liberty. The Doc & Cov, section 109, is a dedicatory prayer for the Kirtland temple. In verse 54, we read the following: “Have mercy, O Lord, upon all the nations of the earth; have mercy upon the rulers of our land; may those principles, which were so honorably and nobly defended, namely, the Constitution of our land, by our fathers, be established forever.” The plea here is that the US Constitution would be established forever. So what’s so great about the Constitution? The Declaration emphasizes its focus on individual liberty and a protection of rights that preexist governments—rights that are not dependent on government largesse to deliver. These rights come from God and are inherent in man. When governments claim to confer them, or seek to deny or restrict them, they act in a way contrary to the nature of man. The structure of the US Constitution established several structural protections for individual liberty. (1) The Separation of Powers. Each of the three branches have specific and separate powers. This distribution of powers is specifically designed to avoid a dangerous accumulation and centralization of power. The Separation of Power is not a game—it is central to the protection of individual liberties. Any effort to breach these barriers is an assault on individual liberty. Multiple assaults on this (as we are watching today) should be viewed with very real alarm. (2) Enumerated Powers Doctrine. This doctrine is that the only powers that can be legitimately exercised by the branches of the federal government are the ones specifically enumerated to them in the Constitution. Again, the goal of this is to minimize the encroachment of federal powers on individual liberty. Are we seeing the federal government follow this doctrine today? (3) The insertion of the Bill of Rights. The Bill of Rights, while passed slightly later, were necessary elements of getting the states to ratify the Constitution. Without the promise of a Bill of Rights, many of the states would not have ratified the Constitution. The Bill of Rights are essentially statements of rights to individuals THAT CANNOT BE CIRCUMVENTED by the Federal Government. We are seeing assaults on the 1st, 2nd, and 4th amendments today that are blatant. We should view this with alarm. (4) Within the Bill of Rights, specifically the 9th and 10th amendments, are two principles that are to be applied whenever new legislation is proposed. In the 9th Amendment, we are told that any rights not given (remember the enumerated powers doctrine) to the government are reserved to individuals. In the 10th amendment, the doctrine of Federalism is enshrined. The powers not given to the federal government, are reserved to the states. Notice that unenumerated rights rest with the people. Any unenumerated powers are reserved to the states. The states did not give up sovereignty in ratifying the Constitution—they shared it. The states granted enumerated powers to the federal government, but retained plenary power to themselves. The principle of Federalism is similar to the Separation of Powers Doctrine described earlier in that it distributes power between the central government and the states. My personal opinion is that we are living in a time when the assaults on our Constitutional government are unprecedented. We, the people, need to be knowledgeable about what the Constitution stands for and we need to be willing to speak up and defend its principles when they are violated. Members of all political parties ought to be prepared to defend the Constitution against encroachment by any political party in violation of those structural protections of our freedoms. On this fourth of July, we should take time to honestly reflect on what this nation means. It is unique in world history. If you’re LDS, the scriptures codify this. But if you are not LDS, it seems worth considering carefully. Is the US experience exceptional in world history? Contrary to Obama’s statements, I believe that it is. An excerpt from a short book, “American Exceptionalism: An Experiment in History,” by Charles Murray: “”It has been our fate as a nation not to have ideologies, but to be one,” historian Richard Hofstadter once observed. Unlike any previous political system in history, ours implements a specific set of philosophical ideas about the nature of human beings. The Founders began with the assumption that human beings possess natural rights that cannot be given or withheld by the state, bur are every person’s birthright. That famous sentence from the Declaration of Independence—“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights; that among those are life, liberty, and the pursuit of happiness”—was not a rhetorical flourish. It was “an expression for the American mind,” as Thomas Jefferson wrote almost fifty years later, and it distilled into thirty-five words the ideology that the Revolution sought to realize.” (American Exceptionalism: an Experiment in History” by Charles Murray. AEI Press, Washington, DC.) On this Fourth of July, let us reconsider what we are watching in our nation. We have an obligation to the generations to follow that we will preserve and honor the freedoms that so many have died for; and that we will understand the supreme importance of the United States Constitution. Note: I am retaining the rights to publish; but if anyone wants to hit the share button they should feel free to do so.
Posted on: Sat, 05 Jul 2014 04:52:58 +0000
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