By Zachary C. Myers
[BURR]
The constitution’s a mess
[HAMILTON]
So it needs amendments
[BURR]
It’s full of contradictions
[HAMILTON]
So is independence
…
We have to start somewhere
We won the war
What was it all for?
Do you support this constitution?
[BURR]
Of course
[HAMILTON]
Then defend it
[BURR]
And what if you’re backing the wrong horse?
[HAMILTON]
Burr, we studied and we fought and we killed
For the notion of a nation we now get to build
For once in your life, take a stand with pride
I don’t understand how you stand to the side
--Lin Manuel Miranda, Hamilton
I’ve been asked to talk today about President Dallin H.
Oaks talk, Defending Our Divinely Inspired Constitution
I would like to take you on a journey through Three
Stages of Constitutional History:
1. First,
we’ll go back in time to the Revolutionary Era to see the birth of the
Constitution;
2. Second,
we’ll travel forward in time to the Reconstruction Era when the Constitution
was saved and by Lincoln and the Republicans;
3. Third,
we’ll continue traveling forward to the modern day and discuss how we can
continue defending and improving our Constitutional system.
I.
The Revolutionary Era
First, let’s hop in this
time machine and travel back to the Revolutionary Era. Zip!
During the Revolutionary
Era, the Constitution was a bold experiment in popular sovereignty.
Popular sovereignty is
the idea that the right to rule is derived from the consent of the governed.
The question that popular
sovereignty answered, was what makes a government legitimate? Traditionally, in
European monarchies, legitimacy was based on the divine rule of kings. “I’m King
cuz God said so. So you have to do what I say.”
In America, the colonies
had rejected the idea that King George had a divine right to rule. They declared:
Independence!
The Declaration of Independence
States:
“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, --….”
King George famously responded,
“And when push comes to shove, I will send a fully armed battalion to remind
you of my love!” JK. That’s from the Hamilton Musical.
At the time, popular
sovereignty was a pretty radical notion. The Church of England likely would
have called the Founders radical heretics.
During the Revolution,
the U.S. government was nothing more than a loose confederation of States. George
Washington’s Continental Army was hobbled by lack of resources. States contributed
to the Army on a purely voluntary basis. Washington was short on men, munitions,
and basic supplies—such as shoes and food. Sickness and disease killed more men
than British bullets. Fortunately, Washington held the Army together and the colonies
were able to win using guerilla tactics.
After the Revolution, the
national government continued to struggle. The Continental Congress had no
authority to enforce its requests to the states for money or troops. U.S.
monetary policy was a disaster—Continental currency that was issued during the
war had become essentially worthless. There was no unifying economic policy.
States would make rules discouraging trade with other States—in some cases it
was cheaper to trade with foreign countries than with a neighboring State.
To address these
problems, in 1787, A convention was convened to discuss possible amendments to
the Articles of Confederation. The attendees included George Washington, James
Madison, and Benjamin Franklin. James Madison was the principal author of the Constitution.
The Constitution gave
Congress the power to levy taxes directly—meaning the National government was
no longer dependent on State governments for funds. Congress also had the power
to enact uniform national monetary and economic policy. This created a much
stronger and more vital national government.
The supporters of the new
Constitution, wanted to create a strong nation founded on principles of popular
sovereignty. As a result, the referendum on ratification was the most open
election in American history up until that point. The Constitutional election
was open to every free man. Most state elections, by contrast, were only open
to wealthy land-owners.
In this way, the
Constitution was a bold experiment in democracy. The Founders took the concept
of a social contract literally. They actually wrote a contract and then went
to the electorate and obtained their express consent for a new form of
government.
Hence, the preamble to
the Constitution states, “We the People of the United States … do ordain
and establish this Constitution ...” As Lincoln stated, the government was
established “of the people, by the people, and for the people.”
This empowerment of the
common man—and I do mean man, because women were still left out for many years—created
a new birth of freedom that was copied in popular revolutions throughout Europe
and eventually throughout the World.
Dallin H. Oaks states, “A
constitution is the foundation of government. It provides structure and limits
for the exercise of government powers. The United States Constitution is the oldest
written constitution still in force today. Though originally adopted by only a
small number of colonies, it soon became a model worldwide.”
Of course, the Constitution
did not perfectly embody the soaring rhetoric of its Revolutionary Ideals.
As I mentioned, women did
not participate in the ratification of the Constitution. Likewise, black
Americans were not permitted to vote and lived in dehumanizing conditions of servitude
and bondage. Ironically, “We the People” did not actually include most of the people
living in the country at that time.
The Constitution, as
originally drafted, actually solidified the institution of slavery:
1. The
Constitution stated that no law banning the international slave trade could be
passed by Congress for 21 years.
2. The
infamous three-fifths compromise boosted the number of representatives in
Congress for the slave states, guaranteeing political protection for slavery.
3. The
Fugitive Slave Clause, guaranteed the right of slave owners to pursue and
reclaim their slaves anywhere.
4. The
electoral college and the Senate gave disproportionate power to rural Southern
states.
Dallin H. Oaks acknowledges
that the U.S. Constitution was not perfect, stating
Our belief that the United States
Constitution was divinely inspired does not mean that divine revelation dictated
every word and phrase, such as the provisions allocating the number of
representatives from each state [i.e. the three-fifths compromise]. The
Constitution was not “a fully grown document,” said President J. Reuben Clark.
“On the contrary,” he explained, “we believe it must grow and develop to meet
the changing needs of an advancing world.”
Slavery—the original
stain on this Nation bled into the Constitution itself.
II.
The Civil War and Reconstruction
To see what happened next,
let’s set the dial of the time machine to travel forward to the Civil War and
Reconstruction Era. Zip!
People tend to forget
that for all the genius of the Constitution, there was a period of time where
it failed. A large portion of the nation rejected the outcome of the Election
of President Abraham Lincoln and instituted a violent insurrection against the
government.
Fortunately, Lincoln, won
the war and preserved the Union. After stitching the Country back together,
Lincoln and his allies set to work fixing the Constitution.
Part of the genius of the
U.S. Constitution is that it provided a means for changing the social
contract—an amendment process. Dallin
H. Oaks states, “inspired amendments abolished slavery and gave women the right
to vote.”
Lincoln had faith in Constitutional
principles, even though he recognized the document was imperfect and in need of
amendment.
During the Reconstruction
era, after the Civil War, we saw the passage of the Thirteenth Amendment—abolishing
slavery—and the Fourteenth Amendement—stating that States could not violate
citizens’ rights of due process and equal protection of the law. Both of these ammendments—like
the original Constitutional convention—expanded the power and reach of the
Federal Government—giving it a more active role in policing the States and
securing individual liberty. Unfortunately, successive governments often
ignored these Federal powers. Black codes and Jim Crow laws were able to take
hold. However, the Reconstruction Amendments played an important role in the
black liberation movement of the 1960s. Martin Luther King, Jr. often quoted
Lincoln during his quest for freedom. The Civil Rights Acts of 1964 and 1967
and the Voting Rights Act of 1965 all derived authority from the Reconstruction
Amendments.
I believe these
amendments—which helped expand popular participation in democracy—were inspired
by God. Therefore, Abraham Lincoln, and his Republican allies should be added
to the list of Authors of the Constitution. Likewise, the suffragettes, like
Ida B. Wells, who lobbied for the Nineteenth Amendment—guaranteeing women the
right to vote—deserve a place in the pantheon of Founders. The Revolutionary Generation
is not the only generation who should have a say in what the Constitution means
to us today.
III.
The Modern Era
Let’s get back in our
time-macine, and travel forward to the modern day. Zap!
On January 6 of this year
a mob stormed the U.S. Capital building in an attempt to overthrow the results
of a Constitutional election.
Dallin H. Oaks states, “Sovereign
power in the people does not mean that mobs or other groups of people can
intervene to intimidate or force government action. The Constitution
established a constitutional democratic republic, where the people exercise
their power through their elected representatives.”
I worry that we sometimes
take democracy for granted. Democracy is messy. Persuasion is hard. As a
result, many of us have become jaded and are no longer interested in defending
democratic institutions—like Congress. Some believe our institutions are corrupt
and cannot be saved through non-violent means. Some of us have even started to believe
ridiculous conspiracies that our political opponents are a cabal of Satanist child
snatchers.
In regard to our
individual participation in democracy, President Oaks states the following:
We must pray for the Lord to guide
and bless all nations and their leaders. This is part of our article of faith.
Being subject to presidents or rulers of course poses no obstacle to our
opposing individual laws or policies. It does require that we exercise our
influence civilly and peacefully within the framework of our constitutions and
applicable laws. On contested issues, we should seek to moderate and unify.
There are other duties that are
part of upholding the inspired Constitution. We should learn and advocate the
inspired principles of the Constitution. We should seek out and support wise
and good persons who will support those principles in their public actions. We
should be knowledgeable citizens who are active in making our influence felt in
civic affairs.
Popular participation in
government is good for at least two reasons:
1. Popular
participation increases the legitimacy of government and decreases feelings of disaffection,
disempowerment, and sedition; and
2. Increased
participation translates into better government, because our diverse perspectives
are better represented.
I don’t want another
Civil War. I don’t want our democracy to fall apart. I believe that we need to
respect the results of Constitutional elections, even as we lobby for changes that
move us toward a more perfect union.
Speaking of lobbying for
changes: How can the structure of our government better reflect the principles
of popular sovereignty underlying the Constitution? Let me offer a couple
suggestions.
Dallin H. Oaks says, “It
is wrong for citizens to have no voice in the selection of their rulers or the
making of their laws.”
There are regions in the
United States that currently have nothing more than symbolic representation in
our national legislature. The Revolutionary generation shouted, “No taxation
without representation.” 200 years later, the license plates in Washington,
D.C. state, “taxation without representation.” Apparently, nothing has changed.
Perhaps an amendment granting representation to those in territories like D.C.
would better reflect our democratic values.
Likewise, anachronistic institutions
that were created to increase the power of Slave States, like the electoral
college and the Senate, distort the popular vote and give disproportionate
influence to States with lower populations. This is contrary to the egalitarian
principle of “one person, one vote.” It’s just not fair.
I offer these as two areas
of possible change for your consideration.
I bear testimony that that
the Authors of the Constitution were divinely inspired. It is important to
defend the Constitutional principles of popular sovereignty, unalienable rights,
and separation of powers.
I say these things in the
name of Jesus Christ, Amen.
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