1. Why are they not working?
And what can we do about it?
2.
3. A New System of Government
is Invented
U.S. Founding Fathers
– Experienced tyranny of
George III
– Studied ancient
governments to
evaluate government
experiments of the past
– Were determined to
find a new form of
government
They created:
– a Constitution that
would produce the
advantages of good, and
prevent the
inconveniences of bad
government
– a Constitution that
would insure PEACE,
FREEDOM, and
HAPPINESS to the states
and people of America
4. Built-in Restraints
• A well-thought out system of checks and
balances was written into the Constitution to
protect the people from a tyrannical
government.
• The U.S. Constitution provides a system of self
repair which deals with abuse of power by
peaceful means and avoids the risk of one
revolution after another.
5. What kind of Government?
After the Constitutional Convention had finished its
work in 1787, a woman asked Benjamin Franklin
what kind of government had been decided
upon. He replied:
“A Republic, if you can keep it.”
6. Democracy or Republic?
Benjamin Franklin described it
best when he said:
“Democracy is two wolves and a
lamb voting on what to have
for lunch.
Liberty is a well-armed lamb
contesting the vote.”
History demonstrates that democracies deteriorate to
mob rule and chaos while liberty is found in Republics.
8. “During the early 1900s an ideological war erupted,
and the word ‘democracy’
became one of the casualties.
Today, the average American uses the term
‘democracy’ to describe America’s traditional
Constitutional republic.
But technically speaking it is not.
The Founders had hoped that their descendants
would maintain a clear distinction
between a democracy and a republic.”
Cleon Skousen
9. Democracy Defined
• Democracy means rule by the people just as
precisely as monarchy means rule by one.
• The Webster’s 1828 dictionary defines democracy
as a government by the people, a form of
government in which the supreme power is
lodged in the hands of the people collectively.
• A democracy becomes increasingly inefficient as
the population grows.
10. Republic
• On the other hand, a Republic is defined as a free
state in which the exercise of the sovereign
power is lodged in representatives elected by the
people.
• This form of government has sufficient power to
be controlled by the people with the necessary
attributes to remain stable as it is expanded.
11. A Constitutional Republic
• This system of government was invented by our
Founding Fathers.
• A written constitution would be the supreme
law of the land. This prevents government from
being run by the whims of men.
12. A Constitutional Republic
• Sometimes this form of government has been
referred to as a democratic-republic because it
would only become operational if approved by
the people.
• When ratified, the Constitution would become
the voice of the people, thereby making the voice
of the people the supreme law of the land.
13. A Balance of Freedom and Liberty
Freedom
A state of exemption from
the power or control of
another. Exemption
from fate, necessity, or
any constraint in
consequence of
predetermination. The
right to sovereignty and
self-determination.
Liberty
Civil liberty is an
exemption from the
arbitrary will of others
which exemption is
secured by established
laws which restrain every
man from injuring or
controlling another.
15. Private Morality
Private morality is a
matter between a
person and his
conscience.
Private moral right is to
do anything he
pleases as long as it
does not adversely
affect someone else.
Public Morality
The moment moral
behavior is in violation
of the quality of life set
by the majority of the
community, the person
is in the arena of
public morality and
must abide by the will
of the majority.
16. Remember . . .
Liberty is secured by established
laws which restrain every man from
injuring or controlling another.
17. “Stand fast therefore in the
liberty
wherewith Christ
hath made us free.”
Galatians 5:1
21. A Closer Look
The restraints of
government must
never be allowed
to become
obsolete or
neglected because
human nature does
not change.
secure
liberty
22. Securing Liberty
How is it accomplished?
• Horizontal separation of power
• Vertical separation of power
• Representatives/Guardians of Liberty
• Electoral College
• Bill of Rights
23. Horizontal Separation of Powers
For the first time in modern history, the Founders
divided these three branches into separate heads.
Legislative
• Article I
• Make the
laws
Executive
• Article II
• Enforce
the law
Judicial
• Article III
• Interpret
the law
24. Protective Chain
• The horizontal separation of powers is a
protective chain written into the original
Constitution.
• This separation of powers, when operating
properly, protects the people by preventing the
consolidation of power into one person or branch
of government.
25.
26. Erosion in the System
Unfortunately, this system of checks and
balances has been eroded over time through
amendments and judicial interpretations that
are not consistent with the original intent of
the Founders.
27. Vertical Separation of Powers
• Separation of powers between federal, state and
local governments.
• Our Founders desired to assign to each level of
government that service which it could perform
most efficiently and most economically.
28. Vertical Separation of Powers
• James Madison explained “the powers delegated
by the proposed Constitution to the federal
government are few and defined.”
• The 10th Amendment of the Bill of Rights clarifies
this division by stating that “the powers not
delegated to the United States by this Constitution,
nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
29. Vertical Separation of Powers
Only specific limited power assigned to each level of government.
The further up the pyramid, the less power given to that branch of
government.
The Federal
Government
The Several
States
Thousands of Counties
Millions of Communities
Tens of Millions Families
Hundreds of Millions Individuals
30. Individual level
• The people have unalienable rights to exercise
agency in governing their own affairs as long as it
did not impose on the rights of others.
• Individuals have the right and responsibility to
solve problems relating to work, play,
associations, creature comforts, education,
acquisition, and disposition of property.
• As a member of society, the individual has the
right to a voice and a vote.
31. Family level
• The family is the most important unit of
organized society.
• Within families the individual finds greater
satisfaction and self-realization than in any other
segment of society.
32. Family Level
• The family is granted exclusive and sovereign
rights which cannot be invaded by another
branch of government unless:
– There is evidence of extended and extreme
neglect of children.
– There is evidence of criminal abuse.
– The family residence is being used for criminal
purposes.
33. Inescapable Responsibilities of Parents
Conduct of
Children
Education of
Children
Religious Training
of Children
Raising children to
be morally
competent, self-
sustaining adults
34. The Community Level
Things that a community can do better than an
individual family
– Roads
– Schools
– Water
– Police protection
– City courts to handle misdemeanors
– Power to tax to provide these services
35. The County Level
Activities which a group of communities can handle
collectively with more efficiency than an individual
community
• Levying and collecting taxes
based on property value
• Issuing licenses for fishing
and hunting
• Records of deeds, births,
deaths, marriages
• Conducting elections
• Caring for the needy
• Protecting public health
• Prosecution of serious
crimes or minor crimes in a
rural area
• Secure long-term county
jail (for prisoners serving less
than one year)
• Providing county roads,
bridges, drainage systems
• Providing rural schools,
rural police services
36. The State Level
Sovereign entity of a specific region which can function
more effectively for all communities, counties, and
people of the state than they can do for themselves.
• Build roads and bridges
• Supervise intrastate waterways
• Pass laws to protect the health,
safety and morals of the people
• Moral problems include liquor,
gambling, drugs, prostitution
• Authority to tax
• Regulate commerce
• Establish courts
• Define crime and
prescribe punishment
• Establish and
maintain public
schools
37. National Level
“The powers delegated by the proposed Constitution
to the federal government are few and defined.”
James Madison
• Federal lands and property
• Federal finance
• Coining of money
• Fixing weights and measures
• Establishing post offices
• Setting up federal courts
• Handling crimes on the high seas
• Violations of the laws of nations
20 powers
• Foreign affairs
• War, peace, national security
• Managing interstate commerce
• Federal taxes
• Naturalization
• Patents
• Bankruptcy laws
38. National level
• The Founders feared that federal officials and
federal agencies would try to invade or control
the activities assigned to the states.
• They therefore included the 10th Amendment to
remind the federal government that it had no
authority in any area not specifically described by
the Constitution.
39. “The way to have good and safe
government is not to trust it all to
one, but to divide it among the
many, distributing to everyone
exactly the functions he is
competent to . . . 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 everyone what his own eye
may superintend, that all will be
done for the best.”
Thomas Jefferson
40. Representatives – Guardians of Liberty
• Representatives are selected by a majority vote of
the people. This is one of the fundamental
differences between a republic and a democracy.
• The average citizen does not have time to study the
issues to the extent required to make an informed
vote. We elect representatives to do that for us.
• A representative government protects us from votes
cast by individuals who are easily influenced by 30
second sound-bytes and expensive political ads.
41. Representation
Covenants and Accountability are the benefits of a
representative government.
The representative has specific, covenant duty
relating to the source and boundaries of his
authority, the Constitution, and to those who choose
him to perform that duty, the citizens.
He is accountable to both for the ethical and wise
performance of his duty.
42. Jesus Christ is the perfect
example of the good
representative.
“For I came down
from heaven, not to
do mine own will, but
the will of him that
sent me.”
John 6: 38
43. Guardians of Liberty
• Guardians of liberty have been established at all
levels and in all branches of government.
• Guardians were set up to ensure that the
Constitutional provisions are in force.
Who are the guardians?
The people themselves!
44. First Level of Guardians
• The first level of guardianship comes from We the
People.
• We must elect good leaders and hold them
accountable for the execution of these
responsibilities.
45. Additional Guardians
• Father : Guardian of the family. His role is to
provide, protect, and represent the family.
• Local and State leaders: Guardians of the local
governments
• House of Representatives: Guardians of the
people
• Senate: Guardians of the States
• President: Guardian of the government
• Supreme Court : Guardian of the Constitution
46. Electoral College
The electoral college was originally instituted by the
Constitution to extend the protections of
representative principles to the election of the
Executive.
47. The selection and purpose of the
Electoral College
• Each State Legislature was to decide a method by
which to designate Electors numbering the sum
of their Senators and House Representatives.
• The sole purpose and interest of this
representative body of Electors was to determine
and nominate by closed and independent ballot
the best candidates for president.
• Each Elector selected two prospects.
48. Executive Election
• The closed ballots were to be transmitted to
Congress to be opened and counted in the
presence of both houses.
• If an individual was nominated by the majority of
the Electors that person would be the President.
• If more than one, or no individual has a majority,
then the House of Representatives votes on
which will be President, each State having one
vote.
49. The 12th Amendment - 1804
• The 12th amendment requires separate electoral
ballots for the president and vice president.
• In the election of 1800, Thomas Jefferson and
Aaron Burr each received 73 electoral votes. The
House of Representatives had to vote 35 times
until on the 36th ballot Jefferson won.
50. Benefits of the Electoral College
• All Electors would meet on the same day so there is
little chance of collaboration. The Electors would
not know the outcomes from the other states until
their part was over.
• Electors would be representatives charged with the
research and evaluation of prospective executives
based upon their merits and performance in regards
to public trust and constitutionality.
• In the early days of the nation, electors were chosen
due to their wisdom and knowledge of politics, not
due to their preference for any particular
candidate.
51. The Bill of Rights
• The people insisted on a Bill of Rights.
• They feared, from bitter experience of the past,
that the courts of government executives might
somehow twist the meaning of certain words in
the Constitution so as to deprive them of their
rights, precisely as King George and his officers
had done.
• This is why George Mason, a leading patriot from
Virginia, declared that he would rather have his
right hand chopped off than sign a Constitution
without a Bill of Rights.
52. What is the Bill of Rights?
• It is not a declaration of rights at all. It is a
declaration of prohibitions against the Federal
Government.
• In the minds of the Founders, usurpation and
intervention by the federal government in the
affairs of the states and the people were the most
ominous threats.
• Therefore the Bill of Rights opens with a bold
prohibition against the Federal Government.
These prohibitions are restrictive on all branches
at a Federal level – Executive, Legislative, Judicial.
53. What the Bill of Rights is Not
• The Founders did not want the Federal
government to serve as a watchdog over the
states’ responsibility to protect the rights of the
people.
• IF the states failed in their responsibility, they
wanted the pressure to build up, thus forcing
correction within the confines of the state.
What happens to separation of powers when we run
to the Federal Government to enforce issues that
should be resolved within the state or community?
54. James Madison learns
an important lesson
• James Madison tried to include a provision in the Bill of
Rights which said: “No state shall violate the equal
rights of conscience, or the freedom of the press, or
the trial by jury in criminal cases.”
• Obviously, this was designed to authorize the federal
government to intervene if a state failed to perform its
duty.
• The Congress turned it down flat. They wanted the
federal government to stay out of the business of the
states. If the people found their state derelict they
were to correct it on a state level and not come
running to Washington or the federal courts to have it
corrected.
55. Securing Liberty
How is it accomplished?
Horizontal
Separation of
Power
Vertical
Separation of
Power
Representatives/
Guardians of
Liberty
Electoral College Bill of Rights
56. How Did We Lose our Balance?
• Emphasis on
Democracy
– Loss of
Representation
– 17th Amendment
• Freedom from
Consequence
– Loss of liberty
– 14th Amendment
57. Emphasis on Democracy
Are we forgetting to support, communicate with,
and educate our representatives?
• Initiatives/Referendums of the people on the
ballot allow a democracy to rob the republic. We
must be cautious. The people should petition
their representatives instead.
• Evolution of the Electoral College
• 17th Amendment
58. Evolution of the Electoral College
1804 – Each state determined how
to choose electors. Initially, electors
selected by State Legislatures.
By 1860 - All states have decided to
choose electors by direct popular
vote.
Trend begins towards “winner-take-
all” electoral votes as the 2 party
system emerges.
59. Each party puts up a “slate of electors”
– a list of individuals loyal to their
candidate.
Individual electors appeared on the
ballot but this confused voters.
Today, the expression “Electors for . . . “
usually appears in fine print on the
ballot in front of each set of candidates.
48 States have the winner take all rule
for the Electoral College (Nebraska and
Maine are exceptions).
60. • There is no federal law requiring electors to vote
as they have pledged, and over the years a
number of electors have voted against the
instructions of the voters.
• 29 states and the District of Columbia have laws
binding electors to the popular vote winners, but
most constitutional scholars believe that electors
remain free agents and that such laws would not
survive constitutional challenge.
The Elector’s Vote
61. States that bind electors to the
popular vote
Alabama
Alaska
California
Colorado
Connecticut
Delaware
*District of Columbia
Florida
Hawaii
Maine
Maryland
Massachusetts
Michigan
Mississippi
Montana
Nebraska
Nevada
New Mexico
North Carolina
Ohio
Oklahoma
Oregon
South Carolina
Tennessee
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming
*The 23rd Amendment gave 3 electoral votes to the District of Columbia, even though it
is not a state.
62. States without legal binding
Arizona
Arkansas
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Minnesota
Missouri
New Hampshire
New Jersey
New York
North Dakota
Pennsylvania
Rhode Island
South Dakota
Texas
West Virginia
63. National Popular Vote Compact
• Between 2001 and 2008, bills were introduced in
every state in the country to change the process
for selecting electors.
• Most of the bills proposing changes to the
Electoral College that have passed were
introduced in the last two years. They would
adopt the National Popular Vote Compact.
64. National Popular Vote Compact
• If enough states adopt the Compact so that their
electoral votes constitute a majority (270), the
Compact would take effect. Under the provisions
of the Compact, in any participating state, all of
the state's electors would be awarded to
whichever candidate wins the national popular
vote.
• The bill has been enacted by 9 jurisdictions
possessing 132 electoral votes — 49% of the 270
necessary to activate it (VT, MD, WA, IL, NJ, DC,
MA, CA, HI).
65. The Role of the Senator
• The original intent of the Founders was for
Senators to be appointed by State Legislatures.
• The Founders had assigned the Senate the
responsibility of representing the states as
sovereign entities, which is why they were
appointed by state legislatures rather than being
elected directly by the people of the state.
66. The Role of the Senator
• They did not want the Senators to be compelled
to involve themselves in the popular issues of the
day but instead concentrate primarily on the
protection of states rights and on maintaining the
established order.
• The Senator would be accountable to the
Legislature for how they protect State interests.
67. The Role of the Senate
Balance the Budget
Keep taxes as low as possible
Temper the radicalism of the House
Serve as the “elder statesmen” of the Congress
68. The 17th Amendment
• This amendment gives the people of each state
the right to elect their United States Senators
instead of having them appointed by their state
legislatures.
• Both the Senate and the House are now a
reflection of the popular will without reference to
the sovereign interests of the states.
• The checks and balances which the states were to
have provided through their Senators have been
lost.
69. When did the Fed become
the watch dog?
• The Founders did not want
the Federal government to
serve as a watchdog over
the states’ responsibility to
protect the rights of the
people.
• IF the states failed in their
responsibility, they wanted
the pressure to build up,
thus forcing correction
within the confines of the
state.
70. Historical Time Line
13th
Amendment
• 1865
• Abolished
slavery
14th
Amendment
• 1868
• Guaranteed
freed slaves
their rights
15th
Amendment
• 1870
• Guaranteed
freed slaves the
right to vote
3 Amendments passed in rapid succession after the Civil War
71. A Poorly Written Amendment
• The 14th amendment was written in retaliation to
the civil war. The states of the North were
punishing the states of the south.
• It was hastily and poorly written and includes the
line “no state shall make or enforce any law
which shall abridge the privileges or immunities
of citizens of the United States.”
• Unfortunately it did more to destroy rights
instead of protecting or giving rights.
72. 1940s
• The Supreme Court separated the intent from the
wording and substituted a totally revised and
foreign interpretation.
• The Court declared that the purpose of the 14th
Amendment was to limit the States not just on
racial civil rights issues, but on numerous items
contained within the Bill of Rights.
73. 1940s
• The Federal Courts have also adopted a doctrine
called “substantive due process” based on the 5th
and 14th Amendments which has appropriated
new federal jurisdiction by applying most of the
federal Bill of Rights to State Governments.
• This amendment changed the Bill of Rights. They
were no longer a prohibition against the Federal
Government, but a prohibition against any level
of government as defined by the Supreme Court.
74. How the 14th Amendment changed the
1st and 2nd Amendments
The original intent of the Founders was to get the
Federal Government out so the State
governments can be in.
– We have the responsibility within our own
communities to protect our standards of morality,
decency and safety.
– Each individual has a right and responsibility regarding
standards of behavior in their community.
– If we the people allow evil to come into our
community, then we are responsible.
75. Consequences of a Federal Watch Dog
• Judicial interpretation of the 14th
Amendment allows the Federal
Government to come in and dictate
standards of morality, decency and
safety within their own
communities.
• Federal government is now coming
into communities and churches to
tell them what to do.
76. Current Examples:
Opinion on Prop 8 – 9th Circuit Court
“Prior to November 4, 2008, the California
Constitution guaranteed the right to marry to
opposite-sex couples and same-sex couples
alike. On that day, the People of California
adopted Proposition 8, which amended the
State Constitution to eliminate the right of
same-sex couples to marry. We consider
whether that amendment violates the 14th
Amendment to the United States Constitution.
We conclude that it does.”
77. Current Examples:
Chicago’s ban on handguns: June 28, 2010
• The Supreme Court decision’s ruling against the
city of Chicago pertaining to Chicago’s strict ban
on handguns.
• The ruling basically said that the 14th Amendment
allows the Federal Government to enforce
Chicago’s right to bear arms.
78. Food for thought
• Have 2nd Amendment rights been protected or
dictated?
• Does this open the door for the same type of
dictatorial control over the 1st Amendment, the
10th Amendment, or any other part of the Bill of
Rights?
• Will this decision establish a precedent that will
allow them to come into each community and
dictate standards of morality and decency?
79. The authority to interpret
becomes the power to control.
The power to control
becomes the weapon to destroy.
80. Losing Our Balance
Transferring the decision back to
Washington, DC, or to the popular vote, and
away from the people’s local representatives,
is a direct blow to the concept of a
Republican form of government with proper
checks and balances.
81. Why are they not working?
What part of the Constitution
has been broken?
82. Finding a Solution
Define
the
problem
Identify what
part of the
Constitution
has been
broken
Suggest
Repair
Connect with
like-minded
organizations
to educate
the public and
apply the
repair
83. Problem Constitutional Reference
Executive Orders, Federal Bureaus and
Agencies creating Legislation and
Regulations
Article I. Section 1. “all legislative powers
shall be vested in a Congress”
Judicial Legislation Article I. Section 1. “all legislative powers
shall be vested in a Congress”
Loss of Representation/Republican Form
of Government
Article IV. Section 4. “the United States
shall guarantee to every State . . . A
Republican Form of Government.”
Loss of Representation – Evolution of the
Electoral College
Article II. Section 1. “each State shall
appoint a number of Electors . . . .” and
12th Amendment
Loss of Representation – Selection of
Senators
Article I. Section 3. changed by the 17th
Amendment
Bill of Rights applied to State and Local
Govt. with Federal Government watchdog
14th Amendment - Judicial interpretation
85. Repeal the 17th
Amendment
Include a provision that the Senators be
paid by individual states to increase
loyalty of Senators to their own States.
Include a provision that a Senator can be
voted out of office by the decision of a
super majority of their state legislators
(super majority is 2/3).
17th Amendment –
Loss of State Representation
87. Amendment
to restrict an
out-of-
control
Executive
Branch
Executive orders apply ONLY to the
administrative offices of the Executive
Branch of the Federal Government.
Remove authority from administrative
agencies to make laws.
Prevent the President from issuing any
agreements with foreign powers, except
as outlined under the treaty provisions of
the Constitution.
Article 1. Section 1. “all legislative powers shall be vested in a
Congress”
88. Judicial
Reform
Amendment
Section 1: Any decision or decree of the
Supreme Court which violates the original
intent of the framers can be repealed by 2/3 of
the House and Senate or ¾ of State Legislatures.
Section 2: Clarifies jurisdiction of the Supreme
Court and courts of the Federal Judiciary.
Section 3: Clarifies qualifications to serve as a
Supreme Court Justice.
Article 1. Section 1. “all legislative powers shall be vested in a
Congress”
89. Suggested Amendments to the
Constitution
Amendment to restrict
an out-of-control
Executive Branch
Judicial Reform
Amendment
Repeal the 17th
Amendment
Clarification of the 14th
Amendment
91. Election of a
courageous
Congress
committed to
Constitutional
Restoration
Voter
Education
Connecting with
like-minded
organizations.
Meet the
Candidate
Events
Constitutional
Certification
of Candidates
Classes and
certification
requirements for
candidates
Article 1. Section 1. “all legislative powers shall be vested in a
Congress”
Discussion
92. Caution in regards to
Initiatives and
Referendums
Education
Preservation of the
Caucus System
Education
Education and
support of
Representatives
Education
Article IV. Section 4. “the United States shall guarantee to every
State . . . A Republican Form of Government.”
Discussion
93. Repair the
Electoral
College
Selection of Electors determined
by State Law
Education of State Legislators
about Electoral College
Stop the passage of the National
Popular Vote Compact
Article II. Section 1. “each State shall appoint a number of Electors .
. . .” and 12th Amendment
Discussion
