This class provides a brief overview to the structure of the United States government and principles of the US Constitution from the viewpoint of the Founding Fathers.

1. The U.S. Constitution
Why we must understand the Constitution from
the viewpoint of our Founding Fathers

2. Old Man and the Ship that
Wouldn’t Start
 https://youtu.be/Wdg50zgK7fA

3. Emotionalism without principle is
the enemy of freedom

4. “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.” (D&C 101 77-78)
“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. (D&C 98: 5-9)
The Lord approves the US
Constitution

5. The U.S. Constitution embodies correct
governing principles that will protect the
liberties and unalienable rights of
individual citizens while providing for
justice, domestic tranquility, and
common defense for the society as a
whole.

6. WHAT TYPE OF
GOVERNMENT DO WE
HAVE?

7. The Founder’s Formula
 A combination of 3 types of
government to protect the citizens
from the Monarchy.
◦ Democracy (supreme power is lodged in
the hands of the people collectively)
◦ Republic (the exercise of sovereign power
is lodged in representatives elected by the
people)
◦ Theocracy (the people choose righteous
leaders to be accountable to God – oath
of office)

8. 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.

9. “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.”

10. 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.

11. Definition of 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.

12. Millions of Individuals
(Each endowed with unalienable rights)
Democracy
Community, County, State, Federal Representatives
(Selected rights are loaned from people to representatives)
Republic
Righteous government leaders
are accountable to God
(Oath of Office)
Theocracy
Republics are created by
vote
Theocracies are created
by covenant (oath)

13. 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.

14. 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.

15. Securing Liberty:
How is it accomplished in our
Constitutional Republic?
 Horizontal separation of power
 Vertical separation of power
 Representatives/Guardians of Liberty
 Electoral College
 Bill of Rights

16. Separation of Powers
 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.
Legislative
Branch
Executive
Branch
Judicial
Branch

17. 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.
Legislative
Branch
Senators have
become
representatives
of the people
Executive
Branch
Agencies and
bureaus have
been added to
write laws
Judicial
Branch
Judicial
legislation has
been introduced
and tolerated

18. 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
Separation of
powers between
federal, state and
local
governments.

19. Additional clarification
 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.

20. 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.

21. Inescapable Responsibilities of
Parents
Conduct of
Children
Education of
Children
Religious
Training of
Children
Raising children
to be morally
competent, self-
sustaining adults

22. Community Level (Social
contract)
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

23. County Level (Social contract)
 Activities which a group of communities
can handle collectively with more
efficiency than an individual community
• 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
• 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

24. 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.
• Authority to tax
• Regulate commerce
• Establish courts
• Define crime and
prescribe punishment
• Establish and
maintain public
schools
• 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

25. National Level
“The powers delegated by the proposed Constitution
to the federal government are few and defined.”
James Madison
20 powers (Article I Section VIII)
• Foreign affairs
• War, peace, national
security
• Managing interstate
commerce
• Federal taxes
• Naturalization
• Patents
• Bankruptcy laws
• 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

26. 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.

27. Thomas Jefferson
“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.”

28. Representatives: Guardians
 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.

29. 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.

30. 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.

31. 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.

32. 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?

33. Purpose of the Bill of Rights
 The Bill of Rights was added to the Constitution
as an extra protection against the federal
government assuming too much control and
authority.
 The purpose of the Bill of Rights is to protect the
theocracy.
 The States say NO to the Federal
Government. “Congress shall pass no law . . .”
 By saying NO to the Federal Government, each
community becomes accountable to the God.
 The local community has the power to determine
morality, decency and safety for their own
community to insure the individuals are
responsible for the stewardship God gave them
regarding their unalienable rights.

34. 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.

35. The First Amendment
“Congress shall make NO law
respecting an ESTABLISHMENT of
religion, or prohibiting the FREE
EXERCISE thereof.”

36. D&C 134
“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 a 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.”

37.  “Our Founding Fathers did
not wish to have a state
church established, nor to
have any particular religion
favored by government.
They wanted religion to be
free to make its own way, but
neither did they intend to
have IRRELIGION made into
a favored state church . . . If
we let come into being a
secular church which is
shorn or traditional and
divine values, where shall we
go for inspiration in the crises
of tomorrow?

38. “Can we appeal to the
rightness of a specific
regulation to sustain us in
our hour of need? Will we
be able to seek shelter
under a First Amendment
which by then may have
been TWISTED to favor
irreligion? Will we be able
to rely for counterforce on
value education aided in
school systems which are
increasingly secularized?

39. “And if our government and
schools were to fail us, would we
be able to fall back upon and rely
upon the institution of the family,
when so many secular movement
seek to shred it?” (Neal A.
Maxwell, A More Determined
Discipleship, Ensign, February
1979)

40. The Founders had already declared in the Northwest
Ordinance of 1787 that “religion” should be taught in
schools.

41. Common beliefs of all
They used the term “religion” in the
broadest sense, meaning the basic beliefs
in which practically all mankind agree.
◦ The ‘self-evident’ truth that there is a creator
who made all things
◦ The Creator has revealed a moral code
which defines what is right and what is wrong
◦ The Creator holds mankind responsible for
the way they treat each other
◦ That all mankind live beyond this life.
◦ In the next life, individuals are judged by the
Creator for their conduct in this one.

42. George Washington
In his farewell address,
George Washington spoke of
these religious principles as
the ‘indispensable supports’
of good government. He
said that there is no “security
for property, for reputation,
for life, if the sense of
religious obligation is lost
from among the people.
Their oaths in court and their
oaths in assuming high office
would become meaningless.”

43. Democracy in America – Alex
deToqueville
“there is no country in the world where the
Christian religion retains a great
influence over the souls of men than in
America; and there can be no great proof
of its utility and its conformity to human
nature than that its influence is
powerfully felt over the most enlightened
and free nation of the earth.”
Alex de Toqueville
The free exercise of religion allowed religious principles
to thrive in the hearts of the people who then selected
leaders who would uphold moral laws and principles.

44. Four Cornerstones of
Freedom
There are four
cornerstones of
religious freedom that
we as Latter-day Saints
must rely upon and
protect.

45. First cornerstone
The first is freedom to
believe. No one should
be criticized, persecuted,
or attacked by
individuals, or
governments either, for
what he or she believes
about God. It is very
personal and very
important.

46. Second Cornerstone
The second cornerstone of
religious liberty is the
freedom to share our faith
and our beliefs with others.
The Lord commands us, “Ye
shall teach [the gospel to]
your children … when thou
sittest in thine house.”11 He
also said to His disciples,
“Go ye into all the world,
and preach the gospel to
every creature.

47. Third Cornerstone
The third cornerstone of
religious liberty is the freedom
to form a religious
organization, a church, to
worship peacefully with others.
The eleventh article of
faith declares, “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.”

48. Fourth Cornerstone
The fourth cornerstone of
religious liberty is the freedom
to live our faith—free exercise
of faith not just in the home
and chapel but also in public
places. The Lord commands
us not only to pray
privately13 but also to go forth
and “let [our] light so shine
before men, that they may
see [our] good works, and
glorify [our] Father which is in
heaven.”

49. Influence of Morality and
Religion
“Our Constitution was made only for a
moral and religious people. It is
wholly inadequate to the government
of any other.”
John Adams

50. Do We Live by Fear or Faith?
“Don’t take
counsel from your
fears.”

51. Decrease in
Faith
Loss of Interest
in Religion
Increase in
Fears
Fears rob the
people of
confidence in
the theocracy
Government
moves towards
monarchy When faith
in God
dwindles .
. .

52. Millions of Individuals
(Each endowed with unalienable rights)
Democracy
Community, County, State, Federal
Representatives
(Selected rights are loaned from people to representatives)
Republic
Corrupt government
leaders are elected to
office
Monarchy
Fears motivate people to
choose corrupt
representatives
Corrupt representatives transfer
increasing amounts of power to
central government.

53. Fear is our Greatest Enemy
 Fear has been the driving force behind the
movement to remove the preamble to the Bill of
Rights and to ask the Federal Government to
restrict rights and responsibilities of local
governments.
 1940s - The Supreme 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.
 By applying the Bill of Rights to all levels of
Government – we lose protection of our
unalienable rights and by default we began the
move towards a monarchy.

54. Preamble to the Bill of Rights
 “THE Conventions of a number of the
States having at the time of their
adopting the Constitution, expressed a
desire, in order to prevent
misconstruction or abuse of its
powers, that further declaratory and
restrictive clauses should be
added: And as extending the ground
of public confidence in the
Government, will best insure the
beneficent ends of its institution . . .”

55. How the 14th Amendment
changed the 1st and 2nd
Amendments
The original intent of the Founders was to restrict
the powers of the Federal Government so the
State and Local governments can oversee the
needs of the people.
◦ 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.

56. The 14th Amendment - New
Interpretation
 The Bill of Rights was applied to all levels of
Government.
 The Supreme Court replaced the Creator as
the watchdog and enforcer of our unalienable
rights – our rights became vested rights.
The power to interpret is the power to
control, and the power to control is the
weapon to destroy.

57. FEAR was the driving force
behind this new interpretation
 Fear that communities and states would
not protect their citizens moved people to
ask the Federal Government to become
the watch dog.
False
Evidence
Appearing
Real
 When citizens react with emotionalism
absent of principle, they ignorantly
destroy the protections of our liberties.

58. Elder Robert D. Hales
As we face increased pressure to bow to secular
standards, forfeit our religious liberties, and
compromise our agency, consider what the Book of
Mormon teaches about our responsibilities. In the
book of Alma we read of Amlici, “a very cunning”
and “wicked man” who sought to be king over the
people and “deprive them of their rights and
privileges,” which “was alarming to the people of
the church.”15 They were taught by King Mosiah to
raise their voices for what they felt was
right.16 Therefore they “assembled themselves
together throughout all the land, every man
according to his mind, whether it were for or
against Amlici, in separate bodies, having much
dispute … one with another.”17