Learn The Constitution

Monday, October 6, 2014

Governed by Law or the Whims of Men

What the Founding Fathers Wanted:

The Founding Fathers knew that any government governed by a King or Dictator would be a government governed by the whims of men, because of that the People’s rights would not be protected.  They did not want that.  They already knew what that was like.   They wanted a government of the People, by the People and for the People, which would be governed by Law.  The Law was to be the natural law or law of God, a Law that created the highest happiness and good of the people.  It would be a law that the people could count on to protect their rights from being infringed by others.

To achieve this aim, the Founding Fathers had to draw up a written constitution that laid down exactly what the government leaders could and could not do.  If government leaders were to go by law, the law had to be put in place, otherwise the whims of men would eventually creep in.  The law was put in a written constitution.

Who was given the power to make the other needed laws:

In the U.S. Constitution, Article I, Section 1, it reads:
“All legislative powers herein granted shall be vested in a Congress of the United States.”
 Legislative powers are the powers to make the laws.  Notice it says ALL legislative powers, not part or most of the legislative power but ALL the legislative power.
Congress is the only government organization that is invested with the power to make laws for the Nation.  These should be laws that pertain to the powers granted to the Federal Government.
There are two restrains that are natural and should of course, be applied to those making a law.
1. A government has no power given to it except that which comes from the people, therefor they cannot rightfully execute any law contrary to what the people themselves have to power to do.
2. A government has no power to give a responsibility or power they have been given to another.

Here is a question:  Are there other government heads or agencies making laws beside Congress?  If so, who had the right to give them the power to do so?  And are there other government agencies or other organizations that are performing the responsibilities that was given to Congress, and if so, what right did Congress have to give their responsibilities away?  You can look up what the powers of Congress are in “The Making of America” or the condensed version, “The Constitution of the United States in a Nutshell.”   Check for yourself which power Congress gave away.

In the Constitution there are laws placing restrictions on the laws Congress can pass known as The Bill of Rights or the first ten amendments.
Amendment I   (First Amendment Rights)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of Speech, or of the press or the right of the people peaceable to assemble, and to petition the Government for a redress of grievances.
Amendment II   (Second Amendment Rights)
A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Part of the United States Constitution is about the rights of the people when accused of a crime such as Amendment IV to Amendment VIII:
Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same defence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
Amendment Vii

In Suite of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fac tried by a jury, shall be otherwise re=examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, or cruel and unusual punishments inflicted.

The  key to a  good government was to form a government of the people, so that good laws would be passed for the benefit of the people.
Each has a job to do:
The President scrutinizes the laws to see how good they are for the Nation through his veto power.
The Senate scrutinizes the laws to see how good they are for the States.
The House of Representatives scrutinizes the laws to see how good they are for the people.
The Supreme Court scrutinizes the laws to see if they go according to the Constitution.
The People are to see that their government officials are doing their job right.  Do you see anyone not doing their job right so only good laws are passed?
Make sure you know the laws in the United States Constitution and that your government officials are doing their jobs accordingly, if not, vote them OUT!!!

Learn more about the meaning and substance of the U. S. Constitution by purchasing and reading your own copy of the book, “Making of America” by W. Cleon Skousen.

Good laws are so important for your protection and freedom.

Linda N. Hackett

Thursday, October 2, 2014

Where did the Founding Fathers main source of government ideas come from?

Where did the Founding Fathers main source of government ideas come from?
What they did:

 “They carefully scrutinized every system of government in existence to see which one was the most likely to make it possible for humanity to attain the three great goals of freedom, prosperity, and peace.”   “No existing government was designed to provide the people with freedom, prosperity, and peace.”

“Is there, at this moment, a nation upon earth that enjoys this right, where the true principles of representation are understood and practiced, and where all authority flows from and returns at stated periods to the people?  I answer, there is not.”  Charles Pinckney
 Making of America, p. 3

What they did next:
Finding no existing government that provided the people with freedom, prosperity and peace the Founding Fathers set out to create one.

They found most of the principles they used in the Bible.

The Bible and government principles:  “They were also careful students of the Bible, especially the Old Testament, and even though some did not belong to any Christian denomination, the teachings of Jesus were held in universal respect and admiration.” Making of America p. 11

18 of the Governmental Principles Found in the Bible:
1. Sound government should be based on self-evident truths. That means truths that are so obvious, so rational, and so morally sound that their authenticity is beyond reasonable dispute.
2. Government of mankind here on earth should be based on the law of nature and of nature’s God.
3. Men are created equal.  The Creator made human beings equal in their rights, equal before the bar of justice and equal in his sight
4. These rights which have been bestowed by the Creator on each individual are unalienable: that is, they cannot be taken away or violated without the offender coming under the judgment and wrath of the Creator.
5. Among the most important of the unalienable rights are the right to life, the right to liberty, the right to property and the right to pursue whatever course of life a person may desire in search of happiness, so long as it does not invade the inherent rights of others.
6. The most basic reason for a community or a nation to set up a system of government is to assure its inhabitants that the rights of the people shall be protected and preserved.
7. No office or agency of government has any right to exist except with the consent of the people or their representatives.
8. If the government itself begins to violate those rights – then it is the right and duty of the people to regain control of their affairs and set up a form of government which will serve the people better.
9. The best type of government is a Representative type where the people hold the power to govern themselves and what they could not handle it went to higher representatives.
Israelite form of government went as follows:
600,000 families with power to govern themselves
A Representative for a group of 10 families
A Representative for a group of 50 families
A Representative for a group of 100 families
A Representative for a group of 1,000 families
Elected Representatives (A congress)
Council of Seventy (A Senate)
Aaron – a vice president over internal affairs
Joshua – a vice president over the military
Moses – the prophet leader
10. Land is a private stewardship of the people, not the government.
11. Rights of property was to be protected.
12. Rights of life and private liberty is to be protected.
13. All leaders were selected with the consent of the people.
14. All laws came into force only by the consent of the people or their representatives.
15. Accused persons were presumed to be innocent until proven guilty.
16. The entire code of justice was based primarily on reparation to the victim rather than fines and punishment by the commonwealth.
17. Fundamental to the entire system of Law was a strong commitment to a very basic code of solid morality.
18. The government is to operate according to principles of law, not the whims of men.
“When the time came for the United States of America to adopt a constitution, our forefathers modeled it after the perfect Israelite system of administration.”
Howard B. Rand, an American lawyer.
 The Making of America p 28, 52-53

“While studying the history of ancient Israel, Jefferson made a significant discovery.  He saw that at one time the Israelites had practiced the earliest and most efficient form of representative government.  As long as the Israelites followed their fixed pattern of constitutional principles, they flourished.  When they drifted from it, disaster overtook them.  Jefferson thereafter referred to the constitutional pattern as the “ancient principles.”   “Jefferson was also surprised to find that the Anglo-Saxons somehow got hold of some of these “ancient principles” and followed a pattern almost identical to that of the Israelites.” Making of America, p. 27-28

“Has not every restitution of the ancient Saxton laws had happy effects?  Is it not better now that we return at once into that happy system of our ancestors, the wisest and most perfect ever yet devised by the wit of man, as it stood before the eighth century?”
Thomas Jefferson

The Founding Fathers were very familiar with other sources of information:

Often the Founders read the classic in their original language.  They were familiar with:
Plato’ Republic and his Laws;
Aristotle’s Essays on Politics;
the political philosophy of the Greek historian, Polybius; with the great Roman defender of republican principles,
the legal commentaries of Sir Edward Coke;
the essays and philosophy of Francis Bacon;
the essays of Richard Hooker;
the dark forebodings of Thomas Hobbes’ Leviathan;
the more optimistic and challenging Essays on Civil Government, by John Locke;
the animated Spirit of the Laws, by Baron Charles de Montesquieu of France;
the three volume work of Algernon Sidney, who was beheaded by Charles II in 1683;
The writings of David Hume;
The legal commentaries of Sir William Blackstone;
The economic defense of a free market economy b Adam Smith called The Wealth of Nations.
The Founders knew their classics.  They also knew their history –biblical, Greek, Roman, European, and American.  From all of these valuable sources they sorted out what they considered to be the best and most enduring for the prosperity and peace of a free people under a republican system of self-government.”  Making of America p. 61

You could certainly say that our Founding Fathers really did their research and because of it, created the Greatest and most Free  nation on earth in the history of mankind.

All this information came from Making of America, the Substance and Meaning of the Constitution by W. Cleon Skousen.  It took Dr. Skousen 40 years of research to gain the information for his book and it took another 14 years to write it.  He did all the work, and you can gain all the knowledge just by purchasing this great book and reading it for yourself.  It is one of the best books I have ever read.  Don’t delay, purchase your copy today!

Linda N. Hackett


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