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

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