Some commonly unknown principles in the Constitution

In the past year or so I have been studying the Constitution in depth and it has been a very interesting journey so far.  It’s interesting how many principles from the Constitution I frankly had no clue about and did not learn about in school.  I want to share a few of them with you guys in the hopes that if you don’t already know them maybe you’ll learn something.  In the event I’m wrong about something correct me and I’ll learn as well.

1.  The Preamble says “provide for the common defence, promote the general Welfare”.  Notice how the framers choose to use the word “provide” when talking about defense but only “promote” when talking about the general welfare.  To promote something is a passive approach while providing something is an active approach.  This obviously points out the idea that government should provide defense but NOT welfare.  Also note the use of the word “general” before welfare.  This means that government should not have programs that target specific individuals or groups but instead only benefit the general population.  For example Social Security benefits a specific group: the elderly.

2.  Freedom of speech, as referenced in the 1st amendment only restricts the Congress and no one else.  The 1st amendment to the Constitution says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech”.  Note that Congress is the only one that is restricted from abridging speech and literally Congress is the only one that can even violate the 1st amendment.  So when a reporter is fired for “speaking out” or whatever and you hear people say “what about free speech?” remember that as long as Congress didn’t pass a law restricting said speech no violation of free speech has occured.

3.  The Federal government is restricted from doing anything the Constitution does not explicitly authorize them to do.  The 10th amendment to the Constitution says “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  So, for example, since the Constitution does not give the Federal government the power to control what an individual can and can’t put in his/her own body they can’t do it.  This means that all Federal drug laws are unconstitutional.

4.  Congress is the only one authorized to decide on going to war through a declaration of war.  Now it is true the Constitution does not specifically say “Congress must declare war before we go to war” but an honest study of the framers intentions combined with some logic will only lead to that conclusion.  ”The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war in the Legislature.” – James Madison (“The Father of The Constitution”)  Some may argue that a declaration is simply not required by the Constitution but to this I say then why in the world would the framers specifically give the Congress a power that is not needed at all?  Logic tells us that they would only give them a power if that power needs to be used thus if the Congress is given the power to declare war they must do so.

5.  The Constitution doesn’t give us our rights, we already have them, the Constitution instead restricts the Federal government from violating them.  Many believe that the Bill of Rights lists all the rights we have been given by the Constitution but that is incorrect.  The Declaration of Independence confirms that our rights are given to us by our Creator: “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”.  Government exists to protect our rights, NOT give us our rights.  The 9th amendment further explains: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  This means that we have more rights than is what is simply listed in the Constitution.

Let us not forget that the Savior declared, “I established the Constitution of this land, by the hands of wise men whom I raised up unto this very purpose” (D&C 101:80)  President Ezra Taft Benson said, “I reverence the Constitution of the United States as a sacred document. To me its words are akin to the revelations of God, for God has placed His stamp of approval on the Constitution of this land. I testify that the God of heaven sent some of His choicest spirits to lay the foundation of this government, and He has sent other choice spirits—even you who read my words—to preserve it.”

I would encourage all of us to study the Constitution and respect it and the rule of law by advocating and voting for leaders and policies that are in harmony with this sacred document.