Constitution

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KSL’s recent coverage of the ouster of Senator Bob Bennett from the United States senate apparently as a result of the Tea Party’s activism appears superficial and is noteworthy for a number of reasons. For example, on Friday night editorial director Duane Cardall read the following statement:

Bob Bennett in Tea Party exchange Senator Bob Bennett has served the people of Utah well for nearly 18-years.

It’s unfortunate the general populace didn’t have opportunity to decide whether or not he should be retired at the end of his third term. Instead, his fate rested in the hands of a few thousand delegates at last weekend’s state GOP convention who seemed determined to defeat him, whatever the cost.

Senator Bennett certainly has solid conservative credentials, but also an understanding of the art of political compromise and the ability to work closely with those of all persuasions. It is a gift sorely lacking in today’s divisively toxic political climate. And, sadly it is an attribute that likely contributed to his defeat as anti-Washington fervor spreads across the nation.

KSL doesn’t endorse candidates, and our criticism of what happened last Saturday should not be construed necessarily as support for Senator Bennett’s re-election. Our concern is the way he was so unceremoniously, even boisterously defeated by a system that rewards extremist rhetoric more than rational dialogue. That this dedicated and capable public servant would be roundly booed, even vilified by resolution, speaks volumes about the tenuous nature of politics today.

For all he’s done for Utah, Bob Bennett deserved better.1

While the editorial rightly pointed out the polarizing nature of political debate in a two-party system, it entirely missed the point that Utah citizens deserve more from its elected officials. Senator Bennett serves in the senate at the behest of the citizens of the state – not the other way around. Also, while political compromise may seem laudatory, at what point do the statist policies of an ever encroaching government end and personal responsibility and accountability stand firm?

State delegate Connor Boyack recently commented on the senator’s seeming lack of principle:

Bob Bennett and the Tea Party »»

  1. Senator Bennett”. 14 May 2010. KSL.com. 16 May 2010.

The process for approving President Obama’s supreme court nominee Elena Kagan has become a significant news item of late. Supreme Court Nominee Elena KaganFor example, today’s civics “Lesson Plan” at the New York Times suggested a methodology for reviewing Ms. Kagan’s nomination in order to help students “determine whether they believe she should be appointed to the bench after learning about her experience, background and stances. They then develop a ‘game plan’ for supporting or opposing the nomination.”

Below is an excerpt of how they suggest teachers approach discussing the nomination with their students:

Ask students to share what they already know about the U.S. Supreme Court using such questions as: What do Supreme Court justices do? What is judicial review? What does it mean to interpret the United States Constitution? How does a person become a Supreme Court Justice? Why are a nominee’s political leanings and judicial ideology a matter of interest and concern, particularly to members of the Senate?

Next ask students to brainstorm the qualities and experience they think a Supreme Court justice should have, given their understanding of the position. List these on the board and discuss them briefly.

Then ask students to share what they have heard or read about Elena Kagan, such as her experience as U.S. Solicitor General or dean of the Harvard Law School. If students do not mention it themselves, tell them that Ms. Kagan has not served as a judge, which is not a requirement. Indeed, though most Justices have had judicial experience prior to their Supreme Court appointments, 40 (out of 111 total) have not, including chief justices William Rehnquist (who immediately preceded Chief Justice Roberts), Earl Warren and John Marshall.1

The article goes on to suggest other ways in which to view Ms. Kagan’s nomination.

In some respects, this lesson contains information that bears some similarities to a talk given by Rex E. Lee, former Solicitor General in the Reagan administration, almost 20 years ago in a devotional address at Brigham Young University. In that talk, he suggested the consequences attendant to interpreting the Constitution and the importance of pending judicial nominees:

One of the most important features of the American Constitution, both in theory and in practice, is the magnificent breadth of its most important provisions–notably the commerce clause, most of the Bill of Rights guarantees, and the Fourteenth Amendment’s due process and equal protection clauses. The lack of specificity of these and other provisions has almost certainly been essential to the ability of this document drafted in 1787 to survive over 200 years of the largest and most unanticipated change that any country at any time has ever experienced.

Supreme Court Nominee Elena Kagan »»

  1. Doyne, Shannon and Holly Epstein Ojalvo. “On the Bench? Vetting Supreme Court Nominee Elena Kagan”. 11 May 2010.

Yesterday, Dallin H. Oaks of The Quorum of Twelve Apostles of The Church of Jesus Christ of Latter-day Saints gave a landmark talk on religious freedom at Brigham Young University – Idaho. Elder Oaks reiterated the importance of preserving and maintaining religious liberty and stated,

Dallin H OaksIt was the Christian principles of human worth and dignity that made possible the formation of the United States Constitution over 200 years ago, and only those principles in the hearts of a majority of our diverse population can sustain that constitution today.

Previously, it was noted that a vote against last year’s Prop 8 in California would create a “tyranny of tolerance” which would lead to “inevitable clashes between religious liberty and free speech.”1 Elder Oaks said,

. . . there are other reasons why the public square must be open to religious ideas and religious persons. As Richard John Neuhaus said many years ago, “In a democracy that is free and robust, an opinion is no more disqualified for being ‘religious’ than for being atheistic, or psychoanalytic, or Marxist, or just plain dumb.”

The transcript of his talk – in addition to links to many of the sources cited – can be found at Religious Freedom. As with previous articles, please leave your comments below.

Sources:

  1. David A. Bednar on Proposition 8 Video.

Yesterday, an article about the United States Constitution was posted in the new Articles section of Believe All Things. We plan to use this section of the site to post information that will have a longer “shelf-life” than the normal blog post and commentary.

New Articles section of Believe All Things We hope you take a look at these articles. As we add new information, we’ll post a note here announcing them so you can review them.

This first article attempts to explain why members of The Church of Jesus Christ of Latter-day Saints attach a special significance to the Constitution and why preserving these principles in society is important. We hope you enjoy it. Feel free to leave your comments to this article below.

The “constitution to hang by a thread” is a statement often attributed to Joseph Smith. The following is the “only known contemporary account of this well-known prophecy of Joseph Smith.”1

After reading a chapter in Ezekiel, the parable of the 12 olive trees in D&C 101:44-62, and referring to the Redemption of Zion, he said:

Constitution and the U.S. Flag

We shall build the Zion of the Lord in peace untill the servants of that Lord shall begin to lay the foundation of a great and high watch Tower and then shall they begin to say within themselves what need hath my Lord of this tower seeing this is a time of peace &c—Then the Enemy shall brak come as a thief in the night and scatter the servants abroad when the seed of these 12 Olive trees are scattered abroad they will wake up the Nations of the whole Earth Even this Nation will be on the very verge of crumbling to pieces and tumbling to the ground and when the constitution is upon the brink of ruin this people will be the Staff upon which the Nation shall lean and they shall bear away the constitution away from the very verge of destruction—Then shall the Lord say go tell all my servants who are the strength of mine house my young men and middle aged &c come to the Land of my vineyard and fight the battle of the Lord—Then the Kings & Queens shall come then the rulers of the Earth shall come then shall ail saints come yea the Foreign saints shall come to fight for the Land of my vineyard for in this thing shall be their safety and they will have no power to choose but will come as a man fleeth from a sudden destruction—But before this the time shall be when these who are now my friends shall become my enemies and shall seek to take my life and shall be m there are those now before me who will more furiously pursue me and the more dilligently seek to my life and be more blood thirsty upon my track than ever were the Missouri Mobbers You say among yourselves as did them of old time it is I & is it I  But I know these things by the visions of the Almighty.2

In May 1843, James Burgess reports that Joseph Smith said the “Constitution and Government would hang by a brittle thread”:

In the month of May 1843. Several miles east of Nauvoo. The Nauvoo Legion was on parade and review. At the close of which Joseph Smith made some remarks upon our condition as a people and upon our future prospects contrasting our present condition with our past trials and persecutions by the hands of our enemies. Also upon the constitution and government of the United States stating that the time would come when the Constitution and Government would hang by a brittle thread and would be ready to fall into other hands but this people the Latter day Saints will step forth and save it.

General Scott and part of his staff on the American Army was present on the occasion.

I James Burgess was present and testify to the above (James Burgess Notebook, Church Archives).3

The following are statements made by various leaders of The Church of Jesus Christ of Latter-day Saints on this topic in the 19th century.4

Constitution to Hang by a Thread »»

  1. This post was last updated on 22 Apr 2010. The entire text of the quote was reduced to a single paragraph.
  2. Smith, Joseph. “Howard and Martha Coray Notebook, 19 July 1840″. The Words of Joseph Smith: The Contemporary Accounts of the Nauvoo Discourses of the Prophet Joseph. Comp. Andrew F. Ehat and Lyndon W. Cook. Orem, Utah: Grandin Book, 1991. 415-418; hereafter Words.
  3. Words. 279, note 1.
  4. Portions of these statements are referred to in Words. 419, note 9.