Essay: The Law of Constitution

When the Founding Fathers of the United States gathered in the summer of 1787 their intent was to define and establish a federal government that operated solely by power derived from, and with the objective of serving, the people. This brand of idealism was not necessarily unique in this time; however, according to Dallin H. Oaks, the functional implementation of a national constitution was an antecedent to every other written constitution in the world. The approach of Latter-day Saints in deconstructing, understanding, and implementing the Constitution of the United States has been enriched by our cognizance of its divine origination, applicability to our modern occasion, and its ability to be augmented for the sole purpose of serving those for whom it was created- the people.
President Ezra Taft Benson, a renowned government official and leader within the LDS Church, testified of his belief that the Constitution was divinely inspired in an address to BYU students in September of 1986. “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” (Benson 7). Evaluating the Constitution through the lens of divine inspiration does not necessarily qualify the text as scriptural. In fact, this might be considered antithetical to the plight of revolutionaries in implementing the free practice of religion. Nevertheless, it is important to recognize the impact this belief in divine inspiration will have for Latter-day Saints in interpreting the Constitution.
The Constitution is considered to be the supreme law of the land, but it is also considered to be malleable by several leaders of the Church. In Lincoln’s second state of the union address he states, “The dogmas of the quiet past, are inadequate to the stormy present.” This remark resonates harmoniously with the Latter-day Saint perspective of the Constitution. Several leaders of the Church have expressed that Constitution is in an ever-evolving state, meant to suit the needs of those for whom it was created to protect. J. Reuben Clark, a prominent attorney and leader within the Church, said the following in a 1938 address: “It is not my belief nor is it the doctrine of my Church that the Constitution is a fully-grown document. On the contrary, we believe it must grow and develop to meet the changing needs of an advancing world” (Clark 6). This statement highlights the intrinsic adaptability of the Constitution. Ostensibly, the belief in the power of divine authority in crafting and influencing the document may allow us the insight necessary to understand this proposed elasticity.
The fundamental Latter-day Saint view of the Constitution is that the document was divinely inspired and must be carefully refined to suit the needs of the citizenry. But, how does our understanding of the Latter-day Saint perspective guide us in fulfilling our civic duty? Dallin H. Oaks offers some sound, concise insight into how this may be achieved, “They should be familiar with its great fundamentals: the separation of powers, the individual guarantees in the Bill of Rights, the structure of federalism, the sovereignty of the people, and the principles of the rule of the law. They should oppose any infringement of these inspired fundamentals” (Oaks 8). Indeed, it is simple. The only way to satisfy our civic obligation is to keep and uphold the principles of this document, and to study and understand the rights proscribed henceforth.