Of Thousand-Page Laws and Our Republic

Congress is broken. Few are satisfied that our representative system of government is working. As a very important measure, I would point to massive new 2,319 page laws (which weigh more than 12 pounds, printed on both sides of the page). You have to talk yourself into believing that it is O.K. for a new law to be over 2,300 pages long. After all, the Constitution itself is only a couple of pages long—albeit written with a fine hand on large sheets of paper. Perhaps the most important set of laws in the history of man, the Ten Commandments, is only 297 words long (King James Version). And Jesus Christ reemphasized the teaching of the prophets from the Old Testament that even those words and all other laws are summed up in just two commandments:

Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind. This is the first and great commandment. And the second is like unto it, Thou shalt love thy neighbor as thyself. (Matthew 22:37-39)

I understand and expect the retort that these are two very different kinds of laws. With that I would agree. The difference is not, however, that the Constitution and the Ten Commandments are foundational principles, while the 2,300 page variety of laws referred to at the beginning of this comment (the new Dodd-Frank financial regulatory law, by the way) is in the way of practical implementation. The Ten Commandments are very much in the way of practical implementation. “Thou shalt not steal” is pretty practical. And the first implementation laws passed by the new Congresses under the new Constitution were not thousands or hundreds or even dozens of pages long. The lengthy laws have developed the farther we have come in time and spirit from our Constitution.

The big difference from the laws of the earlier days of the American Republic and the multi-thousand page laws of today’s Obamacare and Dodd-Frank financial regulation is that when government takes upon itself the task of controlling what people should do, of controlling their daily lives through such things as how to manage their health and their wealth, it takes a lot of words. It only takes a few words to say that it is against the law to maim someone or to rob him. That is to say, it only takes a few words to outlaw crime, but it takes a lot of words to “guide” people in the exercise of their freedom and to turn harmless individual choices (such as which medical procedures you want or how to invest for retirement) into crimes.

Our Republic rests upon the notion that we elect and trust a relative handful of people to represent us in the making of laws, at the federal level just slightly more than 500 people out of more than 300 million. They do the legislative work because it would be impractical for all of us to do it together. They stand in our place, voting for us with authority derived from us, the people.

How can we have a representative government, though, where the representatives pass laws that they do not and cannot read? How can they represent us when they do not and cannot know what they are voting on? Do they not, indeed, fall down on their duty to us when they vote for laws that they have not read? Is not their job made impossible when they are asked to consider laws made up of thousands, or even hundreds, of pages?

That is to say, that our Republican form of government is inconsistent with the kinds of laws that Congress has been passing today (a trend which really got going in earnest during the Congresses of the Depression). Only if our representatives get back to passing short laws that outlaw crime, and abandon efforts to direct the lives of the people, can they really do their job and only then will representative government in America work the way it was intended.

Of Individual Worth and the Fatherhood of God

In recent times Jesus Christ declared, “Remember, the worth of souls is great in the sight of God” (Doctrine and Covenants 18:10), a reminder of the high value that Christianity places on the value of the individual. This is unusual where much of the world focuses on masses and classes and elevates rights of the group over the rights of the individual. In much of the world and throughout history individuals have been considered expendable, particularly if expending them could be feigned as benefiting the group. That is certainly at the core of Marxism and other variants of socialism, that read history as the story of classes. It is at the core of statism, that considers all issues in terms of how they affect the state rather than how they affect the individuals in the state. Of course, just like the oriental despotisms (the ethos of which prevails in many “modern” oriental governments) the focus on the rights of groups and of the state or the society is a mask for reinforcing the power of the rulers of the masses who pretend to speak for the masses and govern for their good while continuing to exploit them.

The worth of the individual in the doctrines of Christianity comes from the fact that each man and woman is literally and not figuratively a child of God. That is fundamentally what makes men and women different from all other animals, a fact that requires little reflection to recognize its truth and lots of sophistry to convince people otherwise. You need a lot of explaining to make people believe that they are no different from the dogs and the snakes and the trees, and even then the idea is so foreign to everyday observable reality that few are convinced, and of those, few stay convinced. The intellectual and moral gap between man and beast is too vast, despite enormous efforts throughout the ages to make it appear not so.

Individual worth based on the literal fatherhood of God is an original doctrine of Christianity, found in the first pages of the Bible. Consider these words from the story of the creation. “And God created great whales, and every living creature that moveth, which the waters brought forth abundantly, after their kind, and every winged fowl after his kind” (Genesis 1:21). Notice that the creatures of the sea and air all came forth “after their kind”. Those are not accidental words. Consider the description of the creatures of the land. “And God made the beast of the earth after his kind, and cattle after their kind, and every thing that creapeth upon the earth after his kind” (Genesis 1:25). Again, all of the land creatures were made “after their kind”. Notice how differently the creation of man is described; what was the “kind” after which man was created? “So God created man in his own image, in the image of God created he him; male and female created he them.” (Genesis 1:27)

Of course, this idea of the divine heritage of man is unpopular with despots who choose to use and abuse God's children. In the ancient Americas a prophet of God was killed by his king for preaching “that man was created after the image of God” (Mosiah 7:27).

Again, in the New Testament the Savior and His disciples taught the divine lineage of man. For example, Paul wrote to the saints in Rome, “The Spirit itself beareth witness with our spirit, that we are the children of God: And if children, then heirs; heirs of God, and joint heirs with Christ” (Romans 8:16, 17). That notion probably did not sit well with the Caesars, who were busy eroding the rights of the individual found in much of Roman law.

The worth of the individual is certainly at odds with the modern-day Caesars. Their emphasis on group rights, their programs to divide societies up by classes and ethnic groups, would leave individuals powerless to protect themselves against sacrifice on state altars except by appeal through their membership in some favored group.

The worth of the individual is the foundation for the freedom of the individual. Consider how much of the Constitution—particularly the Bill of Rights—is focused on the preservation of individual freedoms: freedom of religion, freedom of assembly, free speech, right to armed self protection, right to trial by jury, protection of private property, and so on. These constitutional rights are a partial enumeration of what the Declaration of Independence proclaimed to be “unalienable Rights” by which all men have been “endowed by their Creator.” While you may not have to be a Christian to believe in the divine worth of the individual, this very Christian doctrine is embedded in our system of government and at the heart of what has made America different from much of the world and much of history.

That is why those who seek to change America work to undermine all that proclaims the individual worth of each and every man and woman. It is hard to justify treating God’s children like so many cattle; you first have to get people to believe that they are more like cattle than they are like their Father in heaven. So far, most Americans have shown a stubborn adherence to truths that they have held for more than 230 years to be “self-evident” and which God our Father has taught us from the beginning.

Of Liberty and the Caesars

As we near another annual celebration of our Declaration of Independence and the proclamation of American liberty, it is worthwhile reflecting on what that independence and liberty rest. At its core, the American Revolution revolved around the deep desire to preserve something. That something was the rule of law, an elementary principle of government that the founding fathers had found here and nurtured. The rule of law is the fundamental idea that we should be governed by laws and not by men. It is that principle that throughout our history has set America apart from the rest of the world. Embracing the rule of law the founders built our nation upon a written Constitution.

Our founding fathers frequently used the word “liberty” when referring to the rule of law. When they said “liberty” they did not mean wantonness and libertinism, to be abusive without consequence. Our founding fathers meant by “liberty” the freedom that they had found in America to live beyond the wanton grasp of the arbitrary rule of kings, lords, ladies, and even parliaments. Our founding fathers were comfortable with the idea of government only if what the government did—or more precisely, if what the people in government did—was closely and clearly controlled by laws that everyone understood. To them that meant that they had liberty, and they loved it. The Declaration of Independence is a detailed protest by the Congress of the thirteen new States against the arbitrary violations of the rule of law—of American liberty—by the British crown.

Precisely because the American Revolution was an appeal to the rule of law we succeeded in creating a stable government and society where the French Revolution (and many others since)—appealing to the rule of men, albeit a different crowd of men—fell into chaos and anarchy, merely replacing one despotism with another. The French tore down the monarchy in order to replace it with the Reign of Terror. Americans enshrined liberty in a document that still operates today to resist the arbitrary rule of one group of men over the rest. The Constitution protects the rights of each and all—individuals and minorities—through the rule of law.

The rule of law was not a new idea. Rome’s greatness was built upon it. Its weakness and eventual collapse came as the Romans traded the rule of law for the rule of men under the Caesars. Even then, the Roman tradition of the rule of law was so strong that it took nearly 500 years for the progressive rule of men to lead to the sack of Rome and the ushering in of the Dark Ages, an era dominated by the rule of men.

The idea of the rule of law, however, is much older than Rome. It is found at the heart of Christianity, reaching back to the Garden, from which man was expelled by the breaking of law. Man was redeemed from the broken law by Jesus Christ, whose great sacrifice was made to bind up the broken law and create the path for man to live in harmony with divine law. In modern times Jesus Christ explained the eternal purpose of law in these words: “that which is governed by law is also preserved by law and perfected and sanctified by the same.” (Doctrine and Covenants 88:34)

As our eternal freedom is protected by law, so it is with our civil freedom. Law is our shield against the whim of other men. Without the law, our only defense against someone’s whim is the protection provided to us by the whim of someone stronger. That is the essence of feudalism. That is what our founding fathers were so desperate to leave behind in the Old World, whichever “Old World” they left. That same search for liberty under the law inspires many refugees to America today.

That is perhaps why Americans are made nervous by all of the policy “czars” that have been created by the Obama administration. Czars suggest rule by men rather than by law. “Czars,” the Russian variant of the Latin “Caesar,” are justified by the argument that “they can get things done,” but in the doing they rely upon the arbitrary will of single individuals invested with extraordinary power: rule by men (and women).

Congress is on the verge of enacting—unless the Senate votes “No” when it returns to session in mid July—a major restructuring of the American financial system that would replace rule of law with the rule of men. The new structure rests upon enormous power given to new financial czars. There is a new czar for all federally-chartered banks and thrifts, a new financial consumer czar with power to dictate every aspect of any financial product and service that is offered to the public, and a new systemic risk council with authority to reorganize or even break up any company in America if in their opinion its operations are too risky for the financial economy. The authorities that this new legislation would give are broad, the instructions on how to use those authorities vague, and the ability to find appeal from the mandates of the new czars seriously restricted.

Our founding fathers, who escaped from that kind of rule, would have warned us.