Constitutional Apostasy

Denver Snuffer 6-7-13 (We come in approx 5 minutes into the lecture ! Sometimes the "ay you accomplish an o#$ective is in%irectly&you accomplish it as a #y-pro%uct 'ou %on(t stare into the sun 'ou ta)e a%vanta*e of "hat the sun has to offer in%irectly&#ecause you(% *et hurt starin* %irectly at it +he clearest "ay to ma)e this apparent is in our le*al system We have "hat(s calle% an a%versarial system +he a%versarial system has as its o#$ective&the #ypro%uct of fin%in* the truth +hat(s not "hat you aim at +he a%versarial system has an attorney "ho represents one si%e An% his o#$ective is to tell you everythin* that is in favor of his si%e An% point out all the "ea)nesses&all the mista)es of the other si%e An% the other si%e(s attorney has the exact same *oal ,either one of them is tryin* to tell you the "hole story +hey are employe%&they are traine% an% they are prepare% to *ive you everythin* that can #e mustere%&in the evi%ence&in the proof an% in the testimony to support one si%e +he thir% party is the %ecision-ma)er Whether that thir% party is a $u%*e or a $ury&the thir%-party %ecision ma)er listens to "hat #oth si%es have to say&an% they %etermine "hat is the truth +he truth is the #y-pro%uct of this a%versarial system +he alternative to that is an in-uisitorial system An% "e %o not have an in-uisitorial system .ecause if you(re *oin* to ta)e %irectly&the o#$ective of accomplishin* /the truth/& then un%er an in-uisitorial system as +or-uema%a %emonstrate% %urin* the 0n-uisition&*et out the #ran%in* irons& *et out the rac) 0f "e coul% *et to the truth #y an in-uisitorial system then "hy not use torture in tryin* to %iscover the truth1 So truth is not the o#$ective of the a%versarial system that "e use in the 2nite% States +ruth is the #y-pro%uct of the system "e use .ecause you *et far more truth throu*h an a%versarial system than you ever coul% o#tain throu*h an in-uisitorial system3 #ecause people "ill lie to avoi% the pro#lems impose% upon them as a part of the 0n-uisition Well3 the o#$ective of the Constitution is really simple +here are a "hole lot of thin*s that are a #ypro%uct of this one o#$ective .ut the one o#$ective of the Constitution is to en% tyranny An% so everythin* "ithin the system is %esi*ne%&in or%er to accomplish as it(s #y-pro%uct&en%in* tyranny .ecause if anyone )ne" "hat tyranny "as&it "as the colonialists "ho foun% it un#eara#le to live un%er a system of a forei*n 4in*&rulin* them an% imposin* taxes upon them %isproportionately&so that the colonialists "ere re-uire% to pay more taxes&so that those #ac) in the home country %i%n(t have to pay taxes&or pay a far less tax .ecause althou*h they "ere all su#$ects of the same monarchy&the monarch electe% not to treat them e-ually an% to tax them evenly .ut to choose some to #e #enefite% throu*h the tax system&an% to choose others to punish un%er the tax system An% so they foun% that the system "as intolera#le +he reason "hy "e "in% up "ith those )in%s of excesses is #ecause of human frailty +here is this interestin* inci%ent that happens &"hich "e have preserve% in the Doctrine an% Covenants&in "hich 5oseph Smith is in the 6i#erty $ail 7e(s #een there for a#out five months at the time of the "ritin* of this letter 7e is *roanin* un%er the oppression of the state *overnment that has arreste% him&usin* the state militia&accuse% him of treason a*ainst the state&an% hel% him "ithout trial in a 8issouri %un*eon for five months in con%itions that "ere #rutal An% in those circumstances he "rites& an% the "ritin* is inspire%9 D&C 121: 39

We have learne% #y sa% experience that it is the nature an% %isposition of almost all men3 as soon as they *et a little authority3 as they suppose3 they "ill imme%iately #e*in to exercise unri*hteous %ominion

What(s interestin* a#out "hat "e have in Doctrine an% Covenants section 1:1 is that 5oseph Smith is confine% an% oppresse% #y a *overnment authority An% in the extremity of #ein* su#$ecte% to imprisonment "ithout %ue process3 #y the *overnment of 8issouri3 5oseph complaine% 0f you rea% the rest of the letter he(s complainin* What he(s as)in* ;o% for&is to aven*e the *overnmental oppression An%3 as the 6or% often %oes&the purpose of puttin* 5oseph throu*h the oppression in a %un*eon&is to tell him somethin* a#out the priesthoo% +he 6or% i*nores&i*nores his plea to lay "aste to the *overnment&an% instea% ta)es the occasion to say&<)ay 5oseph3 no" may#e you can un%erstan% somethin* 7ere(s "hat 0 "as hopin* you(% un%erstan%9 D&C 121: 34-37, 41-2 .ehol%3 there are many calle%3 #ut fe" are chosen An% "hy are they not chosen1 .ecause their hearts are set so much upon the thin*s of this "orl%3 an% aspire to the honors of men3 that they %o not learn this one lesson= +hat the ri*hts of the priesthoo% are insepara#ly connecte% "ith the po"ers of heaven3 an% that the po"ers of heaven cannot #e controlle% nor han%le% only upon the principles of ri*hteousness +hat they may #e conferre% upon us3 it is true> #ut "hen "e un%erta)e to cover our sins3 or to *ratify our pri%e3 our vain am#ition3 or to exercise control or %ominion or compulsion upon the souls of the chil%ren of men3 in any %e*ree of unri*hteousness3 #ehol%3 the heavens "ith%ra" themselves> the Spirit of the 6or% is *rieve%> an% "hen it is "ith%ra"n3 Amen to the priesthoo% or the authority of that man ,o po"er or influence can or ou*ht to #e maintaine% #y virtue of the priesthoo%& 'ou have no authority $ust #ase% on hol%in* the priesthoo% &only #y persuasion& +here is your tool&persuasion An% since that is not *oin* to "or)3 here(s your secon% tool& &#y lon*-sufferin*& Which is&0 can(t say #ecause 0(m the authority&you nee% to %o this 0(m the authority&the thin)in* has #een %one 0f all 0(ve *ot is persuasion then 0 #etter #e lon*-sufferin* #ecause 0(m not *oin* to #rin* you on #oar% "ith the truth anytime soon &#y *entleness& 0 %on(t care ho" frustrate% you *et an% mee)ness3 an% #y love unfei*ne%> .y )in%ness3 an% pure )no"le%*e3 "hich shall *reatly enlar*e the soul So these are the tools So 5oseph is sufferin* from *overnmental oppression&complainin* a#out the *overnment&an% the 6or% says& ;oo%? ,o" may#e you can un%erstan% the "ay @riesthoo% "or)s #ecause&this crap you(re *oin* throu*h&if you thin) it(s #a% "hen someone has a militia&<h you $ust "ait 5oseph? As this rolls for"ar% an% people have possession of priestly office& you(ll see "hat happens We(ve #een throu*h that&it(s calle% Catholicism +he 6or%(s focus&as is often the case&is not on the thin* that 5oseph "as as)in* a#out 0t "as a#out "hat the 6or% "ante% us to un%erstan% ,o" there are other reasons "hy the Constitution matters to 6atter-%ay Saints Doctrine an% Covenants 101: 76 tells us9 An% a*ain 0 say unto you3 those "ho have #een scattere% #y their enemies3 it is my "ill that they shoul% continue to importune for re%ress3 an% re%emption3 #y the han%s of those "ho are place% as rulers an% are in authority over you=

So the 6or% %i%n(t say& #ase% upon the 8issouri persecutions& an% the loutishness of ;overnor .o**s &%ispatch <rrin @orter Aoc)"ell an% ta)e this *uy out 7e says&/importune those "ho are place% as rulers an% are in authority over you / +he solution %oesn(t lie in the en% of the #arrel @etition an% %o it9 D&C 101:77 Accor%in* to the la"s an% constitution of the people3 "hich 0 have suffere% to #e esta#lishe%3 an% shoul% #e maintaine% for the ri*hts an% protection of all flesh3 accor%in* to $ust an% holy principles> +hat(s "hat the Constitution "as %esi*ne% to accomplish An% "hen the 6or% says that it is esta#lishe% for $ust an% holy purposes&"e ou*ht to #e approachin* constitutional issues "ith the same sense of the sacre%&as DBC 1:1 tal)s a#out respectin* the ri*hts of conscience an% #elief So the Constitution is $ust an% it is holy D&C 101: 78-80 +hat every man may act in %octrine an% principle pertainin* to futurity3 accor%in* to the moral a*ency "hich 0 have *iven unto him3 that every man may #e accounta#le for his o"n sins in the %ay of $u%*ment +herefore3 it is not ri*ht that any man shoul% #e in #on%a*e one to another An% for this purpose have 0 esta#lishe% the Constitution of this lan%3 #y the han%s of "ise men "hom 0 raise% up unto this very purpose3 an% re%eeme% the lan% #y the she%%in* of #loo% So "hat 0 "ant you to )no"&that "hat "e are tol% in the Doctrine an% Covenants Section 1C1 in the Aevelation to 5oseph& is the Constitution "as esta#lishe% #y the 6or%(s han%&throu*h men "ho he raise% up for that purpose&to esta#lish $ust an% holy principles to protect the ri*hts of all men .ut "hat it %oes not say&is that havin* raise% those $ust an% holy men up&that you have a *uarantee that forever thereafter&you "ill have in a position of authority over you&runnin* the *overnment of the 2nite% States in perpetuity&$ust an% holy men "ho the 6or%s has raise% up 7e put it in place&he put it in operation&an% he turns it over to us +hen the -uestion is&"hat are you *oin* to %o "ith it1 What are you *oin* to %o "ith "hat you #een entruste%1 +hat(s the -uestion +he 6or% %i% his part&no" it(s up to us +he Constitution *ets mentione% a*ain&it *ets mentione% in the %e%ication of the 4irtlan% +emple in Section 109: 54 An% 5oseph says in the prayer& 7ave mercy3 < 6or%3 upon all the nations of the earth> have mercy upon the rulers of our lan%> may those principles3 "hich "ere so honora#ly an% no#ly %efen%e%3 namely3 the Constitution of our lan%3 #y our fathers3 #e esta#lishe% forever Well "e have a %eclaration of #elief on ho" *overnments ou*ht to #ehave&that(s Section 134:1-2 WD #elieve that *overnments "ere institute% of ;o% for the #enefit of man> an% that he hol%s men accounta#le for their acts in relation to them3 #oth in ma)in* la"s an% a%ministerin* them3 for the *oo% an% safety of society We #elieve that no *overnment can exist in peace3 except such la"s are frame% an% hel% inviolate as "ill secure to each in%ivi%ual the free exercise of conscience3 the ri*ht an% control of property3 an% the protection of life

0t(s interestin* that "e have in 13E reference to property 5ohn 6oc)e tal)e% in terms of /6ife3 6i#erty an% @roperty / 0n the Declaration it "as re"or%e% to #e /6ife3 6i#erty an% the @ursuit of 7appiness / 'ou have to un%erstan% the Scottish Dnli*htenment an% "hat happiness meant +hat "as a very specific phrase +he "or% /happiness/ %oesn(t mean&0 *ot an F#ox an% 0 *ot a no**in full of cocaine an% 0(m happy no" +hat(s not "hat happiness meant 7appiness ha% a hi*hly specific meanin* 0t meant that you "ere livin* your life in conformity "ith the "ill of ;o% +hey #elieve% in natural la" ,atural la" "as or%aine% #y ;o% an% "as *iven to all men An% "hen you #rou*ht your life into harmony "ith natural la"&"ith the "ill of ;o%&then you #ecame happy So /life3 li#erty an% the pursuit of happiness/ means life3 li#erty an% you are livin* your life in conformity to the "ill of ;o% Which "oul% #rin* a#out happiness 5ohn 6oc)e cut to the -uic)&"hich "as property Well3 in Girst ,ephi 13 there is a series of verses that(s *ivin* the prophetic foresha%o"in*&the foretellin* of "hat(s *oin* to happen "hen the ;entiles #ecame the inheritors of this lan% .e*innin* in verse 1:9 1 Nephi 13:12-13 1: An% 0 loo)e% an% #ehel% a man amon* the ;entiles3 "ho "as separate% from the see% of my #rethren #y the many "aters> an% 0 #ehel% the Spirit of ;o%3 that it came %o"n an% "rou*ht upon the man> an% he "ent forth upon the many "aters3 even unto the see% of my #rethren3 "ho "ere in the promise% lan% +here(s your ans"er to the -uestion&can people *et the 7oly ;host "ithout the layin* on of han%s&this "as inspire% 13 An% it came to pass that 0 #ehel% the Spirit of ;o%3 that it "rou*ht upon other ;entiles> an% they "ent forth out of captivity3 upon the many "aters So it "asn(t $ust Colum#us&it "as your o"n ancestors "ho "ere "rou*ht upon #y the 7oly ;host to come an% occupy this lan% Dven thou*h t"o of my ancestors "ere chil%ren in the 6iverpool area "ho accepte% a free afternoon #oat ri%e&from a captain "ho "as loa%in* the #oat up "ith chil%ren An% then procee%e% to sail from 6iverpool to the 2nite% States&to the colonies&"here he sol% the chil%ren off as in%enture% servants <ne of those "as a #oy an% one of them "as a *irl "ho "ere sol% to the same family as in%enture% servants An% "hen they "or)e% their "ay throu*h the in%enture% servitu%e an% "ere free&they marrie% one another An% so 0 *uess the Spirit "or)s %irectly on some an% throu*h captains on others 1E An% it came to pass that 0 #ehel% many multitu%es of the ;entiles upon the lan% of promise> an% 0 #ehel% the "rath of ;o%3 that it "as upon the see% of my #rethren> an% they "ere scattere% #efore the ;entiles an% "ere smitten 15 An% 0 #ehel% the Spirit of the 6or%3 that it "as upon the ;entiles3 an% they %i% prosper an% o#tain the lan% for their inheritance> an% 0 #ehel% that they "ere "hite3 an% excee%in*ly fair an% #eautiful3 li)e unto my people #efore they "ere slain Which tells you "hat he(s tal)in* a#out&is the ones "ho "ere the %esi*nate% inheritors& match a specific %escription&that fit "ithin a certain ethnicity&calle% ;entile 16 An% it came to pass that 03 ,ephi3 #ehel% that the ;entiles "ho ha% *one forth out of captivity %i% hum#le themselves #efore the 6or%> an% the po"er of the 6or% "as "ith them 17 An% 0 #ehel% that their mother ;entiles "ere *athere% to*ether upon the "aters3 an% upon the lan% also3 to #attle a*ainst them

1H An% 0 #ehel% that the po"er of ;o% "as "ith them3 an% also that the "rath of ;o% "as upon all those that "ere *athere% to*ether a*ainst them to #attle 1I An% 03 ,ephi3 #ehel% that the ;entiles that ha% *one out of captivity "ere %elivere% #y the po"er of ;o% out of the han%s of all other nations Well3 you have to )no" a lot a#out our early history to )no" $ust ho" very true that is Sometimes you ou*ht to loo) into the #attle of ,e" 'or)& an% ho" Washin*ton mana*e% to escape 7e "as the last one to leave 7e "ante% all of the troops "ith%ra"n #efore he "oul% leave an% enter the #oat himself .ut for the intervenin* fo* #an)&the American Aevolution "oul%(ve en%e% that %ay An% the han% of ;o% "as throu*hout that 0n fact Washin*ton tal)e% a#out the han% of @rovi%ence rulin* throu*hout +hen "e have 5aco#(s teachin* in Secon% ,ephi chapter 1C 5aco# "as the one that ,ephi thou*ht so much of as a teacher&that he *ave chapters of his o"n "ritin* over to his youn*er #rother3 5aco# 5aco# teachin* in chapter 1C an% #e*innin* in verse 1C says9 1C .ut #ehol%3 this lan%3 sai% ;o%3 shall #e a lan% of thine inheritance3 an% the ;entiles shall #e #lesse% upon the lan% 11 An% this lan% shall #e a lan% of li#erty unto the ;entiles3 an% there shall #e no )in*s upon the lan%3 "ho shall raise up unto the ;entiles 1: An% 0 "ill fortify this lan% a*ainst all other nations 13 An% he that fi*hteth a*ainst Jion shall perish3 saith ;o% 1E Gor he that raiseth up a )in* a*ainst me shall perish3 for 03 the 6or%3 the )in* of heaven3 "ill #e their )in*3 an% 0 "ill #e a li*ht unto them forever3 that hear my "or%s Well&"e all )no" the story of the .oo) 8ormon&ho" there "ere )in*s an% there "ere )in*men 0t %oesn(t mean that there "ill not #e&at least temporarily&those that mana*e to esta#lish temporary monarchies an% oppress 0t $ust means that they can(t ma)e it permanent&an% therefore they(re *one So "e no" )no" "hat the #ac)*roun% is An% "e )no" that there is this effort to create systems to *uar% a*ainst tyranny&that have as their #y-pro%uct the free%om of the people An% so "e loo) at the Constitution an% say&ho" exactly is it then&that the Constitution mana*e% to esta#lish a frame"or)& insi%e of "hich&it is possi#le to preserve free%om1 Article 1 section 1 of the Constitution says that9 All le*islative po"ers *rante% shall #e veste% in the Con*ress of the 2nite% States "hich shall consist of a Senate an% a 7ouse of Aepresentatives +hen article 1 section 3 tells us ho" the Senate operates +he Senate of the 2nite% States shall #e compose% of t"o Senators from each state3 chosen #y the le*islature thereof for six years An% each Senator shall have one vote So the Senate of 2nite% States consists of this *roup&t"o Senators&an% they are chosen #y the le*islature of their state ,o"&you mi*ht say&Well3 "e fixe% that 'es&"e )in% of %i% ,o" "e %on(t have any pro#lem "ith the i%ea&that there are positions that are hel% "ithin the 2nite% States&"hich have extraor%inary authority *rante% to them&#ut "ho are not electe% #y the people Dvery 2nite% States fe%eral $u%*e is appointe% #y the @resi%ent an% confirme% #y the Senate Dvery sittin* mem#er of 2nite% States Supreme Court is appointe% #y the @resi%ent an% confirme% #y the Senate We %on(t elect fe%eral $u%*es We elect men (or some%ay "omen! as @resi%ents&"ho choose the $u%*e&the Senate confirms&an% none of us sit #ac) an% say& Wait a minute? We %i%n(t *et to vote? ,one of us -uestion the authority&or the %i*nity&or the le*itimacy of their po"er An% the Supreme

Court #ecomes the court of last resort for the country Someho" ho"ever3 "hen it comes to the le*islature of 2nite% States3 since the 2nite% States Senate "as a creature of the le*islatures rather than #ein* electe% %irectly #y the people&"e foun% it so intolera#le that "e amen%e% the Constitution in or%er to provi%e for the %irect election of 2nite% States Senators Well "hen they "ere puttin* to*ether 2nite% States Constitution&an% they ha% a s)eptical pu#lic&they pu#lishe% a series of articles&8a%ison an% a fe" of his cohorts&anonymously& calle% the Ge%eralist @apers An% the Ge%eralist @aper 6: an% 63 explain the purpose #ehin% the "ay in "hich the Senate "as or*aniKe% +his is $ust tal)in* a#out the 2nite% States Senate An% the mechanism use% to choose the 2nite% States Senate 0t is recommen%e% #y the %ou#le a%vanta*e to favor of the select appointment an% the *ivin* to the state *overnments such an a*ency an% the formation of the fe%eral *overnment as must secure the authority of the former Secure the authority of the former&the state *overnment An% may form a convenient lin) #et"een the t"o systems +he 2nite% States Senate "as %esi*ne% to #e a lin) #et"een&on the one han%&the state authority&that is the state le*islature&an% the fe%eral *overnment .ecause the Senate "as the creature that "as selecte% #y&appointe% #y&chosen #y&the state le*islatures an% therefore ans"era#le to them +he e-uality of representation in the Senate is another point "hich "as evi%ently a result of compromise #et"een the intentions of the lar*e an% small states Amon* in%epen%ent an% soverei*n states #oun% to*ether #y a simple lea*ue +he parties&ho"ever une-ual in siKe&ou*ht to have an e-ual share in the common councils +hey(re tryin* to protect the i%entity of the various states as in%epen%ent an% soverei*n +hey allo" each state a constitutional representation&an instrument preservin* in%ivi%ual soverei*nty&to *uar% #y every possi#le expe%ient&a*ainst an improper consoli%ation of the states into one simple Aepu#lic 0t "as never the o#$ective to have the 2nite% States of America #ecome correlate% so that they(re all sin*in* the same hymn&preachin* the same messa*e every "ee)&in uniformity& from sea to shinin* sea +hat "as never the intent 0t "as al"ays the intent that there #e in%epen%ence an% reco*nition of the soverei*nty of each of the in%ivi%ual units "ho "ere entitle% to elect their o"n state representatives An% then to have the representatives choose the Senator "ho "oul% #e at the #ec) an% call of the le*islature& to *o #ac) to Washin*ton an% *uar% the ri*hts of the state So a simple system if you thin) a#out it Divi%in* the po"er&is a salutary chec) on the *overnment 0t %ou#les the security of the people&#y re-uirin* the concurrence of t"o %istinct #o%ies in schemes of usurpation Where#y the am#ition or corruption of one&"oul% other"ise #e sufficient +his is a precaution foun%e% on such clear principal an% no" so "ell un%erstoo% in the 2nite% States See here(s the "ay it "or)s +he "ay in "hich you choose the 7ouse of Aepresentatives is #y %irect election An% #y %irect election you can #e inflame% #y all sorts of passions an% pre$u%ices& tren%s an% stupi%ity& fa%s all )in%s All )in%s of thin*s can #e #riefly inflame the passions of those people "ho are electe% #y the pu#lic %irectly .ut the le*islature&out of "hich out of the 2nite% States Senate *ro"s& the le*islature is a completely %ifferent )in% of #o%y +he le*islature in the states only turns over so often An% the le*islature is the one "ho is hol%in* the reins on the Senators So "hen the Senators *o #ac) there&the thin*s that they care a#out&the fashions of the %ay&the passions of the people&are -uiete%&are mollifie%&are su#%ue% to some extent .ecause the Senate %oesn(t have that same pro#lem "ith %irect election as %oes the 7ouse of Aepresentatives An% this is a "ise purpose&#ecause of the impro#a#ility of sinister com#inations in proportion to the %issimilarity #et"een the 7ouse an% the Senate +herefore "hat you "ant is %issimilarity What you "ant is for them to come from %ifferent *ene

pools alto*ether What you "ant is the Senate to #e somethin* far %ifferent than the 7ouse of Aepresentatives ,o" "hy are "e tryin* to create such %isparity #et"een the t"o #o%ies1 .ecause at the time of the Constitution "as #ein* %iscusse%& ,o small share of the present em#arrassments of America is to #e char*e% on the #lun%ers of our *overnment An% that these are pro%uce% from the hea%s& rather than the hearts of most of the authors of them A *oo% *overnment implies t"o thin*s Girst3 fi%elity to the o#$ect of *overnment&"hich is the happiness of the people An% secon%ly3 a )no"le%*e of the means #y "hich the o#$ect can #est #e o#taine% 0t "ill #e of little avail to the people&that the la"s are ma%e #y men of their o"n choice&if the la"s #e so voluminous that they cannot #e rea% Llau*hterM <r so incoherent that cannot #e un%erstoo% 0f they #e repeale% or revise% #efore they are propo*ate%&or un%er*o such incessant chan*es&that no man&"ho )no"s "hat the la" is to%ay&can *uess "hat it "ill #e tomorro" 6a" is %efine% to #e the rule of action .ut ho" can that #e the rule&"hich is little-)no"n&unless it #e fixe% ;reat in$ury results from an unsta#le *overnment +he loss of confi%ence of the pu#lic councils %ampens every useful un%erta)in* What pru%ent merchant "ill haKar% his fortunes in any ne" #ranch of commerce "hen he )no"s not "hat that his plans may #e ren%ere% unla"ful #efore they #e execute% What farmer or manufacturer "ill lay himself out for the encoura*ement *iven to any particular cultivation or esta#lishment "hen he can have no assurance that his preparatory la#ors "ill not ren%ere% him a victim to an inconstant *overnment +he 2nite% States Senate "as %esi*ne% to #e chosen #y the le*islature in or%er to prevent the incessant chan*in* of the la" An% to provi%e a sta#ility #y "hich the *overnment coul% #ecome pre%icta#le 0t(s la"s )no"n Chan*e "oul% not #e rapi% +here coul% not #e /an a*en%a / 7ere(s my platform 0 *ot this here a*en%a We are *oin* to transform America We are *oin* to ma)e us a ne" one We are *oin* to implement An% if "e can(t *et implementation in any other "ay&then "e(re *oin* to /executive or%er/ our "ay throu*h ,o" "ait a minute&hol% on Llau*hterM 0 thou*ht it sai% that all le*islative po"er *rante%3 shoul% #e veste% in the Con*ress We are in Article 1 We %on(t *et to the executive #ranch until Article : 0f the Senate "as %oin* its $o#&"e "oul%n(t #e face% "ith those issues 0n the next circular of the Ge%eralist papers&Ge%eralist 63&it(s still tal)in* a#out the 2nite% States Senate& says& +he people can never "illfully #etray their o"n interests3 #ut they may possi#ly #e #etraye%3 #y the representatives of the people An% the %an*er "ill #e evi%ently *reater "hen the "hole le*islative trust is la"s lo%*e% in the han%s of one #o%y of men rather than the concurrence of separate an% %issimilar #o%ies as re-uire% in every pu#lic act +he purpose "as not merely to ma)e them separately electe% an% to %ivi%e them into t"o terms one for t"o an% one for six years 0t "as to ma)e them %issimilar +he creature that is calle% the 2nite% States Senate an% the creature that is calle% the 7ouse of Aepresentatives "as %esi*ne% on purpose to #e %issimilar An% so anythin* you %o to #rea) %o"n the %issimilarity&an% anythin* you %o to create similarity #et"een the t"o #o%ies&is %esi*ne% to un%ermine the very purpose that the system "as esta#lishe% an% "as %esi*ne% to *uar% a*ainst Well3 they tal) a#out ho" you can transform an% corrupt our country .ut in accomplishin* that&

0t is evi%ent that the Senate must first must #e first corrupte% #efore it can attempt an esta#lishment of tyranny Without corruptin* the state le*islatures it cannot prosecute the attempt .ecause the perio%ic chan*e of mem#ers "oul% other"ise re*enerate the "hole #o%y Without exertin* the means of corruption "ith e-ual success in the 7ouse of Aepresentatives3 the opposition of that co-e-ual #ranch of the fe%eral *overnment "oul% %efeat the attempt Without corruptin* the people themselves& a succession of a fe" representatives coul% easily restore all thin*s to the pristine or%er 0s there any man that can seriously persua%e himself that the propose% Senate&can #y any possi#le means "ithin the compass of human a%%ress&arrive at the o#$ect of the la"less am#ition throu*h all these o#structions1 'es3 if you remove one of them 0f you *et ri% of the le*islative control&#ecause then you a**re*ate po"er at the fe%eral level An% then the le*islatures of the various states #ecome servants& not soverei*ns +hey #ecome servants to a homo*eniKe% sin*le fe%eral unity +he fe%eral Senate "ill never #e a#le to transform itself #y *ra%ual usurpations into an in%epen%ent an% aristocratic #o%y +he 0%aho reaction to that "oul% #e&8y ass? Llau*hterM 'ou )no"&the 2nite% States Constitution "as amen%e% 0n the 17th amen%ment of the Constitution it provi%es9 +he Senate of the 2nite% States shall #e compose% of t"o Senators from each state electe% #y the people thereof for six years 0f you "ant to %o one thin* to chan*e the course of 2nite% States&repeal the 17th amen%ment <verni*ht the issue of "hether or not the states have le*islative authority an% in%epen%ent soverei*nty "oul% #e reesta#lishe%&"ith that one chan*e An% it(s never *oin* to happen .ecause the monie% interests at this point&are so far entrenche% in this system&an% the political parties are so #ehin% this manner of taxin* &an% the *atherin*&an% the payin*& that Washin*ton is simply off the leash An% the leash came throu*h 2nite% States Senate An% the 17th amen%ment cut the leash An% therefore "hat "e have are the exact pro#lems that "e face to%ay Well& never -uestion the "is%om of the fol)s that the 6or% raise% up +hese holy men that the 6or% raise% up in or%er to esta#lish a system An% $ust realiKe&anytime you tin)er "ith the system&any system&that ;o% put in place&you(re *oin* to yiel%&"ell3 0 "as *oin* to say&unexpecte% conse-uences .ut really you are *oin* to apostatiKe from the purpose An% you %eprive yourself of the inten%e% #lessin* ;o% hope% to #less you "ith +hat(s the first point +here(s one other point 0 "ant to tal) a#out When the 2nite% States of America "as esta#lishe%&the 2nite% States ha% a#out :CC years of slavery that ha% #een #uilt into the core of the country When the 2nite% States "as a colony&an% it ha% no ri*ht as a colony&to resist the importation of a slave class An% so "hen 2nite% States of America *aine% in%epen%ence from Dn*lan%&slavery "as an existin* economic fact that ha% #een #uilt into the society itself 0t(s interestin* to rea% some of the %e#ates that too) place %urin* the %raftin* of the Constitution .ecause one of the theories "as that it "as impossi#le to pro%uce the re-uire% e%ucate% an% i%le class& an% #y /i%le class/ that means someone "ho %oesn(t have to *o la#or in the fiel%&"ith the stren*th of the #o%y&in or%er to provi%e the means to fee% an% clothe an% house themselves 'ou cannot pro%uce the re-uire% i%le class unless you ha% slavery #ecause there "as no historical prece%ent for it An% they %e#ate% that An% the pro#lem "as that history su**este% that that ar*ument "as an ar*ument that coul% #e ma%e&an% coul% #e consi%ere% So "hen

in%epen%ence "as achieve%&in%epen%ence "as achieve% a*ainst the existin* reality of slavery ,o" Washin*ton "ho "as the only man consi%ere% to #e @resi%ent of the 2nite% States&in fact the office of the @resi%ent "as "ritten an% %esi*ne% for one occupant&an% that "as ;eor*e Washin*ton 7e "as the in%ispensa#le man in creatin* this country Washin*ton "as the one "ho presi%e% over the Constitutional Convention an% contri#ute% almost nothin* to the %e#ates&other than his presence An% "hen they reache% an impasse the only "ay they solve% the impasse "as "hen Washin*ton let it #e )no"n "hich si%e he favore% When they too) the Constitution out to sell it to the pu#lic&the salesmanship that "as %one&"as that ;eor*e Washin*ton presi%e% over this Dveryone truste% that man +herefore they a%opte% an office for that man an% he fille% it for t"o terms An% then he resi*ne% an% "al)e% a"ay Somethin* that everyone "oul% respect #y mirrorin* his example until it "as necessary after GDA to amen% the Constitution #ecause he %i%nNt follo" that example Washin*ton "hen he %ie%&free% the slaves 7e %i%n(t %o it "hile he "as alive #ut he %i% it "hen he %ie% 0f everyone follo"e% the example of Washin*ton at the time there "oul% have #een no more slavery 7ere(s the pro#lem ho"ever Since the institution ha% #een impose% upon the 2nite% States as a colony An% since it represente% "ealth&it represente% capital&ho"ever offensive to you it may #e to%ay +he economic reality "as that slaves "ere capital An% they represente% investment So the -uestion #ecomes ho" %o you extract yourself from the institution of slavery "hen you have an economic system in "hich people have investe% capital in human slaves1 7o" %o you #rin* that to a conclusion1 .ecause -uite fran)ly3 if all you %o is terminate the practice3 you "oul% #an)rupt the South 0t is pro#a#le that the cotton *in alone ma%e the en% of slavery inevita#le .ecause it #ecame a pro#lem "ith the comin* 0n%ustrial Aevolution An% the lea%in* e%*e "as the cotton *in +he comin* 0n%ustrial Aevolution ma%e it no lon*er necessary to have human #on%a*e to or%er to accomplish thin*s 0t "asn(t $ust the o"nership of African slaves in the South&it "as in%enture% servitu%e in the ,orth 0n%enture% servitu%e an% "as a "ay to sellin* yourself to someone else for a perio% of time An% servitu%e "as an economic means for pro%ucin* *oo%s an% services Well ho" %o you extract yourself1 5oseph Smith pu#lishe%&"hen he "as runnin* for the presi%ency of 2nite% States& /;eneral Smith(s Oie"s of the @o"ers an% @olicies of the ;overnment of the 2nite% States/ in ,auvoo in 1HEE An% this is an excerpt from his campai*n @etition also the inha#itants of the slave states le*islators to a#olish slavery an% save the a#olitionists from approach an% ruin an% shame @ray Con*ress to pay every man a reasona#le price for his slaves out of the surplus revenue arisin* from the sale of pu#lic lan%s An% from the %e%uction of pay from the mem#ers of Con*ress Llau*hterM .rea) off the shac)les from the poor #lac) man an% hire him to la#or li)e other human #ein*s Gor an hour of virtuous li#erty on earth is "orth a "hole eternity of #on%a*e 5oseph Smith proposal in 1HEE "as&7ere(s ho" "e en% slavery&"e #uy them We pay the purchase price&"e purchase their free%om ,o" thin) a#out that for a moment as a matter of economic reality 0f you are a slave o"ner3 an% someone offers a fair price to you for your entire *roup of slaves&an% you sell them an% free them 'ou no" have capital&the capital that you spent #uyin* them An% no" "ith your capital&you can hire them An% the people "ho "ere formerly&merely a commo%ity&no" #ecome "a*e earners .ut "hat happens&if instea% of %oin* as 5oseph Smith propose%&you simply %estroy the capital of the South #y sayin* no more slavery 0nstantly you #an)rupt the South 0nstantly you %oom the free% slave .ecause no" no one has the capital "ith "hich to employ them 0nstantly you leave the South in a position "here out of economic reality&"hat you %o&since all you o"n is lan%& is you start a sharecroppin* system 0n "hich the ris) of crop failure&falls upon those "ho can least affor% to #ear the ris) of crop failure&that is&the former slaves

What 5oseph Smith propose% "oul% not have re-uire% Aeconstruction What 5oseph Smith propose% "oul% not have cause% the Civil War What 5oseph Smith proposal "oul%(ve accomplishe%&"as the en% of slavery An% "hat 5oseph Smith(s proposal "oul% have accomplishe% "ith the en% of slavery "as the economic means #y "hich the former slaves coul% rise up out of poverty&throu*h la#or&#ecause that(s all anyone "as %oin* at that time&an% throu*h their o"n la#or&accomplish throu*h their employment &the %i*nity of hol%in* a $o# an% earnin* an income .ut "hat "e accomplishe% instea% "as another revolution that has constitutional implications +he %ea%liest enemy the 2nite% States has ever face% is another American An% the Civil War proves it +here is no more effective an% "arli)e people upon earth than the Americans An% "hen the Americans face another American&an% #loo% "as she%&"e punishe% ourselves for slavery An% in the "a)e of the Civil War&the Civil War amen%ments1 0f you ta)e a loo) at "hat happene% "ith the Civil War amen%ments&once a*ain it "as a po"er shift +he "ay in "hich slavery "as %esi*ne% to en%&"as *ra%ually An% in a "ay that ma%e economic sense +he "ay in "hich it %i% en%&impose% another century of slavery upon the li#erate% slaves in the South as a matter of economic reality 0t $ust "as All you ha% "as lan%&so "hat %o you %o1 'ou let them farm the lan% An% "ith sharecroppin*&you %oom them the poverty Well3 if you loo) at "hat happene% in connection "ith the Civil War&in contrast to the "is%om of "hat 5oseph Smith su**este% as an exit strate*y to terminate the practice of slavery&you realiKe that the choice that "e ma%e #et"een the t"o of them&not only resulte% in another century of pro#lems follo"in* the Civil War&an% the free%om of slaves an% #an)ruptcy of the Southern the slave o"ners&it also resulte% in oppression of the former slaves +hey "ere free% into an economic environment in "hich it "as impossi#le for them to ma)e a livin* from "hat they ha% to offer&"hich "as their la#or +he amen%ments "ere %esi*ne% to curtail the ri*hts of the states an% to impose upon the in%ivi%ual states the same %ue process of la" throu*h the 1Eth amen%ment that "e have in the fe%eral *overnment 'ou see3 Con*ress shall ma)e no la" respectin* the esta#lishment of reli*ion in the Girst Amen%ment 7o"ever that %i%n(t apply to the state le*islature Which is "hy +homas 5efferson as @resi%ent of the 2nite% States refuse% to ac)no"le%*e +han)s*ivin* as a national holi%ay #ecause it "as reli*ious .ut "hen he #ecame ;overnor of the state of Oir*inia3 he not only cele#rate% +han)s*ivin* as a state holi%ay he also ha% a %ay of fastin*&reli*ious fastin* the %ay #efore +he 2nite% States coul% not have a state reli*ion #ut the states coul% an% %i% +he 1Eth amen%ment en%e% that What that really meant at the #e*innin*&"as that in%epen%ent soverei*n an% e-ual states coul% experiment 'ou coul% have the state of 2tah "ith a state reli*ion calle% 8ormonism or 6atter-%ay Saintism An% you coul% have&li)e they %i% "ith the citiKens of 8assachusetts&a tax that "as impose% #y the state&collecte% #y the state& to #e turne% over to the church 'ou coul% %o li)e the 6DS church use% to %o "ith employees of JC80& that is they ha% a payroll %e%uction for tithin* An% they %e%ucte% it %irectly an% pai% it to the Church +hey coul% %o that to all of you in the state of 2tah if "e still ha% "hat "e ha% ori*inally An% if you %i%n(t li)e that&then you coul% *o to 0%aho .ecause in 0%aho they "orship the potato Llau*hterM 0 )no" #ecause 0 *re" up there An% if you foun% it %etesta#le to "orship a potato3 you coul% *o to Wyomin* an% "orship a co"#oy .ut every state "as inten%e% to #e an experiment in soverei*nty an% in free%om An% the a#errations that "oul% appear&the stran*e concoctions that the states "oul% create of themselves&is $ust fine .ecause the citiKens of Oermont coul% say&0 am sic) of this *overnment An% they coul% pac) up an% they coul% move to Aho%e 0slan% <r they coul% move to Oir*inia <r they coul% *o to <hio An% sooner or later&some state&li)e +exas is %oin* no"&coul% say come here? We(re not *oin* to tax you out of existence We(re *oin* to issue you a si%e arm "hen you come into the state&an% "ere *oin* to let you shoot out of your car&every roa% si*n you see An% "e "ill replace them #ecause "e have oil money an% "e can #uy ne" roa% si*ns Come to +exas?

An% so people from 8assachusetts can loo) %o"n their nose at the fol)s in +exas An% they coul% say& +hey are ne(er-%o-"ells&they(re hic)s An% the people in +exas can say&+han) ;o% "e(re in +exas an% not in 8assa-%amn-chusetts Llau*hterM We shoul% #e so %iverse&"e shoul% #e so %issimilar&"e shoul% #e so non-uniform +hat *ro"in* up in the 2nite% States&there shoul% #e at this moment&5C %ifferent experiments un%er"ay usin* the free%om the people have to choose +o %esi*n for themselves& the "ay in "hich they "oul% li)e to #e *overne% An% those 5C %ifferent "ays "ill ultimately& some fail&some succee%&some turn into ,irvana An% the states are *oin* to loo) aroun% an% say& 7ey that(s *oo%? An% they are *oin* to form their o"n experiment in %emocracy #y "hat they see "or)in* An% they are *oin* to form their o"n experiment in %emocracy #y seein* "hat(s failin*&an% #y sayin*&Well3 that %i%n(t "or)? 6oo) at that mess? 0nstea% "hat you have&is a national uniformity in "hich&"hen "e ma)e a mista)e in economic policy&"hen "e ma)e a mista)e in the "ay in "hich "e try to re*ulate an% tax an% *overn&"hen "e ma)e a mista)e in ta)in* those "ho are most pro%uctive an% confiscate money from them in or%er to su#si%iKe #ehavior that "e "oul% really li)e to see en%&"hen "e ma)e a mista)e&"e ma)e a mista)e on a *ran%iose scale We ma)e a mista)e that is so threatenin* that it is possi#le to %efeat the soverei*nty of 5C states an% to %efeat the soverei*nty of 2nion itself An% that "as never "hat the Constitution set out to accomplish +he Constitution set out to accomplish as a #y-pro%uct of a system&your free%om 'our ri*hts An% the "ay in "hich they accomplishe% it&has #een tampere% "ith +herefore&0 %on(t care if you(ve *ot scriptures as a 6atter-%ay Saint that you can thump on an% say&+he Constitution "as %ivinely inspire%? So "hat? .ecause every time you tin)er "ith it&every time you chan*e it&if you are not informe% #y the same %e*ree of inspiration&as "as evi%ent in the ori*inal creation&uninspire% men "ho %o have a ten%ency to #ecome tyrannical&uninspire% men "ho %o "ant to exercise control an% compulsion an% %ominion&can ta)e any *ift *iven #y ;o%&to any of us&an% they can pervert it into somethin* in "hich&sava*e uniformity oppresses the hearts an% the souls of men An% ren%ers it incapa#le of securin*&for the #enefit of you an% your posterity& the free%om "hich "e fin% in Christ +he ori*inal revolutionary Well& 0(ve tal)e% lon* enou*h 0 "as tol% #y email3 that 0 ou*ht to allo" some time for -uestions Puestion9 Can you %ra" a comparison #et"een the chec)s an% #alances of our political *overnment an% the ori*inal form of Church *overnment that is mentione% in Section 1C71 What "as it ori*inally1 5oseph Smith never calle%3 a sin*le mem#er of the Puorum of the 1: into the Girst @resi%ency of the Church +he Puorum of the 1: is a travelin* 7i*h Council Dssentially they "ere missionaries +he Girst @resi%ency of the Church "as a %ifferent operation All the con*re*ations "ere locally controlle%& locally electe%&locally *overne% ;eneral Authorities came to mo%erate the election 0t "as a Con*re*ationalist mo%el Common consent meant somethin* 0nstea% of han%in* out appointments from hi*her-ups&the local people )ne" "ho the local people "ere& an% they chose "ho they "ante% +he ;eneral Authority came to mo%erate the #allot +hey "oul% ta)e nominations +hey "oul% usually *et a slate&they "oul% then vote&"hoever *ot the most votes&they "oul% as)&"ill you sustain him1 An% if it "asn(t unanimous&they "oul% *o to num#er t"o an% they "oul% as)&"ill you sustain him1 ,o +hey *o to num#er three&"ill you sustain him1 An% if he *ot the votes&an% this "as the *uy "ho people ha% confi%ence in&then he #ecame the sta)e presi%ent&he #ecame the .ishop&he #ecame the "hatever 2sually that *uy "oul% then as) for the other people "ho *ot votes to #e counselors An% usually in an act of ma*nanimity everyone "oul% say& Well3 he(s in char*e&an% if he "ants them& 0(m *oo% "ith that 0t "as a local mo%el At the time that 5oseph Smith "as )ille%&he "as presi%in* over the 7i*h Council in ,auvoo +he "ay that the Doctrine an% Covenants rea%s&you can have the @resi%ent of the Church #e the @resi%ent of the

7i*h Council ,o" William 8ar)s "as @resi%ent on a num#er of occasions3 #ut it "as 5oseph Smith primarily&"ho presi%e% over the 7i*h Council in ,auvoo 5oseph Smith presi%in* over the 7i*h Council ,auvoo re*ulate% an% hel% the Church Courts that "ent on in ,auvoo When he hel% a Church court3 he learne% a lot of stuff a#out "hat "as *oin* on insi%e ,auvoo .ecause people #rou*ht in their issues 5oseph Smith *ave a tal) that can only #e $ustifie% #y "hat he "as hearin* #y presi%in* over the 7i*h Council in ,auvoo 7is intimates "ere the Sta)e 7i*h Council 7is associates&the *uys "ho )ne" him #est %urin* that time perio%&"as the Sta)e 7i*h Council 0f a *uy or *al %i%n(t sho" up for their 7i*h Council court&the court "asn(t hel% 0f someone sai%&0 nee% more time& they "ere *iven more time 0f someone(s sho"e% up an% sai%&0(m sic) +he 7i*h Council "asn(t hel% Almost any reason "oul% %o& to *et the 7i*h Council hearin* continue% 5oseph Smith "as )ille% +he Puorum of the 1: came #ac) 0f you loo) at DBC section 1C7&the Girst @resi%ency form a -uorum e-ual in authority&if you *et %o"n throu*h all the /e-ual in authorities/& you *et to the 7i*h Council An% the 7i*h Council forms a -uorum e-ual in authority to the Girst @resi%ency So that succession moment&the Puorum of the 1: pulle% it off +hey #ecame the #o%y triumphant An% then %urin* the excommunication trials of Si%ney Ai*%on&over "hich 8ar)s presi%e%&"as rather a 4an*aroo Court .ri*ham 'oun* "as the one lea%in* the char*e&ma)in* the accusations .ut he realiKe% he %i%nNt have $uris%iction to *et ri% of Si%ney Ai*%on So it ha% to #e the 7i*h Council "ho %i% that An% so in the Ai*%on trial&in mar)e% contrast to ho" the 7i*h Councils ha% #een con%ucte% "ith 5oseph Smith& Si%ney Ai*%on sai% he %i%n(t feel "ell an% he %i%n(t "ant the court hel% An% .ri*ham 'oun* sai%&We(re hol%in* the court any"ay +he 7i*h Council "ent alon* "ith that .ri*ham sai% that if Ai*%on "as "ell enou*h to atten% a meetin* earlier that %ay&he "as "ell enou*h to atten% his excommunication trial&an% so "e ou*ht to procee% An% so they procee%e% in the a#sence of Si%ney Ai*%on An% then after he succee%e% in *ettin* Si%ney Ai*%on excommunicate%&#ecause he "as consi%ere% the num#er one rival 7e sai%&Well3 you )no"&"e mi*ht as "ell hol% court an% excommunicate a "hole list of people "ho "ere sympathiKers "ith Ai*%on& #ecause "e are *oin* to have to *et ri% of them sooner or later any"ay So those *uys %i%n(t even *et notice that there "as *oin* to #e a 7i*h Council court&an% they *ot excommunicate% too #ecause they "ere *uilty #y association So thin*s chan*e% An% "hen the Puorum of the 1: #ecame the presi%in* center of political authority&0 mean you loo) at "hat he %i% 0n or%er to move the 7i*h @riests out of the $uris%iction of the Sta)e 7i*h Council an% the Sta)e @resi%ent "ho "as William 8ar)s&"ho "as also consi%ere% a rival to .ri*ham 'oun*&he calle% every 7i*h @riest on a mission .ecause "hen you(re in the mission fiel%&you are un%er the $uris%iction of the 1: An% so every 7i*h @riest in ,auvoo "as assi*ne% a mission some"here in the 2nite% States ,o" that %i%n(t mean you ha% to leave ,auvoo&#ut they "ere calle% to that What that %i% "as to chan*e the authority structure&from the Sta)e @resi%ent an% the 7i*h Council into the Puorum of the 1: runnin* thin*s An% "e(ve rea% articles cele#ratin* the reor*aniKation or the reempo"erment of the 7C #y .ri*ham 'oun*&"hich is also another political move ma%e at the time +he ripples from the succession crisis that occurre% in 1HEE is compara#le in scope an% ma*nitu%e to anythin* "e(ve %one "ith tin)erin* "ith the Constitution An% so to%ay "e %on(t have a con*re*ational mo%el anymore An% "e are&sava*ely uniform Grom .uenos Aires to +o)yo&you can feel comforta#le no matter "here you *o&you are not to miss the same Aelief Society&Sun%ay School&Dl%ers Puorum an% 7i*h @riest lesson An% "hen "e have our monthly&"hatever that thin* is&"here "e select some tal)&every#o%y(s *oin* to ruminate a#out "hat someone recently sai% .ut&you )no"&"hat(s a little #it of uniformity amon* frien%s1 Llau*hterM .ut that "asn(t "hat 0 came here to tal) a#out 'ou %eraile% me Llau*hterM

Puestion9 5oseph Smith "ent to visit @resi%ent Oan .uren an% "as tol%&'our cause is $ust #ut there is nothin* 0 can %o for you&#ecause 0 "oul% lose the vote in 8issouri ,ot only "as he expressin* his %esire to remain @resi%ent #ut he "as also expressin* the political reality at the time .ecause until the 1Eth Amen%ment the state coul% violate the civil ri*hts of the people So the 1Eth Amen%ment correcte% "hat 5oseph foun% "as a fun%amental fla" in the Ge%eral Constitution Aesponse9 'es At the expense of a "hole lot of other thin*s Puestion9 7o" "oul% you have %one it %ifferently1 Aesponse9 'ou can have cheese&#ut you only *et cheese An% you *et a "hole lot of cheese An% you %on(t *et #roccoli to *o "ith it What "e are tryin* to *uar% a*ainst is tyranny An% "hat "e have is either separate soverei*n experiments in "hich some thin*s may *o a"ry An% that(ll inform forever in the future&"hether or not the state of 8issouri ever a*ain&*ets one penny of patrona*e&or one #it of help from an entire community&that has #een alienate% An entire *ro"in* #o%y of politically active an% "ealth pro%ucin* an% successful 6atter-%ay Saints&#y their failure to #ehave reasona#ly <r "e can $ust homo*eniKe everythin* an% no" say&+he @resi%ent can %o anythin* +here "as this inci%ent that happene% %urin* the 4orean War @resi%ent +ruman sent the ,ational ;uar% in&to operate a steel mill %urin* a stri)e #y the steel "or)ers An% the fe%eral $u%*e sent them home .ecause he sai% the @resi%ent has %oesn(t have the authority to %o that <h for the *oo% ol% %ays Llau*hterM Puestion9 Why %o you thin) many ;eneral Authorities thin) that @resi%ent 6incoln "as inspire%1 Aesponse9 0(m certain he "as an inspire%&there(s no -uestion a#out that Puestion9 .ut "hom "as he inspire% #y1 Aesponse9 Well Llau*hterM +herein lies the ru# 6oo) the pro#lem is this& "hat in the en% %o you priKe the most1 Do you priKe all of the ris)s&all of the responsi#ilities&all of the potential for failure&all of the in%ivi%ual accounta#ility 0 mean 0 rea% you the scripture a moment a*o&"hat "as the purpose of the Constitution1 0t "as ma)e you free so that you coul% exercise moral a*ency An% you *et the opportunity to succee% or fail +he purpose of the Constitution is to set you in a position in "hich it "as possi#le for you to accomplish either one&so that you #ecome accounta#le ,ot someone #ac) in Washin*ton&not someone to "hom you have surren%ere% your choice&not someone else to run your life&not someone else to tell you comin*s an% the *oin*s&the "hen(s an% the "here(s an% the "hy(s +he Constitution "as %esi*ne% for you to #ecome morally accounta#le .ecause you are the a*ent that *ets to choose An% "hat the ori*inal structure %i%&you can say it "as errant&it "as excessive&it "as $ust too much free%om there&it "as licentious 0 mean for *oo%ness sa)e loo) at "hat happene%&slavery "as %oome%& perio% Slavery "as %oome% 0f the Ge%eral *overnment %i%n(t %o anythin* a#out it&it "oul%(ve come to an en% An% the "ay in "hich it "oul% have come to an en% "oul% pro#a#ly not have involve% the loss of so many lives an% so much treasure ,or "oul% it have propelle% the country into the circumstance&in "hich for the next century&the former slaves pai% a very %ear price for the "ay in "hich they exite% from the institution of slavery 'ou )no"&6incoln "as a Aepu#lican&an% the Aepu#licans "ante% to en% the t"in relics of #ar#arism 0 mean "hen he *ot %one "ith the Civil War&he pro#a#ly "oul%(ve sent 5ohnson(s army out here a lot earlier 6oo)3 everyone is a mixe% #lessin* Dvery lea%ership %ilemma is an opportunity for "is%om an% pru%ence&or excess an% failure When you consi%er the lea%ers that "e have in this country&there(s no -uestion that ;eor*e Washin*ton&fashione% a "ay of "iel%in* po"er&that "as selfless an% not selfcentere% 7e "as intereste% in #ein* a servant to the people When 5efferson #ecame @resi%ent&this is

the *uy "ho invente% the em#ar*o&he "as loo)in* for a peaceful "ay to o#tain a*reement&usin* peacefully coercive means +he "ay in "hich the foun%in* fathers procee%e% "as an extraor%inary #alance of pru%ence an% "is%om&caution an% %arin* +hey procee%e% throu*h a lan%mine fiel% "ithout #lo"in* themselves up As) yourself this -uestion&let(s assume "e have Washin*ton3 A%ams3 5efferson3 8a%ison3 8onroe& let(s assume "e have all those *uys at the time of the Civil War An% "e say&Slavery(s *ot to en% an% it(s *ot to en% no" Do you really thin) the route that those men "oul%(ve ta)en&"oul% #e the same one that 6incoln chose1 6oo)3 5oseph Smith ha% a "ay out 0t "as part of his platform "hen he ran for the @resi%ency 0 mean if 5oseph "as inspire% as a prophet&an% he chose a means %iametrically oppose% to the one 6incoln chose&then&1 <ne "ay "as to fix thin*s #y a peaceful metho%&preservin* life&preservin* property an% creatin* free%om An% the other one mana*es to accomplish it #y #rute force&#y the %eaths of three--uarters of livin* Americans& an% #y the impoverishment of those "hose capital "as lost&#ecause they ha% to pay $ust compensation&if they "ante% to ta)e your property An% at the time&"hether you li)e it or not slaves "ere the %efinition "as property So yes&0 a*ree&6incoln "as inspire% Puestion9 0 thin) that the Constitution has all #ut #een %estroye% 8y -uestion to you is&in the short term of 1 to 3 years&ho" %o you see this playin* out1 An% in a lon*er vie"&ho" %o you see thin*s playin* out "ith most of the population apparently asleep1 Aesponse9 We have a really fortunate confluence of scan%al ri*ht no" #ac) in Washin*ton We are #lesse% an% "e are protecte%&not #y the "is%om of our lea%ers& #ut #y the foolishness an% vanity of our lea%ers An% "e have no"&potentially&#ecause of the seriousness of the *roups that have #een offen%e%&"e potentially have a three-year lame-%uc) presi%ent&"hich "oul% #e hi*hly useful .ecause the a**re*ation of executive po"er is somethin* that&loo)3 ,ixon(s the poster #oy for the left to say&6oo) at that&loo) at that excess? When in fact ,ixon %oesn(t even hol% a can%le to the a%ministration "e have no" 0(m hopin* that this confluence of scan%al "ill hamstrin* them .ecause even still&"hat "e have is a #alance #et"een the e*os of various political offices #ac) there An% that "as one of the purposes of the Constitution 0t "as to esta#lish a "ay in "hich you coul% ta)e politically am#itious people&an% put them #ac) there an% let them fi*ht "ith one another&an% leave us alone So "hat 0(m hopin* is that "e have enou*h scan%al *oin*&an% enou*h e*os&that they "ill #rutaliKe one another an% leave us alone 0t(s li)e 8ar) +"ain sai%&,o one is safe in their life an% property "hile the le*islature is in session Llau*hterM +hey may #e in session&an% hopefully "hat they are fi*htin* over is one another so they "ill leave us alone Puestion9 When the Supreme Court 5u%*e Ao#erts ma%e the %ecision on the unaffor%a#le healthcare some#o%y sai% it "as a "ise %ecision #ecause it allo"s the states to stan% up a*ainst it .ut they are not %oin* that What is your opinion1 Aesponse9 7ere are the horns of the %ilemma 0 have 0 am a mem#er of the #ar of the 2nite% States Supreme Court an% 0(m not suppose% to say anythin* that "oul% reflect %ishonor or %iscre%it on a mem#er of the 2nite% States Supreme Court So 0 "ill say nothin* a#out 5ustice Ao#erts&the 7onora#le Chief 5ustice Ao#erts .ut 0 can say somethin* a#out the opinion 0t ma)es no sense at all to me Puite fran)ly 0 #elieve it "as motivate% #y the notion&that if you turne% it into a tax& you coul% "rite the ma$ority opinion&an% the tax "oul% #e so offensive&that the upcomin* election "oul% #e s"un* a*ainst <#ama an% the act "oul% #e repeale% 0 thin)&the opinion "as an attempt to en*a*e&from the #ench in %eterminin* the fortunes of the next election An% it %i%n(t "or) 'ou can(t *o to the le*islative history of

the enactment of <#ama-care an% fin% anyone&you can(t fin% anyone that a%vocate% it as a tax +hat "asn(t the purpose 0n fact3 it(s a %amna#le lie to stan% up in oral ar*ument&as the solicitor *eneral of the 2nite% States %i%&an% a%vocate that it is an act that can #e uphel% #ecause of the taxin* po"er of the country&if the country never sou*ht to invo)e the taxin* po"ers as the #asis upon "hich to a%opt the act An% 0 thin) Ao#ert(s opinion is a lesson in the %isa%vanta*es of tryin* to #e&from the #ench&a politician 0t(s a #a% opinion in my opinion 0 un%erstan% this mi*ht *o up on the "e# an% one of the thin*s 0 li)e to %o "hen thin*s are *oin* out there is to say thin*s li)e&$iha%&an% "e are *oin* to aven*e Waco Llau*hterM 8uslim .rotherhoo% an% 7omelan% Security&*o scre" yourself Lmore lau*hter an% applauseM 0 have a client "ho is in Durope ri*ht no" an% "e tal) on occasion An% "henever 0(m tal)in* to him 0(ll say&<)ay 0 have to say somethin* no"&#ecause this is international&so 0 can help out our fol)s at 7omelan% Security an% 0 *o throu*h the list of ta#oo "or%s Puestion9 Do you )no" of anythin* that "as compile% on 5oseph Smith an% his platform to en% slavery1 Aesponse9 Actually if you ;oo*le&5oseph Smith @resi%ential platform&you(ll pic)up a copy of the platform an% an article in 8ormon Dialo*ue ma*aKine that %eals "ith it An% it(s not a #a% article 5ust ;oo*le that an% you(ll fin% the 8ormon Dialo*ue article Puestion9 'ou %i%n(t ans"er the secon% part of the -uestion&of "here %o you thin) "e are *oin* after three years or so Llau*hterM 0(m still "aitin* for that part Aesponse9 Well you )no"&(Denver starts to hum as if in me%itation! Llau*hterM When the 6or% says& 8y peace 0 *ive unto you 7e couple% that "ith&,ot as the "orl% *ives&*ive 0 unto you 0n this "orl% you *et to en$oy& all of the #enefits of a +elestial atmosphere @erhaps ri*ht no"&for one of the first times in history&"e have a politiciKe% economy We have a politiciKe% stoc) mar)et All 0 can say is& there "as a +aylor S"ift concert my %au*hter "ent to&that son* a#out trou#le3 trou#le3 trou#le Sometimes it(s li)e that son* #y Simon an% ;arfun)el sai%&the "or%s of the prophets are "ritten on the su#"ay "all& an% sometimes they are "ritten #y country-"estern sin*ers So "e are in trou#le&that(s o#vious3 %on(t you thin)1 Puestion9 So "e are morally #an)rupt an% "e are a#out to #e #uc)e% off our horse Aesponse Well there(s al"ays the possi#ility that&"e repent Lnervous lau*hterM .ut the a*en%a su**este% #y the .oo) of 8ormon is&that(s unli)ely Puestion9 'our tal) is entitle% /Constitutional Apostasy/&so my -uestion is&"hat(s the conse-uence of our Constitutional Apostasy1 Aesponse9 'ou lose the #lessin*s What the 6or% inten%e% to confer upon you&"hat you mi*ht have ha%&you lose +his isn(t the responsi#ility of ;o% 7e(s not %oin* this to you 7e *ave you as a *ift&an opportunity What you %o "ith the opportunity is up to you An% "hen you "al) a"ay from&an% you %eci%e that you "oul% not preserve& for any reason&"hat it "as that ;o% ha% inten%e% to #less you "ith&you can(t o#tain the #lessin* "ithout conformin* to the la" upon "hich the #lessin* is pre%icate% An% that "as esta#lishe% #efore the foun%ation of the "orl% An% if you %eci%e that&you "ill not conform to the con%ition&upon "hich the #lessin* "as pre%icate%&then you *et to en$oy the a#sence of the #lessin* An% you *et to mill aroun% in %ar)ness&#ecause #lessin*s confer li*ht +hat(s "hy they call it /enli*htenment / +hat(s "hy the foun%in* fathers "ere enli*htene% .ecause they "ere *atherin* to

themselves&li*ht An% "hen you thro" that a"ay&then you *et less of that&an% %ar)ness .ut you(% #e surprise% ho" lon* "e can run into the %ar)ness "ith $ust our flashli*hts&until it en%s Puestion9 0t "as sai% that the Dl%ers of 0srael "oul% save the Constitution&ho" %o you see that happenin*1 Aesponse9 DKra +aft .enson is ma)in* that statement in reliance upon 5oseph Smith(s comment upon the Dl%ers of 0srael&0f the Constitution is to #e save%3 it "ill #e the Dl%ers of 0srael "ho %i% it&an% the comment a#out the Constitution lastin* on into the millennium 8y vie" is that&if the Dl%ers of 0srael have a role in preservin* the Constitution&that role is not #y le*islatin*& that role is #y convertin* people to the truth .ecause the Constitution is to %esi*ne% to *overn a moral people 0t is entirely unfit to *overn any other )in% of people +herefore if you "ant to fix "hat(s "ron* at the Constitutional level& you nee% to *o out an% preach the ;ospel an% convert people an% chan*e their hearts .ecause ri*ht no" the hearts of this nation&the hearts of this people&are har%er&are more stri%ent&an% are more resistant 0 mean loo)&"hat(s the tool1 ;entleness3 mee)ness an% persuasion& that(s the tool&that(s "hat you *et to use Why %o you thin) the Savior too) a #eatin* an% for*ave them1 0 mean he sho"s you ho" to use the tool 7e revolutioniKe% the "orl% ultimately&simply #ecause he "as un"illin* to return& to #rutality&anythin* other than )in%ness an% for*iveness&that "oul% #rea) the hearts of anyone "ho hears the story of "ho this man "as +he Dl%ers of 0srael nee% to convert the people Ooice9 ;lenn .ec)(s an Dl%er Aesponse9 'es&$ust chan*e the hearts of the people Puestion9 We have a pretty #i* movement across the nation ri*ht no"&the nullification movement Coul% you tell us "hat they thou*ht a#out nullification1 Aesponse9 +he pra*matics of it are&you nee% enou*h people "ith the ri*ht sentiment Ai*ht no" you have a le*itimate effort to split Colora%o into t"o states #ecause of political %ifferences an% ri*hts issues +here(s tal) a#out the same thin* in parts of California +exas "as a soverei*n nation #efore it $oine% the 2nite% States an% it has the ri*ht to split into separate states An% if it "ere to %o so& it "oul% pro#a#ly %o so to increase the num#er of Senators 6oo)&0 %on(t thin) there is *oin* to #e anythin* %ramatic or succee% politically until you *et enou*h people "ho are no lon*er intereste% in the 4ar%ashians an% "ho #ecome intereste% in the erosion of their free%om An% that(s a tall challen*e 0(ve *one lon*er than 0 ever thou*ht 0 "oul%&We nee% to "rap it up Puestion9 'ou mentione% 5oseph Smith(s -uote a#out ho"&an hour of free%om is "orth a "hole eternity of #on%a*e 0 "as "on%erin* "hat your comments are a#out that Aesponse We have this really uni-ue opportunity in mortality +his is the only place "here you coul% come&"here you can #lee%&an% you can %ie&an% you can sacrifice for a cause Co"ar%ice is un#ecomin* anyone "ho is tryin* to lay hol% on the riches of heaven .ecause %o"n here&in this %ar) "orl%& you have an opportunity to prove "ho you are 'ou have an opportunity to prove "hat you are An% you %on(t prove&that you are anythin* "orth preservin* into eternity& if you %on(t live "ith no#ility An% 0 %on(t care "ho it is&that is pressurin* you&or "hat means they thin) they can employ +hat statement&0 re*ret that 0 have #ut one life to *ive for my country&is not the lan*ua*e of a slave 0t(s not even the lan*ua*e of a captive +here is a man "ho is free in%ee%&even thou*h he(s a#out to #e )ille% 'ou )no"&"e lac) the fortitu%e&"e lac) the self-confi%ence&to hol% on to our free%om 'ou surren%er to fashion 'ou surren%er to peer pressure 'ou surren%er to those people "ho you thin) are respecte% mem#ers of society 'ou surren%er&#ut you %on(t have to Gree%om is still possi#le in this %ay an% a*e +han) you (Applause!