Sunday, March 29, 2009

The Principles of Liberty (Seventeen)

Principles of Liberty (Seventeen)

By William Pressgrove

“A system of checks and balances should be adopted to prevent abuse of power.” (The 5000 Year Leap, W. Cleon Skousen p. 205)

As I wrote concerning principle sixteen I eluded to the very things that principle seventeen addresses. Because of the studies that Madison had done concerning the powers of government, he was fearful that the government should grow so strong that it took away the sovereignty from the people. For this purpose he proposed the three branches of government that we presently have and distributed the powers to govern amongst them so that they would have to work together to govern, but they would jealously guard the powers that they were given against encroachment from the others. He wrote: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” (Federalist Papers, No. 47, p. 301, as quoted in The 5000 Year Leap by W. Cleon Skousen, p.206)

The idea that the government could become tyrannical was a great concern for those who were about to construct a new government. The Articles of Confederation weren’t working because it didn’t give government sufficient power to protect them from encroachment, neither from foreign powers, nor upon each other. Therefore, Madison urged the different State governments to send delegated to a convention to “review” the Articles of Confederation, although he knew that the changes that needed to be made were so radical that they would abolish the Articles. However, the Constitution that came out of that convention would prove to be the best form of government to protect the unalienable rights of man and provide for a fairness of intercourse between States and foreign nations that had ever been written.

Madison commented on the responsibility of the government to rely upon the “sovereign”, in other words the people, to resolve disputes that might arise as to encroachments by any branch of government of the powers given to another. He said:

As the people are the only legitimate fountain of power, and it is from them that the constitutional charter under which the [power of the] several branches of government...is derived, it seems strictly consonant to the republican theory to recur to the same original authority...whenever any one of the departments may commit encroachments on the chartered authorities of the others. (Federalist Papers, No. 49, pp. 313-314, as quoted in The 5000 Year Leap by W. Cleon Skousen, p.208)

With this understanding of how the system should be working, the people should have a greater part in overseeing government to ensure that the powers of one branch are not usurped by any other branch of government. There are 18 checks and balances mentioned on pages 211-213 of The 5000 Year Leap which explain in detail the checks and balances placed in the Constitution. However for the sake of brevity, the following checks and balances are paraphrased here to remind us of our responsibility as we go into this period of history.

1. The legislature should check the presidency in law making by ensuring that “executive orders” do not take effect as law without thorough debate and approval of the legislature.
2. The President should use his veto power whenever he sees the legislature does not properly review and debate legislation that unconstitutionally uses monies from the treasury to fund pork barrel projects or for anything that is not strictly for the general welfare of the entire population.
3. Judicial review is not for the purpose of “legislating from the bench” bench, but to ensure that all legislation is constitutional. The President and Congress can check the judiciary in this by using their power to impeach, restrict the extent of the jurisdiction of the judiciary, and in filling posts on the judiciary.
For the full range of the checks and balances, go to the above referred pages.

As for how the sovereign is to make their voice heard on issues, there are three things that the people can do. First, they need to elect responsible individuals to fill the seats in the Presidency, House and Senate. Second, keep themselves informed on what those representatives are doing in government, and write to them encouraging them to do the right thing. And finally, if those representatives don’t do what the sovereign feels they should be doing, elect someone else who will do what they feel is appropriate.

These are some of our most precious checks and balances. If we are to retain our freedom, we must be vigilant in maintaining these as we make those who represent us aware of the fact that we are the sovereign governing body of this country.