The Value of Local Government

Ezra Taft Benson

It is a firm principle that the smallest or lowest level that can possibly undertake the task is the one that should do so. First, the community or city.  If the city cannot handle it, then the county. Next, the state; and only if no smaller unit can possible do the job should the federal government be considered. This is merely the application to the field of politics of that wise and time-tested principle of never asking a larger group to do that which can be done by a smaller group. And so far as government is concerned the smaller the unit and the closer it is to the people, the easier it is to guide it, to keep it solvent and to keep our freedom.

 Thomas Jefferson understood this principle very well and explained it this way: "The way to have good and safe government is not to trust it all to one, but to divide it among the many, distributing to everyone exactly the functions he is competent to. Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with the civil rights, law, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself. It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man's farm by himself; by placing under everyone what his own eye may superintend, that all will be done for the best. What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and powers into one body." (Works 6:543; P.P.N.S., p. 125)

It is well to remember that the states of this republic created the Federal Government. The Federal Government did not create the states.

The Constitution of the United States

Ezra Taft Benson

Another standard I use in deterring what law is good and what is bad is the Constitution of the United States. I regard this inspired document as a solemn agreement between the citizens of this nation which every officer of government is under a sacred duty to obey. As Washington stated so clearly in his immortal Farewell Address: "The basis of our political systems is the right of the people to make and to alter their constitutions of government. - But the constitution which at any time exists, until changed by an explicit and authentic act of the whole people is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government." (P.P.N.S., p. 542)

I am especially mindful that the Constitution provides that the great bulk of the legitimate activities of government are to be carried out at the state or local level. This is the only way in which the principle of "self-government" can be made effective. As James Madison said before the adoption of the Constitution, “(We) rest all our political experiments on the capacity of mankind for self-government." (Federalist, No.39; P.P.N.S., p. 128)

Thomas Jefferson made this interesting observation: "Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the forms of kings to govern him? Let history answer this question." (Works 8:3; P.P.N.S., p. 128)

The Powers of a Proper Government

Ezra Taft Benson

It also includes those powers necessarily incidental to the protective functions such as:

(1) The maintenance of courts where those charged with crimes may be tried and where disputes between citizens may be impartially settled.

(2) The establishment of a monetary system and a standard of weights and measures so that courts may render money judgments, taxing authorities may levy taxes, and citizens may have a uniform standard to use in their business dealings.

My attitude toward government is succinctly expressed by the following provision taken from the Alabama Constitution: "That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression." (Art. 1, Sec. 35)

An important test I use in passing judgment upon an act of government is this: If it were up to me as an individual to punish my neighbor for violating a given law, would it offend my conscience to do so? Since my conscience will never permit me to physically punish my fellow man unless he has done something evil, or unless he has failed to do something which I have a moral right to require of him to do, I will never knowingly authorize my agent, the government to do this on my behalf. I realize that when I give my consent to the adoption of a law, I specifically instruct the police - the government - to either take the life, liberty, or property of anyone who disobey that law. Furthermore, I tell them that if anyone resists the enforcement of the law, they are to use any means necessary - yes, even putting the lawbreaker to death or putting him in jail - to overcome such resistance. These are extreme measures but unless laws are enforced, anarchy results. As John Locke explained many years ago: "The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings, capable of laws, where there is no law there is no freedom. For liberty is to be free from restraint and violence from others, which cannot be where there is no law; and is not, as we are told, 'a liberty for every man to do what he lists.' For who could be free, when every other man's humour might domineer over him? But a liberty to dispose and order freely as he lists his person, actions, possessions, and his whole property within the allowance of those laws under which he is, and therein not to be subject to the arbitrary will of another, but freely follow his own." (Two Treatises of Civil Government, II, 57: P.P.N.S., p.101)

I believe we Americans should use extreme care before lending our support to any proposed government program. We should fully recognize that government is no plaything. As George Washington warned, "Government is not reason, it is not eloquence - it is force! Like fire, it is a dangerous servant and a fearful master!" (The Red Carpet, p.142) It is an instrument of force and unless our conscience is clear that we would not hesitate to put a man to death, put him in jail or forcibly deprive him of his property for failing to obey a given law, we should oppose it.

The Proper Function of Government

Ezra Taft Benson

This means, then, that the proper function of government is limited only to those spheres of activity within which the individual citizen has the right to act. By deriving its just powers from the governed, government becomes primarily a mechanism for defense against bodily harm, theft and involuntary servitude. It cannot claim the power to redistribute the wealth or force reluctant citizens to perform acts of charity against their will. Government is created by man. No man possesses such power to delegate. The creature cannot exceed the creator.

In general terms, therefore, the proper role of government includes such defensive activities, as maintaining national military and local police forces for protection against loss of life, loss of property, and loss of liberty at the hands of either foreign despots or domestic criminals.

Natural Rights

In a primitive state, there is no doubt that each man would be justified in using force, if necessary, to defend himself against physical harm, against theft of the fruits of his labor, and against enslavement of another. This principle was clearly explained by Bastiat: "Each of us has a natural right - from God - to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties?" (The Law, p.6)

Indeed, the early pioneers found that a great deal of their time and energy was being spent doing all three - defending themselves, their property and their liberty - in what properly was called the "Lawless West." In order for man to prosper, he cannot afford to spend his time constantly guarding his family, his fields, and his property against attack and theft, so he joins together with his neighbors and hires a sheriff. At this precise moment, government is born. The individual citizens delegate to the sheriff their unquestionable right to protect themselves. The sheriff now does for them only what they had a right to do for themselves - nothing more. Quoting again from Bastiat: "If every person has the right to defend - even by force - his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right --its reason for existing, its lawfulness -- is based on individual right." (The Law, p. 6)

So far so good; but now we come to the moment of truth. Suppose pioneer "A" wants another horse for his wagon, He doesn't have the money to buy one, but since pioneer "B" has an extra horse, he decides that he is entitled to share in his neighbor's good fortune, Is he entitled to take his neighbor's horse? Obviously not! If his neighbor wishes to give it or lend it, that is another question. But so long as pioneer "B" wishes to keep his property, pioneer "A" has no just claim to it. If "A" has no proper power to take "B's" property, can he delegate any such power to the sheriff? No. Even if everyone in the community desires that "B" give his extra horse to "A", they have no right individually or collectively to force him to do it. 

They cannot delegate a power they themselves do not have. This important principle was clearly understood and explained by John Locke nearly 300 years ago:"For nobody can transfer to another more power than he has in himself, and nobody has an absolute arbitrary power over himself, or over any other, to destroy his own life, or take away the life or property of another."

The Source of Governmental Power

Leaving aside, for a moment, the question of the divine origin of rights, it is obvious that a government is nothing more or less than a relatively small group of citizens who have been hired, in a sense, by the rest of us to perform certain functions and discharge certain responsibilities which have been authorized. It stands to reason that the government itself has no innate power or privilege to do anything. Its only source of authority and power is from the people who have created it. This is made clear in the Preamble to the Constitution of the United States, which reads: "WE THE PEOPLE... do ordain and establish this Constitution for the United States of America."

The important thing to keep in mind is that the people who have created their government can give to that government only such powers as they, themselves, have in the first place. Obviously, they cannot give that which they do not possess. So, the question boils down to this. What powers properly belong to each and every person in the absence of and prior to the establishment of any organized governmental form? A hypothetical question? Yes, indeed! But, it is a question which is vital to an understanding of the principles which underlie the proper function of government.

Of course, as James Madison, sometimes called the Father of the Constitution, said, "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary." (The Federalist, No. 51)

Oklahoma

I have a real passion for God and country and have a deep desire to see things change in America.  Everyday I rant on about how this country is led by self-serving politicians from both parties...but today is not that day.  Appropriately, my heartfelt thoughts and prayers go out to the suffering families in Moore, Oklahoma.  I ask God to find his way into their lives to comfort them and to bless them in their time of need.

Some may be wondering, "Why would God do this?  Doesn't he have the power to stop things like this from happening?"  The simple answer is, yes...he does.  The answer as to why he allows things like this to happen is not as easy to explain.  We know the last days will be marked by many calamities and the rise of evil throughout the world.  Earthquakes, floods, tsunamis, hurricanes, wild fires and, yes, devastating tornadoes will strike quickly and randomly.  In their wake, the injured and dead will include old and young, rich and poor, male and female; the righteous and unrighteous.  These events may or may not be the wrath of God upon a wicked and adulterous generation, but God knew, that in the last days, his children would turn their hearts away and seek the the ways of the world.  Are these events a not-so-subtle reminder that God exists and don't you forget it?  I don't know, but I do know that His ways are not our ways and His thoughts are not our thoughts.  I also know that we can find solace and peace in His word and in obedience to His commandments we shall even find comfort amid disaster.  Losing loved ones, especially children, is the worst mankind will endure, but through the gospel of Jesus Christ and through his atoning sacrifice, the sting of death may be lessened.  Know this; all things that seem bitter and heart-wrenching will be for our experience and for our eventual good.  It's all in our attitude.

I'm aware that my words will not act as a Balm of Gilead for those who currently suffer, but perhaps planting seeds now could eventually sprout and flourish into blossoms of joy and comfort; until then, I'll continue to pray for you who suffer from great loss. God bless you.