Checks and Balances

Our Founding Fathers were fearful of their Federal government becoming abusive to the people.  The accompanying fear of an abusive system of government is a run-a-way government that is not being prudent in how the people’s money is spent.  Due to these fears the Founding Fathers sought ways the central government’s powers could be controlled.  A system of Checks and Balances was established to bridle the activities of the Federal government.

States Separate Federal Government from the People

The Founding Fathers felt that the State leaders were best prepared to protect the people’s rights from a run-a-way government so a political wall was established between the people and the Federal government.  Article 1, Section 8 of the Constitution defines what the Federal government was allowed to do. 

James Madison the acknowledged Father of the Constitution stated that the powers granted to the Federal government are few and defined.  A short list of twenty powers were assigned to the Federal government; limiting its powers and responsibilities.  These powers were given by the State governments to the Federal government. 

In Article 1, Section 8 the Federal government was given the twenty powers that the States felt were best suitable for a Federal government to be allowed to do.  The Federal government was restricted to these twenty powers.  Any increase in the powers assigned the Federal government would have to be modified by the people.

Bill of Rights

Even with the Checks and Balances that were placed into the Constitution to protect the rights of the people some of the Founding Fathers were still hesitant to sign-onto the Constitution.  To get the acceptance of these Founding Fathers the “Bill of Rights” was added to the Constitution. 

The Bill of Rights goes into greater clarity defining the powers the Federal government is NOT allowed to do.  It was felt by many of the Founding Fathers that the central government would attempt to over step their specified list of powers if the Bill of Rights were not added to the constitutional document. 

Balance of Power

The checks and balances ensure a balance of power.  The structure of the Federal government creates a balance of power.  The checks established in the constitution were created by the Founders to keep the Federal government under control.

The House of Representatives has the assigned responsibility to protect the rights of the people.  House Representatives are elected by the people to represent their needs for a period of two years.  The representatives were to be subject to the people thereby protecting the people’s rights.

The U. S. Senators were to be appointed by their respective State legislature.  The Senators were assigned the responsibility to represent the rights and needs of their State.  These Senators were to report back to their State’s legislature actions that were being taken at the federal level of government.  The State legislature would then decide what actions the U. S. Senators would take for the benefit of their state.

The President of the United States was to be the administrator of the House of Representatives as well as the Senate protecting the rights and freedom of the people along with the States.  In this way there is a balance of powers created designed to protect the unalienable rights of the people.

Checks

The key to the established checks within the constitution is the VETO authority of each of the branches of government.  The House of Representatives has the ability to VETO actions taken by the SENATE as well as actions taken by the PRESIDENT of the United States.  In turn, the Senate has VETO power over the House of Representatives as well as the President.  The President in turn has VETO authority over the actions taken by the House and Senate.

It is these VETO powers giving authority to each of the branches of the Federal government that create the “checks” of powers and abuse.  Use of the VETO authority creates the balance of power as it guarantees that NO laws can be passed unless the people’s rights and the state’s rights are fully protected. 

Main Duties of the House of Representatives

The House members have the power to VETO legislation that does not benefit their electorate the people.  The House of Representatives has the power to tax the States.  No where within the original constitution was the Federal government given the right to tax the people directly.  Revenue required by the Federal government was to be levied onto the States.  The House has the power to SPEND; the power to BORROW.  The House of Representatives are responsible for the GENERAL welfare of the people.  The House is responsible to handle affairs that deal with multiple States.  Decisions of the House of Representatives can commit the States funds as well as actions.

Responsibilities of the Senate

The Senators were to be the “sentinels” for the States to protect their State’s rights.  Senators were to be appointed by their state legislature for a period of six years.  The Senate was designed to be a stable element cooling the actions of the House and President of the United States.  The Senate terms were established to be for a six year period along with being staggered so as to avoid emotional political turmoil.  The Senators were to be the stabilizing influence at the Federal government level. 

The Supreme Court

The Supreme Court was established to ensure that the constitutional provisions were adhered to by all parties.  The Supreme Court was to be the “watchdogs” of the constitution to further protect the unalienable rights and freedom of the people. 

The Supreme Court was given the power and authority to overrule the actions of the President and the bi-camel congress if actions taken were found to be contrary to the limitations and powers established in the constitution.  In this way excesses of government could be controlled.

RECAP

This system of checks and balances worked well for over 130 years.  The people’s rights as well as the State’s rights were protected.  In 1913 the established checks and balances were drastically altered creating many of the problems we as a nation are undergoing today.  The enactment of the 16^th and 17^th amendments have virtually destroyed the established checks and balances found in the Founding Fathers Constitution.

The Founding Fathers Constitution

The Founding Fathers of the United States were directed as well as inspired by God in the creation and writing of the United States Constitution.  Over the 220 plus years that the constitution has existed the constitution has undergone many changes.  To distinguish the original constitution from the constitution that the United States is governed by today we will call the original document the Founding Fathers Constitution.

The U. S. Founding Fathers were provided with a unique perspective that few people in history have experienced firsthand that is living under both extremes of government rule.  The authority of a tyrannical government as well as living under an ineffectual government charter with insufficient powers to govern. 

Initially life under the King George III of England was acceptable.  In fact, most of the people enjoyed life under the authority of the King of England.  As time passed grievances arose that the King was unable or unwilling to address.  The King’s unwillingness to correct the problems encountered by the colonists mounted till corrections had to be made.  The King refusing to address the problems worsened the situation for the colonists by adding additional laws, tariffs and taxes onto the backs of the colonists. 

A once loved King George III became a tyrannical leader.  The U. S. Founding Fathers attempted to redress the situation through every legal avenue they had available.  This eventually led to a hardening of positions on both sides which in turn led to the Revolutionary War.

Life under an Ineffective Government Charter

The colonies after cutting ties with England established a charter the Articles of Confederation to administer the duties, obligations of the thirteen colonies as well as conducting the war.  The Articles of Confederation were found to be ineffective not providing sufficient authority to the central government. 

The Articles of Confederation were dependent upon the colonies relinquishing authority over their territory.  The colonists as well as their colonial governments were unwilling to give the central government sufficient authority to effectively govern the thirteen colonies.   In spite of these deficiencies the Colonists were able to win the Revolutionary War.   George Washington credited the colonies performance in the war to acts of Providence.

The colonists lived several years under the limited authority of the central government governing using the Articles of Confederation charter.  This allowed the colonists to understand the disadvantages of life under a government that did not possess sufficient authority to effectively rule.  Living under these two extremes the Founding Fathers knew the disadvantages of both governmental entities.  The Founding Fathers historical experience allowed them to create a comprehensive document designed to protect the rights of the people.

The Founding Father’s Constitution

Life under the rule of the King taught the colonists to fear absolute control.  Whereas life under the charter of the Articles of Confederation taught the Founders that a central government must have certain powers and authority to be able to govern properly.  Faced with these two opposing positions the U. S. Founding Fathers undertook the creation of the United States Constitution.

Checks and Balances

The Founders were fearful that a central government over time would increase its authority and control over the people established sets of checks and balances to limit the ability of the central government to morph into a tyrannical government without the approval of the States and the people.  To protect the rights and freedom of the people checks and balances were established.

Thomas Jefferson believed that the government at the State level, being closer to the people, would provide the people with greater representation.  By balancing the authority of the national government with the combined powers of the States the powers of the national government are limited.  In this manner the powers of the Federal government are balanced between the States and the Federal or central government. 

Though the power of the Federal government was now balanced the Founding Fathers were still fearful that the central government could still develop into a tyrannical government body.   Further checks were established to limit and restrict the ability of the central government from acquiring additional authority and power over the people. 

Among the checks three entities of the national government established branches with specific duties and responsibilities.  Each branch had VETO authority over the other branches.  The bi-camel congress was given separate distinct responsibilities.  A bi-camel congress was established to represent their segment of the controlling government bodies.  The Senate was to defend the State’s rights whereas the House of Representatives were to represent the people.  It is this VETO authority that provides the checks to an out-of-control Federal government.

States Rights

The Federal government’s authority and powers are derived directly from the States.  The States were placed between the Federal government and the people.  In this way the States are a “Wall of Political Protection” protecting the rights and freedom of the people.  To accomplish this control authority the States were provided with Senators that would be under direct control of their State legislature. 

The U. S. Senators were to report directly to their State legislature to determine the response the Senators should or should not take at the Federal level of government.  The U. S. Senators were appointed by their States legislature.  The Senators were subject to the dictates of their particular State’s legislature.  In this way the States could protect the States authority as well as protect the freedom of its citizenry from infringing power of the Federal government. 

The House of Representatives was established to represent and protect the people of their state.  The House Representatives were elected by their state’s registered voters.  The House Representatives served subject to the dictates of the people.

Founding Fathers

The Founding Fathers established the separation of powers along with the redundancy of checks and balances so that the unalienable rights and freedom of the people could be adequately protected.  The Founders were so fearful of the possibility that the central government would morph over time to become tyrannical that the Bill of Rights was added to the Founding Fathers constitution. 

The Bill of Rights established the specific restrictions dictating the limits that were to be placed on the Federal government.  It was only with the addition of the Bill of Rights to the constitution that all the Founders got on board willing to accept the Founding Fathers constitution as the official governing document.  The Founders constitution was completed in 1787 and enacted in into the law of the land in 1789.

Free Market Economics

Long before Karl Marx the American Pilgrims experimented with socialistic practices in the hopes of creating a fair just society.  The pilgrim settlers had contracted with their merchant-sponsors in London for their passage and supplies to the new world.   The pilgrim’s had established the socialistic program that was initially followed only to be replaced by a free market economics system after the first year.

For the Full Story

Experiment with Socialism

The contract they obligated themselves to in London required products of their labors to be shared equally among everyone in the community.  Their first year in the New World was difficult nearly half of the pilgrims died of sickness, exposure to the elements or starvation. 

The following spring the native Indians taught the pilgrims how to farm, fish and hunt.  With this newfound knowledge the lives of the pilgrims improved however they were still unable to prosper at their new venture of life in America. 

The pilgrim’s contract with their merchant sponsor called for everything to be held by the entire community.  The community proceeds were to be distributed equally among the community members.  No one in the community owned anything.  The initial pilgrim settlement was established as a commune. 

The pilgrims understanding their survival needs for the second winter in this new wilderness devoted only the labors that were required of them.  Their newly acquired knowledge and skills helped them to survive but not prosper.   The community members were not willing to labor for another man’s benefit.

The pilgrims led by William Bradford decided to scrap the social experiment established in their original contract with a system that rewarded individual industriousness and creativity.  The surviving pilgrims were allowed to own property along with enjoying the benefits of their labors.  The pilgrim colony then began to flourish.  The community was able to repay their sponsors in London.  The pilgrims had discovered that free market economics which rewards personal efforts works benefiting everyone in the community. 

Free Market Economics Results in Wealth for the Poor Upward Mobility

For free market economics to function property ownership must be recognized.  Allowing people to benefit from their own labor creates incentives producing overall economic development.  Over the last 100 years free market economics has been instrumental in reducing poverty along with increasing life expectancy than man had experienced in the previous 5,000 years.  Though these benefits have been real we have not had a totally free market economics system to fully function as government has been allowed to encroach on man’s unalienable rights and freedom.

The United States Constitution was established to protect the rights and freedom of its citizens.  Protection of the unalienable rights and freedom has allowed the free market economics system to not only benefit the citizens of the United States but the population of the entire world.  It was the guarantee of freedom provided by the Founding Fathers Constitution that has unleashed this creativity and development world-wide.   Men will put forth labor when they know that labor expended will go for their benefit.

Centralized Planning

Under a centralized economic system such as socialism there is a person or committee that must decide the number of items that are produced for the societies benefit.  How is that decision made?  From where is the data procured that goes into making the decision as to the number of units that is necessary to fulfill the requirements of the overall group? 

There is no source where this information can be found as society is in a continual change.  Therefore the decisions made at the central planning level are always incorrect.  There are either too many products produced or there are too few. 

If you were a government employee with the job of deciding how many products were to be produced which option would you choose; producing too many or too few.  Under socialism or a centralized planning model there are always too few products produced for the masses as it is safer to have a demand for more than to have produced too much.

Allowing People to Decide or Decentralized Planning

Under free market economics system the people are free to make the decision as to the numbers of a product that are necessary from one day to the next.  If the supply of a product is insufficient the price of that product increases.  An increase in price invites more people to produce. 

When the supply of a product is greater than the demand for that product the price of the product decreases.  The consuming public makes the decision on a day to day basis as to the number of units that are necessary to fulfill the demands. 

The price system under free market economics determines the overall numbers of products that are available for the consumer.  The people decide what products will or will not be produced and in what quantities the products will be produced. 

Free market economics is the door to creating wealth for the poor.  The price system of a free market allows consumers to determine the use of resources.  The “price system” determines what people can afford, what sells, what gets manufactured.

Our Founding Fathers Constitution

In 1789 a constitution was enacted that guaranteed the rights and freedom of the people would be protected from government tyranny.  This act along with the freedoms to try, to fail, to succeed, including the freedom to possess the benefits of one’s own labor opened up the flood gates for development in the United States and the world.  The enactment of the U. S. Constitution was the first time in the history of man that all the principles of freedom were made available at one time. 

The Tale of Two Constitutions – Part 2

In this video presentation, The Tale of Two Constitutions, Dr. Glenn Kimber discusses the difference between the constitutions as established by our Founding Fathers versus the constitution that we are governed by today.  The differences between the two constitutions are quite dramatic.  Many of the problems we face as a nation today are the result of the changes that the people have allowed to transpire by altering the constitution.

A Wise Old Adage

There is an old adage that goes something like this:  “Don’t tear down the fence until you know why it was built”.  Over the years as a people we have allowed our elected officials to make changes to our constitution that has made alterations to the constitution without understanding the full consequences of the change.   These changes through ill advised amendments have eliminated many of the “checks and balances” that were in our original constitution. 

Amendments to the Constitution

Each new amendment to the constitution supersedes everything before it.  Though Article 5 of the constitution provides for the people to be able to amend their constitution great care should be taken when considering amendments.  It is important that changes to the document not alter the “checks and balances” that have been established.

Every citizen of the United States should have an understanding of the constitution that the Founding Fathers created.  Only through knowledge can educated choices be made.  We the people have allowed our political officials to pollute the constitution. 

It is important to remember that power corrupts and that absolute power corrupts absolutely.  Anyone with power will devote further efforts to increase his power and authority.  The people have allowed our elected officials to increase their powers over the people.   By making changes to the constitution our government officials, as well as judicial body have made procedural moves to enhance their authority and power.

The Constitution as it IS TODAY!

It is common to hear people upset with their elected officials for not adhering to their promises of protecting the constitution.  The elected officials often appear dismayed feeling that they have been actively protecting the constitution.  The problem arises because there are the two constitutions. 

Our federal officials when accepting a position in the federal government must affirm their allegiance to the constitution of the United States of America.  The constitution these elected officials are affirming to protect is the constitution as it is today.  The constitution as created by our Founding Fathers has been altered to the point that the people’s rights and freedoms are no longer protected.

It is therefore possible for an elected official to correctly claim he is working to preserve and protect the constitution.  Often people whom are upset over the actions taken by their elected officials are upset because the constitution they know and understand is the constitution of the founding fathers and not the constitution that we are governed by today.

Healing America By Healing the Constitution

Over the years attempts had been made to heal problems that America found itself afflicted with to only cure that ailment having five other societal ills pop-up.  Most all of the problems that America is undergoing today are the result of alterations made to the founding fathers constitution. 

Thomas Jefferson Center’s answer to healing America is to return the constitutional “check and balances” to the constitution that our founding fathers had originally placed in this great document.  By reestablishing the “checks and balances” problems can be corrected without creating additional societal problems. 

The Tale of Two Constitutions – Part 2

Dr. Kimber uses this video to explain the two constitutions as well as the constitution that we have today.  He then provides an answer to correcting America’s ills and healing the constitution.  I invite you to take a few minutes to view the video.

The 5000 Year Leap is a treatise detailing the development and growth of society.   The United States of America as a result of following historically proven principles of liberty, freedom and prosperity has greatly enhanced the living standards of all mankind. 

A Noble Experiment

These principles have been discovered by earlier societies though not used simultaneously with one another.  For the first time in history a government was established built to initiate a “great noble experiment” testing whether these historical individually proven
principles would benefit the newly formed government of the United States. 

The creation of the U. S. Constitution began a great experiment that has created a remarkable period of growth and development along
with awakening man’s personal liberty, and freedom.  The 5000 Year Leap details the progression leading to the creation of the United States, development of man’s freedoms that have led to the greatest period of prosperity experienced by mankind.

In a short 200 years mankind has grown considerably making a 5000 year leap.   Though not all growth occurred in America, the flow of liberty, 
freedom and prosperity which the American Founders awakened in the world has caused this magnificent development world-wide. 

28 Great Ideas

Dr. Skousen uses “The 5000 Year Leap” to introduce us to “28 ideas that changed the world.”  Though the American Founding Fathers had not originated these ideas and principles they were instrumental in assembling the principles into a singular package creating an unparalleled period of success and prosperity. 

Today these ideas and principles may seem common as well as old-fashioned.  However these principles have been proven true by history.  The
5000 Year Leap explicitly describes these ideas and principles explaining how our return to these ideals will solve many of the problems we find our society facing today.  This book was written years ago but it is as relevant today as it was when it was originally published. 

As members of society we have lost our connection to the basic elements that make true happiness possible.  The 5000 Year Leap enlightens these principles inviting us to reintroduce these basic qualities back into our lives. 

The Making of America

This book “The Making of America” is an enjoyable read.  The writing style is such that you find yourself seeking more information of which the text has supplied ample sources of corroborating reference material.  The book was authored by W. Cleon Skousen several years ago.  Though the book was written several years ago the information contained therein is as relevant today as it was then.

The Making of America begins with a biographical delineation of the man, Thomas Jefferson who discovered the principles behind America’s great awakening of freedom.  The book then follows the path that the American Founding Father’s took in their search for a workable governmental system that would protect the freedom of the populous.

 
Background Information of America’s Formation

 
Cleon Skousen in writing the book wanted to show what writings had influenced America’s Founding Fathers to opt for a governmental system that had never been fully implemented before in all of man’s history.  During the Revolutionary War the colonies were governed by the Articles of Confederation which proved to be deficient not providing sufficient authority to the central government.  The founding fathers were fearful of the abuses that are inevitable from an all powerful central authority.  Strengthening of the central government was done slowly after much thought, discussion and deliberation.

The Why & Hows of Capitalism

America’s great renaissance of prosperity and freedom is the result of multiple factors all coming together at the same time.  Adam Smith published “Wealth of Nations” at around the same time period the Founding Fathers were working to frame America’s political and economic system.  The Founding Fathers adopted Adam Smith’s premise thereby directing free men to trade freely among themselves.  Dr. Skousen in his book “The Making of America” uses this part of history to explain capitalism along with why capitalism works.  Free men given the freedom to own property, freedom to try or fail has created the greatest era of prosperity known to mankind.

 
Dissection of the U. S. Constitution

Cleon Skousen then continues with a detailed dissection of the U. S. Constitution using writings of the Founders individually as well as information recorded in the “Federalist Papers.”  The Making of America tells how the U. S. Constitution is unique from all previous governing documents in that it SECURES the rights and powers of the people.

 
Recap – The Making of America

Most books covering legal matters are boring difficult to read and understand.  Dr. Skousen has delved into the constitution uncovering the principles behind the included clauses within the constitution bringing the document alive.  This fact accompanied with his unique writing style makes “The Making of America” an easy enjoyable read for both young and old.  Historical background information provides color to an otherwise dry subject matter.

The book has a very enticing manner that invites the reader to personally delve deeper into the subject.  I have found this quality unique to many of Cleon Skousen’s books.  As an introduction to understanding America’s constitution this book cannot be beat.  It provides the historical background as well as the principles encompassed within this great legal document.