An explanation of the checks and balances built into the US Constitution including historical timeline on how those checks and balances have been eroded.

1. Why are they not working?
And what can we do about it?

3. A New System of Government
is Invented
U.S. Founding Fathers
 Experienced tyranny of
George III
 Studied ancient
governments to evaluate
government experiments of
the past
 Were determined to find a
new form of government
They created:
 a Constitution that would
produce the advantages of
good, and prevent the
inconveniences of bad
government
 a Constitution that would
insure PEACE, FREEDOM,
and HAPPINESS to the states
and people of America

4. Built-in Restraints
 A well-thought out system of checks and balances
was written into the Constitution to protect the people
from a tyrannical government.
 The U.S. Constitution provides a system of self repair
which deals with abuse of power by peaceful means and
avoids the risk of one revolution after another.

5. What kind of Government?
After the Constitutional Convention had finished its work
in 1787, a woman asked Benjamin Franklin what kind of
government had been decided upon. He replied:
“A Republic, if you can keep it.”

6. Democracy or Republic?
Benjamin Franklin described it best
when he said:
“Democracy is two wolves and a
lamb voting on what to have for
lunch.
Liberty is a well-armed lamb
contesting the vote.”
History demonstrates that democracies deteriorate to mob
rule and chaos while liberty is found in Republics.

7. “Alas,
republics decline into democracies
and democracies degenerate
into despotisms.”
Aristotle

8. “During the early 1900s an ideological war erupted,
and the word‘democracy’
became one of the casualties.
Today,the average American uses the term‘democracy’to
describe America’s traditional Constitutional republic.
But technically speaking it is not.
The Founders had hoped that their descendants
would maintain a clear distinction
between a democracy and a republic.”
Cleon Skousen

9. Democracy Defined
 Democracy means rule by the people just as
precisely as monarchy means rule by one.
 TheWebster’s 1828 dictionary defines democracy as
a government by the people, a form of government
in which the supreme power is lodged in the hands of
the people collectively.
 A democracy becomes increasingly inefficient as the
population grows.

10. Republic
 On the other hand, a Republic is defined as a free
state in which the exercise of the sovereign power is
lodged in representatives elected by the people.
 This form of government has sufficient power to be
controlled by the people with the necessary
attributes to remain stable as it is expanded.

11. A Constitutional Republic
 This system of government was invented by our
Founding Fathers.
 A written constitution would be the supreme law
of the land. This prevents government from being run
by the whims of men.

12. A Constitutional Republic
 Sometimes this form of government has been referred
to as a democratic-republic because it would only become
operational if approved by the people.
 When ratified, the Constitution would become the voice
of the people, thereby making the voice of the people
the supreme law of the land.

13. A Balance of Freedom and Liberty
Freedom
A state of exemption from the
power or control of another.
Exemption from fate,
necessity, or any constraint
in consequence of
predetermination.The right
to sovereignty and self-
determination.
Liberty
Civil liberty is an exemption
from the arbitrary will of
others which exemption is
secured by established laws
which restrain every man
from injuring or controlling
another.

14. Public
Morality
Private
Morality

15. Private Morality
Private morality is a matter
between a person and his
conscience.
Private moral right is to do
anything he pleases as long
as it does not adversely
affect someone else.
Public Morality
The moment moral behavior is
in violation of the quality of
life set by the majority of
the community, the person
is in the arena of public
morality and must abide by
the will of the majority.

16. Remember ...
Liberty is secured by established laws which
restrain every man from injuring or
controlling another.

17. “Stand fast therefore in the
liberty
wherewith Christ
hath made us free.”
Galatians 5:1

18. Democracy
Freedom
Republic
Liberty

19. The 20th Century Shift
Republic Democracy
Freedom from
bondage
Freedom from
consequences

20. Out of Balance

21. A Closer Look
The restraints of
government must
never be allowed to
become obsolete or
neglected because
human nature does
not change.
secure
liberty

22. Securing Liberty
How is it accomplished?
 Horizontal separation of power
 Vertical separation of power
 Representatives/Guardians of Liberty
 Electoral College
 Bill of Rights

23. Horizontal Separation of Powers
For the first time in modern history, the Founders divided these three
branches into separate heads.
Legislative
• Article I
• Make the
laws
Executive
• Article II
• Enforce
the law
Judicial
• Article III
• Interpret
the law

24. Protective Chain
 The horizontal separation of powers is a protective chain
written into the original Constitution.
 This separation of powers, when operating properly,
protects the people by preventing the consolidation of
power into one person or branch of government.

26. Erosion in the System
Unfortunately, this system of checks and balances has
been eroded over time through amendments and
judicial interpretations that are not consistent with
the original intent of the Founders.

27. Vertical Separation of Powers
 Separation of powers between federal, state and local
governments.
 Our Founders desired to assign to each level of
government that service which it could perform most
efficiently and most economically.

28. Vertical Separation of Powers
 James Madison explained “the powers delegated by the
proposed Constitution to the federal government are few
and defined.”
 The 10th Amendment of the Bill of Rights clarifies this
division by stating that “the powers not delegated to the
United States by this Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the
people.

29. Vertical Separation of Powers
Only specific limited power assigned to each level of government.
The further up the pyramid,the less power given to that branch of government.
The Federal
Government
The Several
States
Thousands of Counties
Millions of Communities
Tens of Millions Families
Hundreds of Millions Individuals

30. Individual level
 The people have unalienable rights to exercise agency in
governing their own affairs as long as it did not impose
on the rights of others.
 Individuals have the right and responsibility to solve
problems relating to work, play, associations, creature
comforts, education, acquisition, and disposition of
property.
 As a member of society, the individual has the right to a
voice and a vote.

31. Family level
 The family is the most important unit of organized
society.
 Within families the individual finds greater satisfaction
and self-realization than in any other segment of society.

32. Family Level
 The family is granted exclusive and sovereign rights
which cannot be invaded by another branch of
government unless:
 There is evidence of extended and extreme neglect of children.
 There is evidence of criminal abuse.
 The family residence is being used for criminal purposes.

33. Inescapable Responsibilities of Parents
Conduct of
Children
Education of
Children
Religious
Training of
Children
Raising children
to be morally
competent, self-
sustaining adults

34. The Community Level
Things that a community can do better than an
individual family
 Roads
 Schools
 Water
 Police protection
 City courts to handle misdemeanors
 Power to tax to provide these services

35. The County Level
Activities which a group of communities can handle
collectively with more efficiency than an
individual community
• Levying and collecting taxes
based on property value
• Issuing licenses for fishing and
hunting
• Records of deeds, births,
deaths, marriages
• Conducting elections
• Caring for the needy
• Protecting public health
• Prosecution of serious crimes
or minor crimes in a rural area
• Secure long-term county jail
(for prisoners serving less than
one year)
• Providing county roads,
bridges, drainage systems
• Providing rural schools, rural
police services

36. The State Level
Sovereign entity of a specific region which can function
more effectively for all communities, counties, and
people of the state than they can do for themselves.
• Build roads and bridges
• Supervise intrastate waterways
• Pass laws to protect the health,
safety and morals of the people
• Moral problems include liquor,
gambling, drugs, prostitution
• Authority to tax
• Regulate commerce
• Establish courts
• Define crime and
prescribe punishment
• Establish and
maintain public
schools

37. National Level
“The powers delegated by the proposed Constitution to the
federal government are few and defined.”
James Madison
 Federal lands and property
 Federal finance
 Coining of money
 Fixing weights and measures
 Establishing post offices
 Setting up federal courts
 Handling crimes on the high seas
 Violations of the laws of nations
20 powers
• Foreign affairs
• War, peace, national security
• Managing interstate commerce
• Federal taxes
• Naturalization
• Patents
• Bankruptcy laws

38. National level
 The Founders feared that federal officials and federal
agencies would try to invade or control the activities
assigned to the states.
 They therefore included the 10th Amendment to remind
the federal government that it had no authority in any
area not specifically described by the Constitution.

39. “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 ...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.”
Thomas Jefferson

40. Representatives – Guardians of Liberty
 Representatives are selected by a majority vote of the
people. This is one of the fundamental differences between
a republic and a democracy.
 The average citizen does not have time to study the issues to
the extent required to make an informed vote. We elect
representatives to do that for us.
 A representative government protects us from votes cast by
individuals who are easily influenced by 30 second sound-
bytes and expensive political ads.

41. Representation
Covenants and Accountability are the benefits of a
representative government.
The representative has specific, covenant duty relating to
the source and boundaries of his authority, the
Constitution, and to those who choose him to perform that
duty, the citizens.
He is accountable to both for the ethical and wise
performance of his duty.

42. Jesus Christ is the perfect
example of the good
representative.
“For I came down from
heaven,not to do mine own
will,but the will of him that
sent me.”
John 6:38

43. Guardians of Liberty
 Guardians of liberty have been established at all levels
and in all branches of government.
 Guardians were set up to ensure that the Constitutional
provisions are in force.
Who are the guardians?
The people themselves!

44. First Level of Guardians
 The first level of guardianship comes from We the
People.
 We must elect good leaders and hold them accountable
for the execution of these responsibilities.

45. Additional Guardians
 Father : Guardian of the family. His role is to provide, protect,
and represent the family.
 Local and State leaders: Guardians of the local governments
 House of Representatives: Guardians of the people
 Senate: Guardians of the States
 President: Guardian of the government
 Supreme Court : Guardian of the Constitution

46. Electoral College
The electoral college was originally instituted by the
Constitution to extend the protections of representative
principles to the election of the Executive.

47. The selection and purpose of the
Electoral College
 Each State Legislature was to decide a method by which to
designate Electors numbering the sum of their Senators and
House Representatives.
 The sole purpose and interest of this representative body of
Electors was to determine and nominate by closed and
independent ballot the best candidates for president.
 Each Elector selected two prospects.

48. Executive Election
 The closed ballots were to be transmitted to Congress to be
opened and counted in the presence of both houses.
 If an individual was nominated by the majority of the Electors
that person would be the President.
 If more than one, or no individual has a majority, then the House
of Representatives votes on which will be President, each State
having one vote.

49. The 12th Amendment - 1804
 The 12th amendment requires separate electoral ballots
for the president and vice president.
 In the election of 1800,Thomas Jefferson and Aaron
Burr each received 73 electoral votes. The House of
Representatives had to vote 35 times until on the 36th
ballot Jefferson won.

50. Benefits of the Electoral College
 All Electors would meet on the same day so there is
little chance of collaboration. The Electors would not
know the outcomes from the other states until their
part was over.
 Electors would be representatives charged with
the research and evaluation of prospective executives
based upon their merits and performance in regards
to public trust and constitutionality.
 In the early days of the nation, electors were chosen
due to their wisdom and knowledge of politics, not
due to their preference for any particular candidate.

51. The Bill of Rights
 The people insisted on a Bill of Rights.
 They feared, from bitter experience of the past, that the
courts of government executives might somehow twist the
meaning of certain words in the Constitution so as to
deprive them of their rights, precisely as King George and
his officers had done.
 This is why George Mason, a leading patriot fromVirginia,
declared that he would rather have his right hand chopped
off than sign a Constitution without a Bill of Rights.

52. What is the Bill of Rights?
 It is not a declaration of rights at all. It is a declaration of
prohibitions against the Federal Government.
 In the minds of the Founders, usurpation and intervention by the
federal government in the affairs of the states and the people
were the most ominous threats.
 Therefore the Bill of Rights opens with a bold prohibition against
the Federal Government. These prohibitions are restrictive on all
branches at a Federal level – Executive, Legislative, Judicial.

53. What the Bill of Rights is Not
 The Founders did not want the Federal government to serve as a
watchdog over the states’ responsibility to protect the rights of
the people.
 IF the states failed in their responsibility, they wanted the
pressure to build up, thus forcing correction within the confines
of the state.
What happens to separation of powers when we run to
the Federal Government to enforce issues that
should be resolved within the state or community?

54. James Madison learns
an important lesson
 James Madison tried to include a provision in the Bill of Rights
which said: “No state shall violate the equal rights of conscience,
or the freedom of the press, or the trial by jury in criminal cases.”
 Obviously, this was designed to authorize the federal government
to intervene if a state failed to perform its duty.
 The Congress turned it down flat. They wanted the federal
government to stay out of the business of the states. If the
people found their state derelict they were to correct it on a state
level and not come running toWashington or the federal courts
to have it corrected.

55. Securing Liberty
How is it accomplished?
Horizontal
Separation of
Power
Vertical
Separation of
Power
Representatives/
Guardians of
Liberty
Electoral College Bill of Rights

56. How Did We Lose our Balance?
 Emphasis on Democracy
 Loss of Representation
 17th Amendment
 Freedom from
Consequence
 Loss of liberty
 14th Amendment

57. Emphasis on Democracy
Are we forgetting to support,communicate with,and educate our
representatives?
 Initiatives/Referendums of the people on the ballot
allow a democracy to rob the republic.We must be
cautious. The people should petition their
representatives instead.
 Evolution of the Electoral College
 17th Amendment

58. Evolution of the Electoral College
1804 – Each state determined how to
choose electors. Initially, electors
selected by State Legislatures.
By 1860 - All states have decided to
choose electors by direct popular
vote.
Trend begins towards “winner-take-
all” electoral votes as the 2 party
system emerges.

59. Each party puts up a “slate of electors”
– a list of individuals loyal to their
candidate.
Individual electors appeared on the
ballot but this confused voters.
Today, the expression “Electors for . . .“
usually appears in fine print on the
ballot in front of each set of candidates.
48 States have the winner take all rule
for the Electoral College (Nebraska and
Maine are exceptions).

60. The Elector’s Vote
 There is no federal law requiring electors to vote as they have
pledged, and over the years a number of electors have voted
against the instructions of the voters.
 29 states and the District of Columbia have laws binding electors
to the popular vote winners, but most constitutional scholars
believe that electors remain free agents and that such laws would
not survive constitutional challenge.

61. States that bind electors to the popular
vote
Alabama
Alaska
California
Colorado
Connecticut
Delaware
*District of Columbia
Florida
Hawaii
Maine
Maryland
Massachusetts
Michigan
Mississippi
Montana
Nebraska
Nevada
New Mexico
North Carolina
Ohio
Oklahoma
Oregon
South Carolina
Tennessee
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming
*The 23rd Amendment gave 3 electoral votes to the District of Columbia,even though it is not a state.

62. States without legal binding
Arizona
Arkansas
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Minnesota
Missouri
New Hampshire
New Jersey
NewYork
North Dakota
Pennsylvania
Rhode Island
South Dakota
Texas
WestVirginia

63. National Popular Vote Compact
 Between 2001 and 2008, bills were introduced in every
state in the country to change the process for selecting
electors.
 Most of the bills proposing changes to the Electoral
College that have passed were introduced in the last two
years. They would adopt the National PopularVote
Compact.

64. National Popular Vote Compact
 If enough states adopt the Compact so that their electoral votes
constitute a majority (270), the Compact would take
effect. Under the provisions of the Compact, in any participating
state, all of the state's electors would be awarded to whichever
candidate wins the national popular vote.
 The bill has been enacted by 9 jurisdictions possessing 132
electoral votes — 49% of the 270 necessary to activate it (VT,
MD,WA, IL, NJ, DC, MA, CA, HI).

65. The Role of the Senator
 The original intent of the Founders was for Senators to
be appointed by State Legislatures.
 The Founders had assigned the Senate the responsibility
of representing the states as sovereign entities, which
is why they were appointed by state legislatures rather
than being elected directly by the people of the state.

66. The Role of the Senator
 They did not want the Senators to be compelled to
involve themselves in the popular issues of the day but
instead concentrate primarily on the protection of states
rights and on maintaining the established order.
 The Senator would be accountable to the Legislature for
how they protect State interests.

67. The Role of the Senate
Balance the Budget
Keep taxes as low as possible
Temper the radicalism of the House
Serve as the “elder statesmen” of the Congress

68. The 17th Amendment
 This amendment gives the people of each state the right to elect
their United States Senators instead of having them appointed by
their state legislatures.
 Both the Senate and the House are now a reflection of the
popular will without reference to the sovereign interests of the
states.
 The checks and balances which the states were to have provided
through their Senators have been lost.

69. When did the Fed become
the watch dog?
 The Founders did not want the
Federal government to serve as a
watchdog over the states’
responsibility to protect the rights of
the people.
 IF the states failed in their
responsibility, they wanted the
pressure to build up, thus forcing
correction within the confines of the
state.

70. Historical Time Line
13th
Amendment
• 1865
• Abolished slavery
14th
Amendment
• 1868
• Guaranteed freed
slaves their rights
15th
Amendment
• 1870
• Guaranteed freed
slaves the right to
vote
3Amendments passed in rapid succession after the CivilWar

71. A Poorly Written Amendment
 The 14th amendment was written in retaliation to the civil war.
The states of the North were punishing the states of the south.
 It was hastily and poorly written and includes the line “no state
shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States.”
 Unfortunately it did more to destroy rights instead of protecting
or giving rights.

72. 1940s
 The Supreme Court separated the intent from the
wording and substituted a totally revised and foreign
interpretation.
 The Court declared that the purpose of the 14th
Amendment was to limit the States not just on racial
civil rights issues, but on numerous items contained
within the Bill of Rights.

73. 1940s
 The Federal Courts have also adopted a doctrine called“substantive due
process”based on the 5th and 14th Amendments which has appropriated
new federal jurisdiction by applying most of the federal Bill of Rights to
State Governments.
 This amendment changed the Bill of Rights. They were no
longer a prohibition against the Federal Government, but a
prohibition against any level of government as defined by the
Supreme Court.

74. How the 14th Amendment changed the
1st and 2nd Amendments
The original intent of the Founders was to get the Federal
Government out so the State governments can be in.
 We have the responsibility within our own communities to protect
our standards of morality, decency and safety.
 Each individual has a right and responsibility regarding standards of
behavior in their community.
 If we the people allow evil to come into our community, then we are
responsible.

75. Consequences of a Federal Watch Dog
• Judicial interpretation of the 14th Amendment
allows the Federal Government to come in and
dictate standards of morality, decency and
safety within their own communities.
• Federal government is now coming into
communities and churches to tell them what to
do.

76. Current Examples:
Chicago’s ban on handguns: June 28, 2010
 The Supreme Court decision’s ruling against the city of
Chicago pertaining to Chicago’s strict ban on handguns.
 The ruling basically said that the 14th Amendment allows
the Federal Government to enforce Chicago’s right to
bear arms.

77. Food for thought
 Have 2nd Amendment rights been protected or dictated?
 Does this open the door for the same type of dictatorial control
over the 1st Amendment, the 10th Amendment, or any other part
of the Bill of Rights?
 Will this decision establish a precedent that will allow them to
come into each community and dictate standards of morality and
decency?

78. The authority to interpret
becomes the power to control.
The power to control
becomes the weapon to destroy.

79. Losing Our Balance
Transferring the decision back toWashington, DC,
or to the popular vote, and away from the people’s
local representatives, is a direct blow to the
concept of a Republican form of government with
proper checks and balances.