FOCUS on FREEDOM
Questions for US Senatorial Candidates
Key #7. The Declaration of Independence declares the principles of freedom. The US Constitution is the strategy for freedom.
The Declaration of Independence declared that we would be free from the oppression of Great Britain. All out war ensued! We won the war but the question of how to establish a government that would not become oppressive remained. After the war ended, the weaknesses of the Articles of Confederation became evident. The Constitution was designed to establish and maintain a lasting environment of freedom.
Defend
How does the Constitution provide a basis for establishing and maintaining freedom? What will you do as a Senator to make sure that the Constitution continues to protect our freedom?
Refute
If in your opinion, the Constitution is not the best tool for establishing and maintaining freedom, what would you as a Senator suggest as an alternative?
Key #8. The Constitution was designed to control the national government, not to control the people.
All governments make laws. Laws are made to control people, specifically criminals. The Constitution provides the structure to make laws which protect us against criminals. More importantly, the Constitution is to define, restrict, and control the powers of the national government—to keep it from becoming tyrannical. It keeps our law makers and administrators from becoming our oppressors—“to bind down those whom we are obliged to trust with power…”.
Defend
How does our Constitution provide protections against the government having legal sanction to commit plunder?
Refute
If the Constitution is supposed to control the people then what document or method is available to keep the government under control?
Key#8. The Constitution was designed to control the national government, not to control the people.
When the Constitution is used as a method of legislation it can no longer perform its proper function of defining and maintaining the structure of government. I call this legislation by constitutional amendment. It tends to be issue oriented rather than principle oriented. Legislation by constitutional amendment actually weakens our Constitution.
Defend
What can be done to prevent future legislation by constitutional amendment?
Refute
What advantage is there to amending the Constitution over other legislative methods to address current issues?
Key #9. The national government was to deal with the states and other nations; the states and local governments were to deal with the people.
The “more perfect union” of the States delegated to the central government powerful prerogatives in a few specific areas, such as national defense, matters between the states and other nations, payment of debts, regulating the standard of money, weights and measures, etc. The national government was to have NO direct relationship with the people. General welfare meant the well-being of all the people of the nation, not specific groups.
Defend
What is the advantage of this “division of labor” where the national government deals with national issues and the states and local governments deal with people issues?
Refute
What would be the advantage to having the national government deal with the people issues directly rather than having the states and local governments deal with those issues?
Key #10. The Constitution was structured to recognize and protect separate and sometimes conflicting interests.
In the original Constitution, the interests of the States, both large and small, were represented equally in the Senate. Another house was established to represent the interests of the people proportionally. In that context any law that was to pass would have to satisfy a majority of both interests. Since the 17th Amendment was ratified, the Senate no longer represents the interests of the State governments.
Defend.
How important is it to repeal the 17th Amendment and restore representation for the states in Congress?
Refute
What disadvantages would result from the repeal of the 17th Amendment?
Key #11. The Formula for Freedom is found in the structure of the U.S. Constitution:
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Limited, delegated powers. (Enumeration)
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Vertical distribution of powers. (Federalism)
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Horizontal separation of powers. (Separation)
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Checks. (Bridle usurpation)
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Balances. (Representation of all interests)
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Secured rights. (Individual sovereignty)
The genius of creating the necessary controls over the national government and each of its branches, lies in the strategy of choosing those who serve by different methods, for different terms of office, representing different interests, and delegating to each different responsibilities. This strategy checks the usurpation of power by allowing each legitimate and constitutionally authorized branch to protect its power from the other branches.
Defend
What are the differences between checks and balances? Why are both important?
Refute
In your opinion, what is the proper structure (either existing or proposed) that our government should have?
Key #11. The Formula for Freedom is found in the structure of the U.S. Constitution:
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Limited, delegated powers. (Enumeration)
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Vertical distribution of powers. (Federalism)
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Horizontal separation of powers. (Separation)
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Checks. (Bridle usurpation)
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Balances. (Representation of all interests)
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Secured rights. (Individual sovereignty)
Legislation by constitutional amendment which we addressed earlier is only one of the areas that have been abused over the years. Even more glaring are the abuses which I describe as legislation from the bench and legislation by executive order and administrative law. These have all but destroyed the separation of power that the Framers intended to protect us from government usurpation.
Defend
What will you do as a Senator to curb these abuses and restore the separation of powers?
Refute
How are these other forms of legislation superior to those outlined in the Constitution?
Key #12. The Framers intelligently designed the United States of America to be a complex constitutional representative Republic not a Democracy.
In a democracy the majority rules. This easily turns to mobocracy and anarchy. In a complex constitutional representative Republic, people elect people to represent them on several levels and represent various interests. The will of each interest is represented because representatives are chosen by electors constitutionally competent to represent that interest. The representatives are limited in their prerogatives because the government is restricted by a written constitution and therefore governed by law, not by the whims of men.
Defend
How is it possible for the United States to be restored to constitutional order rather than today’s democracy approach?
Refute
What advantages are there to the current methods of government operation over that established in the original Constitution?
Key #13. The first 10 amendments, The Bill of (Individual) Rights, do not amend the original intent of the Constitution. They clarify the restraints placed on the national government and they safeguard the rights of individuals.
A right can be described as a just claim. Rights serve as checks against government usurpations. A declaration of individual rights, as part of the Constitution reminds the government of their obligation to not exceed the powers granted to them and serves as a reminder of where those powers come from.
Defend
What can be done to protect our rights from further loss due to usurpation by our government?
Refute
Which of the rights that we enjoy would not have been ours had it not been for the Bill of Rights?
Key #14. The 9th and 10th Amendments are the keystones to preserving Freedom.
These two amendments summarize the intent of the Framers regarding personal rights and government powers. The rights of the people are retained in the people, whether or not they are enumerated, but the powers delegated to government are limited to only those which are enumerated in the Constitution.
Defend
Today we see many states attempting to reaffirm 10th Amendment consideration. How should the national government respond to these attempts?
Refute
Today we see many states attempting to reaffirm 10th Amendment consideration. How should the national government respond to these attempts?
Key #15. In order to retain the divinely inspired Constitution, the “Miracle at Philadelphia,” every generation must be educated in the divine science of government and be vigilant in its preservation.
Many of the Founders recognized that in order to preserve the Constitution, every generation of Americans must be taught the proper role of government, to prepare themselves to be patriots and statesmen, and the hows and whys of the structure of the government which promoted freedom. The Founders knew first hand that freedom isn’t free, that freedom is fragile and that it could be easily lost or broken. They also recognized that freedom requires responsibility and that the “price for freedom is eternal vigilance.”
Defend
What do you do personally, to teach others about the Constitution?
Refute
If studying the Constitution is not the answer to maintaining freedom, what would be your solution?
