The U.S. Constitution (USC) Sucks, The New Articles of Confederation (NAC) is Better: Part 3 of an Open Debate—USC 4th-8th,13th Amendments vs. NAC Article II, Section 2.9-2.24


An awful lot of stuff to go over in this one…

USC Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 NAC Article II, Section 2.9

(9) to abolish the abomination of general warrants forever, the right of the people to be secure and private in their persons, houses, papers, data, metadata, communications, and all other effects, whether invisible, intangible or otherwise, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but from a judge, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized;

NAC Article II, Section 2.10

 (10) the right of grand juries to file presentments shall not be abridged or regulated;

USC Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

NAC Article II, Section 2.11-2.15

(11) no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land, air or naval forces, or in the militia, when in actual service in time of war or public danger;

(12) no person shall be subject for the same offense to be twice put in jeopardy of life or limb;

(13) the right to remain silent shall not be violated, and shall be self-executing, being claimed merely by refusing to speak or communicate, and no person shall be compelled to be a witness against himself nor to communicate in any way;

(14) no person shall be deprived of life, liberty, or property, without due process of law;

(15) private property shall not be taken for public use;

NAC Article II, Section 2.16

(16) in all criminal prosecutions, the accused shall be presumed to be innocent, until proven beyond a reasonable doubt to be guilty, and the government shall have the burden of proof, not the accused;

USC Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

NAC Article II, Section 2.17-2.19

(17) in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;

(18) in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him;

(19) in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense, but there shall be no compulsory process for obtaining witnesses, neither for the accused nor for the prosecution, for the conscription of witnesses shall be abolished forever;

NAC Article II, Section 2.20

(20) the privilege of the writ of habeas corpus shall not be suspended;

USC Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

NAC Article II, Section 2.21

(21) in suits at common law, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of this Confederacy, than according to the rules of the common law;

USC Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

NAC Article II, Section 2.22

(22) excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

USC Amendment XIII

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

NAC Article II, Section 2.23

(23) as it is not right that any man should be in bondage one to another, except as a punishment for crime whereof the party shall have been duly convicted, slavery and involuntary servitude shall not exist within any of these United States nor within any place subject to any of their jurisdictions;

NAC Article II, Section 2.24

(24) the right of the people to nullify a law by their voice shall not be abridged;

Okay, so here I go…

NAC’s Art.II.Sec.2.9 vs. USC’s 4th Amendment

Section 2.9 restores both the intent of the 4th Amendment and corrects its deficiencies.  The intent is included as “to abolish the abomination of general warrants forever.”  Had that wording been in the 4th Amendment, we wouldn’t have general warrants today, yet as everyone should now know, they are still being issued.  Deficiency number one is corrected by the wording: “data, metadata, communications, and all other effects, whether invisible, intangible or otherwise.”  Basically, that covers everything, making absolutely no room to wiggle around the restriction.  Deficiency number two is corrected by the wording, “but from a judge”.  Requiring an unbiased judge to be the one that decides what is or is not probable cause does away with the current tyrannical practice which allows biased people to decide the same.  The NAC’s wording comes out the winner on this one.

NAC’s Art.II.Sec.2.10 vs. USC’s nothing

The USC has nothing on this.  Current practice removes the right of grand juries to file presentments.  The NAC restores it.  Why is that important?  Because grand juries have the power to root out corruption in all levels of government, by filing presentments.  Take away this right, and government corruption can thrive unchecked.  So, the NAC re-empowers grand juries, making sure that the new government established by the NAC, stays just as squeaky clean as the day it is born.  Under the NAC, government corruption can and will be targeted and destroyed by grand juries.

NAC’s Art.II.Sec.2.11-2.15 vs. USC’s 5th Amendment

Section 2.11-2.12 is almost identical to the wording in the 5th Amendment.  But Section 2.13 expands the Amendment’s wording, “nor shall be compelled in any criminal case to be a witness against himself”, into a self-executing right to remain silent.  This, then, is the Miranda right made self-executing.  It is kind of retarded to say that you must expressly state that you are going to exercise your right to remain silent before you are considered exercising your right to remain silent by remaining silent.  So the NAC corrects this lunacy.  Section 2.14 has the same wording as the 5th Amendment.  But Section 2.15 alters things quite a bit by leaving off the words, “without just compensation.”  What does this do?  It eliminates eminent domain.

NAC’s Art.II.Sec.2.16 vs. USC’s nothing

Hear about all those university students being accused and presumed to be guilty before being proven innocent?  Well, that is the future we are heading into.  That is what is being planned and worked toward.  That is what tyrants want for us.  The NAC nips this trend in the bud before it really gets going.

NAC’s Art.II.Sec.2.17-2.19 vs. USC’s 6th Amendment

Section 2.17-2.18 is more or less the same as the 6th Amendment, but Section 2.19 makes a very big change by abolishing the conscription of witnesses, for both prosecution and defense.  In effect it does the opposite that the 6th Amendment does, for the 6th Amendment allows the defense to have the same compulsory power that the prosecution has.  But, as such compulsory power is intrinsically evil, the NAC does away with this abomination altogether.  This shows, yet again, that the NAC is superior to the U.S. Constitution in every single particular.

NAC’s Art.II.Sec.2.20 vs. USC’s Art.I.Sec.9.Para.2

Article I, Section 9, Paragraph 2 of the U.S. Constitution says the following:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Section 2.20, has the same wording, but leaves off the exception.  Also, even foreigners have access to this privilege:

This Confederacy is also created to ensure that that principle of freedom, which maintains rights and privileges, which is justifiable before God, and which belongs to all mankind, be befriended, be maintained for the rights and protection of all flesh, citizens and foreigners alike, and be supported throughout the United States.

What would this do to the current practice of indefinitely detaining “illegal combatants”?  Like I previously stated on this blog, the NAC completely destroys tyranny.

NAC’s Art.II.Sec.2.21-2.23 vs. USC’s 7th, 8th and 13th Amendments

Section 2.21 is essentially the same as the 7th Amendment, except it leaves off the wording, “where the value in controversy shall exceed twenty dollars.”  Section 2.22 is precisely the same as the 8th Amendment.  Section 2.23 is essentially the same as the 13th Amendment.

NAC’s Art.II.Sec.2.24 vs. USC’s nothing

Now, this Section 2.24 is a doozy.  A DOOZY.  The right to nullify a law by the voice of the people is such a gigantic power, that this little bit here alone, once read by the powers that be, will give them nightmares and they will use every means within their power to stop the NAC from becoming the supreme law of the land.  This allows the people to nullify taxes (!) and anything else they think is wrong!  Simply put, this section says that ultimately, the people are the ones in control, and no law the majority disagrees with can oppress the people, for they have the final say in all matters.  The tyranny of the shrill minority cannot oppress the majority because of this section.

Conclusion

These sections of the NAC, (listed here and also in the first two parts of this series), contain “the constitution of the land” established by the Lord.  The constitution of the land, spoken of in the revelations, is the Bill of Rights, as I wrote 8 years ago.  (See What the Lord has said about the Constitution?)  The NAC includes the Bill of Rights, but corrects them and fully restores them, and adds other rights which fully empower the people against any and all tyranny that might show its head in the new Confederacy.  So, the installation of the NAC does not destroy the constitution of the land, but actually more fully establishes it.  The NAC, then, is essentially, a sort of new Title of Liberty.

In the next installment of this series, I will move on to Article III of the NAC.  Feel free to disagree on any point mentioned in this post.  Bring your strongest reasons against the NAC and let’s have an open debate.  And for those who like the NAC and want to install it as the Supreme Law of the land, here is my advice and prediction (and also see this comment, and this comment and this comment) :

A continual strategy of debate will install the NAC in this country and I challenge anyone to prove me wrong. I say that Americans will jump at the chance to debate the NAC and to show that the Constitution is better, but, according to the rules of the debate, they will have to read the NAC first, and once read, they will be hard pressed to defend the Constitution. Thus, everyone who hears, or watches, or reads, or participates in, a NAC debate, will become convinced that the NAC is what this country needs.

To read the other parts of this series, click any of these links:

Part 1, Part 2, Part 3, Part 4, Part 5,

Part 6, Part 7, Part 8, Part 9, Part 10,

Part 11, Part 12, Part 13.

Also see: The New Articles of Confederation (NAC) and The Right to Abolish, Revert and Replace Amendment.

Complete List of Articles authored by LDS Anarchist

The U.S. Constitution (USC) Sucks, The New Articles of Confederation (NAC) is Better: Part 2 of an Open Debate—USC 3rd & 1st Amendments vs. NAC Article II, Section 2.4-2.8


USC Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

NAC Article II, Section 2.4

(4) no person or thing shall be quartered or installed in any house without the consent of the owner, nor shall any device or technology be used to spy, eavesdrop or intrude the senses remotely upon the people;

USC Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

NAC Article II, Section 2.5-2.8

(5) there shall be no law against a man’s belief, nor any law which shall bring men on to unequal grounds, but a man shall be judged and punished only for the crimes which he has done, even for his infringement upon the rights and liberties of others;

(6) no law respecting an establishment of religion shall be made, nor any prohibiting or regulating the free practice thereof;

(7) that censorship by government and its officials upon the private sector be abolished forever, no law abridging or regulating the freedom of speech, or of the press, shall be made;

(8) the rights of the people to peaceably assemble, and to petition the government for a redress of grievances, and for redemption, shall not be abridged or regulated, and all such importunities shall be heard and investigated for merit speedily, and if found to have merit, shall be addressed according to the amount of damages which have been sustained, both of character and personal injuries, as well as real property;

NAC’s Art.II.Sec.2.4 vs. USC’s 3rd Amendment

The 3rd Amendment was to stop the government from putting eyes and ears via soldiers in the people’s houses, to learn who was pro-government and who was anti-government.  It performed its function when it was first written, but technology has outpaced its words.  The government no longer needs to put soldiers in a person’s house to find out what people are saying and doing in their homes.  They’ve got remote devices that can do this.  So, the 3d Amendment is, essentially, useless as it is currently written.  Nevertheless, the principle or reason for its existence is still very important.

Section 2.4 of the NAC Article II re-words the principle given in the 3rd Amendment, so that it actually has power to stop the government from snooping in people’s houses.  The government must, at all times, be completely in the dark as to what the heck people are saying and doing in their own homes, or how they feel or think about the government.  Remember the Zoramites?

And it came to pass that after the more popular part of the Zoramites had consulted together concerning the words which had been preached unto them, they were angry because of the word, for it did destroy their craft; therefore they would not hearken unto the words.

And they sent and gathered together throughout all the land all the people, and consulted with them concerning the words which had been spoken.

Now their rulers and their priests and their teachers did not let the people know concerning their desires; therefore they found out privily the minds of all the people.

And it came to pass that after they had found out the minds of all the people, those who were in favor of the words which had been spoken by Alma and his brethren were cast out of the land; and they were many; and they came over also into the land of Jershon.  (Alma 35:3-6)

Technology has emasculated the power of the 3rd Amendment, but Section 2.4 is fully empowered to deal with technology.  The government is shackled by it.  The Constitution fully fails on this one and the NAC comes out the clear winner.

NAC’s Art.II.Sec.2.5 vs. USC’s nothing

Under the Constitution we get hate crimes: people punished not only for their crimes, but also because they held certain beliefs while they did their crimes.  Under the NAC, we just get crimes.  The criminal can believe what he wants.  The NAC only cares about the crime.  (As should all the other laws.)  Under the NAC, there could be no such thing as a hate crime, only crime.

NAC’s Art.II.Sec.2.6 vs. USC’s 1st Amendment

There is not much difference between Section 2.6 and the 1st Amendment.  Except that the word “exercise” is replaced with the word “practice” and the word “regulated” is inserted.  And also except that those minor word changes fully stop the government from prohibiting a person from practicing their religion, or regulating that practice in any way.  You know, like the current regulation that the government does today, such as stopping Mormons from practicing their religion in taking plural wives?  So, Section 2.6 would actually allow Mormons to fully practice D&C 132, and any and all other revelatory practices that may come, such as animal sacrifice.  (Remember, that practice is supposed to be coming back as a part of the Restoration.)  Just a few minor word changes that do nothing much, except to allow God’s people to obey His commandments.

So, the Constitution fails on this one, too.

NAC’s Art.II.Sec.2.7 vs. USC’s 1st Amendment

Again, there is not much difference between Section 2.7 and the 1st Amendment, except for the addition of the words, “that censorship by government and its officials upon the private sector be abolished forever.”  Why would those additional words be so important?  Because they explain who is being prohibited.  The prohibition is not to stop the private sector from speaking their minds, nor from censoring their own privately published publications; no, it is solely to stop GOVERNMENT from censoring the private sector.  That changes everything, doesn’t it?

But, under the Constitution, and under the 1st Amendment, since the entity being prohibited is not stated there, we get all sorts of governmental powers being employed to stop people and private organizations from speaking their minds and writing what they want, or from censoring or not censoring their own publications.  So, the NAC wins again.  Under the NAC, government can’t censor the private sector in any way.  No regulation, whatsoever.  That is the NAC standard.  It shackles the government and frees the people.  People then, are free to censor their own publications, and also to speak their minds, even if it is against the government.  Now, that is true freedom.  The Constitution fails and the NAC wins.  Again.

NAC’s Art.II.Sec.2.8 vs. USC’s 1st Amendment

Section 2.8 adds a whole bunch of words that basically expand the right to petition into a right to get the government to actually do something, if the petition has merit.  Under the 1st Amendment, sure, you can petition all you want, but the government doesn’t have to do a darn thing.  Not even do an investigation.  Which would you prefer?  A right to merely petition, or a right to petition and get an investigation started, and if there is merit, get something done?  The Constitution fails, yet again.

In conclusion

The list of rights given in Section 2.4-2.8 covers government snooping, government attaching additional penalties to crimes because of a criminal’s belief, government stopping people from practicing their religion, government censorship, and government not correcting grievances.  This NAC section takes these issues and fully deals with them.  The Constitution does not.

Both this post and the previous one prove that the U.S. Constitution is insufficient to deal with the tyrants currently ruling over America today.  And what does the Lord say about when the wicked rule?

I, the Lord God, make you free, therefore ye are free indeed; and the law also maketh you free. Nevertheless, when the wicked rule the people mourn.  (D&C 98:8-9)

The NAC, on the other hand, both empowers the people with their full rights, and also shackles the government, much more fully than the Bill of Rights does.  The Bill of Rights was added to the Constitution as an after thought.  The nationalists that wrote the Constitution were against the Bill of Rights.  They didn’t think one was needed.  But the federalists won the day and got these governmental restrictions added.  Thank the Lord that they did.  But the Bill of Rights, as good as they are, are still not good enough.  They are mere abridgments of the full rights of man.  The NAC  corrects this deficiency and lists the full rights.  This allows the government to be fully shackled, so that tyranny cannot even get a toe in.  The NAC is one of those laws that the Lord referred to, which makes the people free.  It is superior to the Constitution because, under the NAC, there can be no rulers, only servants.  Thus, there can be no wicked ruling under the NAC.

I will go over other NAC sections in future posts.  Feel free to disagree on any point mentioned in this post.  Bring your strongest reasons against the NAC and let’s have an open debate.  And for those who like the NAC and want to install it as the Supreme Law of the land, here is my advice and prediction (and also see this comment, and this comment and this comment) :

A continual strategy of debate will install the NAC in this country and I challenge anyone to prove me wrong. I say that Americans will jump at the chance to debate the NAC and to show that the Constitution is better, but, according to the rules of the debate, they will have to read the NAC first, and once read, they will be hard pressed to defend the Constitution. Thus, everyone who hears, or watches, or reads, or participates in, a NAC debate, will become convinced that the NAC is what this country needs.

To read the other parts of this series, click any of these links:

Part 1, Part 2, Part 3, Part 4, Part 5,

Part 6, Part 7, Part 8, Part 9, Part 10,

Part 11, Part 12, Part 13.

Also see: The New Articles of Confederation (NAC) and The Right to Abolish, Revert and Replace Amendment.

Complete List of Articles authored by LDS Anarchist

The doctrine against dissent


I say unto you, be one; and if ye are not one ye are not mine. (D&C 38:27)

Unity is required of the saints

We are commanded to “be one” (D&C 51:9) in Christ, even “as [Jesus is] one in the Father” (D&C 35:2), for the gospel principle of unity is patterned after the Father, Son and Holy Ghost, “which is one Eternal God” (Alma 11:44). The required oneness is to “be perfect” (2 Cor. 13:11), the saints being commanded to be “of one mind” (1 Pet. 3:8), “of one heart and of one soul” (Acts 4:32), “of one accord” (Philip. 2:2), of “one faith and one baptism, having their hearts knit together in unity” (Mosiah 18:21), as “one body in Christ” (Rom. 12:5), being “united in all things” (2 Ne. 1:21) and “united in mighty prayer and fasting” (3 Ne. 27:1).

The “one body in Christ” refers to the church of God, meaning that the saints have a “duty to unite with the true church” (D&C 23:7), to worship as a group and “agree upon [God’s] word” (D&C 41:2). This is a physical gathering of saints in which they are to “meet together often” (D&C 20:55,75).

Just as the resurrection of the dead will dress the naked spirits again, restoring the body “unto its perfect frame, bone to his bone, and the sinews and the flesh upon them, the spirit and the body to be united never again to be divided, that they might receive a fulness of joy” (D&C 138:17), so the physically gathered church, or corporate body of the church, is designed to never be divided into schisms, so that it becomes “a whole and complete and perfect union” (D&C 128:18).

Such unity is only to be of like things, thus the saints have been taught by Paul “that a believer should not be united to an unbeliever” (D&C 74:5) and every man of the church has been commanded by the Lord to “be alike among this people, and receive alike” (D&C 51:9).

The commandment to be one makes dissenting behavior a sin

There are nine instances of the word dissent in the scriptures, all of which occur in the Book of Mormon. The word never appears as a noun, only as a verb. It is also always portrayed as a sin.

For the modern reader, using modern dictionaries, the idea of dissenting behavior being a sin makes no sense, whatsoever. A review of the modern definitions and the definitions at the time of the publication of the Book of Mormon (taken from Webster’s 1828 Dictionary) will quickly show why there is so much confusion on this issue.

According to the modern definition of the intransitive verb to dissent, it means “to withhold assent” or “to differ in opinion.” (Assent means “an act of agreeing to something especially after thoughtful consideration : an act of assenting : acquiescence, agreement”.) The verb has no religious connotation, however if we look at the noun dissent, we find that although it can be used generally to mean a “difference of opinion”, it also can be used more specifically to mean either “religious nonconformity,” “a justice’s nonconcurrence with a decision of the majority,” or “political opposition to a government or its policies.”

The current religious meaning (“religious nonconformity”) is a nonspecific version of what the word used to mean during the times of Joseph Smith. In Joseph’s time, to religiously dissent specifically meant “to differ from an established church, in regard to doctrines, rites or government.”

So, for example, if all the men who attend my ward dress in white shirts and ties (not because of church doctrines, rites or government, but just because that is the customary attire) and I attend wearing a blue shirt with no tie, I am guilty of nonconformity (and some might call it religious nonconformity since it is nonconformity to a custom that occurs in a religious setting), but not guilty of differing from the established doctrines, rites or government of my ward, for none of that gives a dress code for attending the ward. Dissent in the modern sense could be any religious nonconformity, regardless of how insignificant it is, whereas dissenting behavior in Joseph’s time specifically meant nonconformity to the doctrines, rites or government of an established church.

No one can righteously dissent from the true church of God

The scriptures brought forth by Joseph Smith teach that dissenting behavior is a sin, but this must be understood by the definition used in Joseph’s time. Here are all nine instances in which the word dissent is used in the scriptures, all of which are found only in the Book of Mormon:

And the people of Ammon did give unto the Nephites a large portion of their substance to support their armies; and thus the Nephites were compelled, alone, to withstand against the Lamanites, who were a compound of Laman and Lemuel, and the sons of Ishmael, and all those who had dissented from the Nephites, who were Amalekites and Zoramites, and the descendants of the priests of Noah. (Alma 43:13)

And there were many in the church who believed in the flattering words of Amalickiah, therefore they dissented even from the church; and thus were the affairs of the people of Nephi exceedingly precarious and dangerous, notwithstanding their great victory which they had had over the Lamanites, and their great rejoicings which they had had because of their deliverance by the hand of the Lord. (Alma 46:7)

And now who knoweth but what the remnant of the seed of Joseph, which shall perish as his garment, are those who have dissented from us? Yea, and even it shall be ourselves if we do not stand fast in the faith of Christ.

And now it came to pass that when Moroni had said these words he went forth, and also sent forth in all the parts of the land where there were dissensions, and gathered together all the people who were desirous to maintain their liberty, to stand against Amalickiah and those who had dissented, who were called Amalickiahites. (Alma 46:27-28)

Nevertheless, they could not suffer to lay down their lives, that their wives and their children should be massacred by the barbarous cruelty of those who were once their brethren, yea, and had dissented from their church, and had left them and had gone to destroy them by joining the Lamanites. (Alma 48:24)

Behold, can you suppose that the Lord will spare you and come out in judgment against the Lamanites, when it is the tradition of their fathers that has caused their hatred, yea, and it has been redoubled by those who have dissented from us, while your iniquity is for the cause of your love of glory and the vain things of the world? (Alma 60:32)

And I write this epistle unto you, Lachoneus, and I hope that ye will deliver up your lands and your possessions, without the shedding of blood, that this my people may recover their rights and government, who have dissented away from you because of your wickedness in retaining from them their rights of government, and except ye do this, I will avenge their wrongs. I am Giddianhi.

And now it came to pass when Lachoneus received this epistle he was exceedingly astonished, because of the boldness of Giddianhi demanding the possession of the land of the Nephites, and also of threatening the people and avenging the wrongs of those that had received no wrong, save it were they had wronged themselves by dissenting away unto those wicked and abominable robbers. (3 Ne. 3:10-11)

Now there was one among them who was a Nephite by birth, who had once belonged to the church of God but had dissented from them. (Hel. 5:35)

All dissenters from the true church of God are sinners

According to our modern dictionaries, a dissenter is “one that dissents”, and since we know what it means to religiously dissent, that means that a religious dissenter is one that does not religiously conform. But in the time of Joseph Smith, a dissenter was “one who separates from the service and worship of any established church.”

The words dissent and dissenters, as found in the standard works, carry the meanings the words had during the time of Joseph Smith. So, when we read in the Book of Mormon that there were people in the church who dissented, it doesn’t mean that there was a difference of opinion or general religious nonconformity, but that those who dissented were advocating a change in the church’s doctrines, rites or government. And when we read of dissenters from the church in the same record, it does not mean that they were just people who had a difference of opinion, but that they were people who had separated from the church and had begun performing worship services that were different from those of the church.

Unbelief is the cause of dissenting behavior

Now it came to pass that there were many of the rising generation that could not understand the words of king Benjamin, being little children at the time he spake unto his people; and they did not believe the tradition of their fathers. They did not believe what had been said concerning the resurrection of the dead, neither did they believe concerning the coming of Christ.

And now because of their unbelief they could not understand the word of God; and their hearts were hardened. And they would not be baptized; neither would they join the church. And they were a separate people as to their faith, and remained so ever after, even in their carnal and sinful state; for they would not call upon the Lord their God. (Mosiah 26:1-4)

Although the above scripture speaks of non-members who never ended up joining the church, the dissenting process is the same for members of God’s church. Any believing member who chooses to begin to doubt the word of God will begin to dissent in his heart, meaning that he will begin to desire that the doctrines, rites and/or government of the church of God be changed (in conformity with his new belief system). This state of heart, in which the man spiritually separates himself from those who choose to not doubt the word of God, can lead to contention and disputations, and if not resolved by a restoration of belief (through repentance), ultimately will end in the member becoming a dissenter, so that he now physically separates from the body of the church and engages in worship services of another church or belief system. The Zoramites present a prime example of this process:

And it came to pass that as he [Korihor] went forth among the people, yea, among a people who had separated themselves from the Nephites and called themselves Zoramites, being led by a man whose name was Zoram—and as he went forth amongst them, behold, he was run upon and trodden down, even until he was dead. (Alma 30:59)

Now it came to pass that after the end of Korihor, Alma having received tidings that the Zoramites were perverting the ways of the Lord, and that Zoram, who was their leader, was leading the hearts of the people to bow down to dumb idols, his heart again began to sicken because of the iniquity of the people. (Alma 31:1)

Now the Zoramites were dissenters from the Nephites; therefore they had had the word of God preached unto them. But they had fallen into great errors, for they would not observe to keep the commandments of God, and his statutes, according to the law of Moses. Neither would they observe the performances of the church, to continue in prayer and supplication to God daily, that they might not enter into temptation. Yea, in fine, they did pervert the ways of the Lord in very many instances; therefore, for this cause, Alma and his brethren went into the land to preach the word unto them. (Alma 31:8-11)

We see from this that Zoramite dissenters had separated themselves from both the church of God and also the Nephite nation itself, creating a new religion which rejected the established doctrines, rites and government of God. This separation occurred because they stopped believing in the things of God, as taught and practiced by God’s church:

Holy God, we believe that thou hast separated us from our brethren; and we do not believe in the tradition of our brethren, which was handed down to them by the childishness of their fathers; but we believe that thou hast elected us to be thy holy children; and also thou hast made it known unto us that there shall be no Christ. (Alma 31:16)

All dissenters from the church of God make the same claim: that the church of God is apostate and thus its doctrines, rites or government must be modified in order to bring it back into God’s good graces. This claim may be made because the church does not sufficiently change with the times or it may be made because the church has made a change that the dissenters feel was not authorized by God. When the saints of God inevitably refuse to permit the dissenters from altering God’s current callings, laws and ordinances to conform to a more modern philosophy or to a more ancient or earlier practice, the dissenters separate and do their own thing, becoming a law unto themselves.

Now, from the perspective of the church body, to dissent is to advocate heresy and thus a dissenter is an apostate heretic (someone who advocates heresy and has separated from the church), whereas from the perspective of the dissenter, the church is too corrupt (apostate) to improve and thus must be abandoned and perhaps even actively criticized and fought.

We see from this that both sides make, essentially, the same claim: that the other party is in error and refuses to be corrected.

Unrepentant dissenters must be silenced and cut off

Unbelief is an infectious plague, that if left unchecked will affect the entire church body, causing both spiritual and temporal destruction to come upon the church. Spiritual destruction happens because unbelief and dissenting behavior are sins, thus subjecting the man to the devil’s power and captivation. And temporal destruction happens because the church body no longer qualifies for temporal deliverance from the Lord, which requires unity.

Because of these real dangers to the church, when a dissenting voice is heard among the church, it must be silenced as soon as possible. Thus we read,

And it came to pass that after there had been false Christs, and their mouths had been shut, and they punished according to their crimes; and after there had been false prophets, and false preachers and teachers among the people, and all these having been punished according to their crimes (WoM 1:15-16)

False Christs, false prophets, false preachers and false teachers cause people to doubt the word of God, creating dissenting behavior, which could grow into church schisms, in which people become dissenters, separating from the church of God. There are three valid (authorized) ways that men of God use to silence dissenting voices.

And there were no contentions, save it were a few that began to preach, endeavoring to prove by the scriptures that it was no more expedient to observe the law of Moses. Now in this thing they did err, having not understood the scriptures. But it came to pass that they soon became converted, and were convinced of the error which they were in, for it was made known unto them that the law was not yet fulfilled, and that it must be fulfilled in every whit; yea, the word came unto them that it must be fulfilled; yea, that one jot or tittle should not pass away till it should all be fulfilled; therefore in this same year were they brought to a knowledge of their error and did confess their faults. (3 Nephi 1:24-25)

So, the first way to silence false ideas and teachings is to have the high priests correct the errors, showing them their faults, so that such people repent of their sins and turn from their errors and become, again, converted to the true faith and doctrines and rites and government of God, confessing their faults. This first step allows people who made honest, doctrinal mistakes to self-correct and remain in safety with the body of the saints.

If, however, the false teachers do not repent, but persist in their dissenting behavior, endeavoring to preach and teach the same errors (heresies) to other members of the church, the high priests are required to shut their mouths by cutting them off from the church. Although the now non-member is free to preach as he sees fit to the members, excommunication removes his legitimacy in the eyes of the body, so that they may more readily see that the false teacher is in error, and thus should not be listened to.

Repentance, disfellowship or excommunication

In the modern church of God, the saints have been give three ways to deal with dissenting behavior: the leadership can correct the errors and those who dissent can repent and be restored to full fellowship, or, if the dissenter needs more time to repent and come to a proper understanding of the word of God, he may be disfellowshipped, so that he is not permitted to teach false doctrine to the church, until such time as he fully repents and becomes, again, a believer in God’s word, understanding it by the Spirit. Disfellowship really is for those who are still confused over the word of God, but who desire to come to an understanding that allows them to remain with the church. The last way is excommunication, which is for dissenters who refuse to repent or even acknowledge that they have done anything wrong.

The door is left open to return to the flock

Jesus told His twelve disciples, concerning the member of the church that was unworthy of partaking of the sacrament, because of transgression,

But if he repent not he shall not be numbered among my people, that he may not destroy my people, for behold I know my sheep, and they are numbered. Nevertheless, ye shall not cast him out of your synagogues, or your places of worship, for unto such shall ye continue to minister; for ye know not but what they will return and repent, and come unto me with full purpose of heart, and I shall heal them; and ye shall be the means of bringing salvation unto them. Therefore, keep these sayings which I have commanded you that ye come not under condemnation; for wo unto him whom the Father condemneth. (3 Nephi 18:31-33)

Excommunication, then, is a true principle of the gospel, one which must be performed on all those church members who do not repent of their sins after they have been admonished of them. Following this commandment keeps those who are in charge of regulating the church justified before the Lord, and also keeps the flock safer from the effects of false teachings and bad examples, which effects or fruit is spiritual and temporal destruction. The commandment to excommunicate unrepentant sinners was also given to the modern church, with the same promise of justification for the leadership if they obey the same.

And him that repenteth not of his sins, and confesseth them not, ye shall bring before the church, and do with him as the scripture saith unto you, either by commandment or by revelation. And this ye shall do that God may be glorified—not because ye forgive not, having not compassion, but that ye may be justified in the eyes of the law, that ye may not offend him who is your lawgiver—verily I say, for this cause ye shall do these things. (D&C 64:12-14)

So, even if the judges (who are charged to judge whether the sinner will remain in the church) forgive the man who refuses to repent of his sins, and would rather release him without any discipline applied, doing so would break the commandment given to the leadership, of excommunicating (cutting off) unrepentant sinners. The only way to remain justified before the Lord is to obey the commandment and cut off all those who refuse to repent, regardless of what the sin is.

Nevertheless, after being cut off, they (the leadership) must keep an open door policy, allowing the dissenters who repent of their sins to come back into the fold.

A difference of opinion does not constitute dissenting behavior

Scriptural dissenting behavior deals only with church doctrines, rites and government. Some people, though, cannot differentiate between scriptural dissenting behavior and the modern, generic definition of dissent, which merely means “a difference of opinion.” So any censuring they see, of any kind, is viewed as morally wrong, a violation of one’s right to free speech, as put down in the First Amendment.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The problem with that view, is that a church is not a public institution, but a private one, and like all private institutions, it has certain rules which its membership is expected to obey.

We believe that all religious societies have a right to deal with their members for disorderly conduct, according to the rules and regulations of such societies; provided that such dealings be for fellowship and good standing; but we do not believe that any religious society has authority to try men on the right of property or life, to take from them this world’s goods, or to put them in jeopardy of either life or limb, or to inflict any physical punishment upon them. They can only excommunicate them from their society, and withdraw from them their fellowship. (D&C 134:10)

A case in point: Korihor

In December of 2011, I wrote on the Times and Seasons blog the following:

Korihor was not a religious freedom advocate battling an oppressive central government.

Korihor was a liar couching his lies under the guise of belief. He did this because liars were punished, it being against the law to lie (see Alma 1:16-17.) So, he pretended to preach according to his belief. Everyone who heard him preach, knew he was lying, for he told blatant lies (see Alma 30:35) but pretended it was merely his belief. He was repeatedly bound and taken before the authorities because it was obvious to everyone that he was breaking the law by lying, but no one knew what to do with him because of his stubbornness in always couching it in belief, for the law had no hold upon anyone for their belief. In other words, atheists had freedom in their society, but not pretended atheists, only people who truly believed that there was no God. Korihor, though, from his speech, revealed himself to be a liar and showed that his intention was to merely deceive the people.

Now the text clearly shows that this was Korihor’s crime: lies. Repeatedly when questioned by Alma, the topic of lies is brought up. He is on trial for lying, or intentionally deceiving people, which was a punishable crime among them. The people of Ammon, who first bound him, “were more wise” (Alma 30:20) than those at Zarahemla because they were more righteous. The Nephites at Zarahemla could see that he was a liar and deceiver, but they just let him go about breaking the law and deceiving the people. Not so with the Lamanite people of Ammon.

Again, Korihor was bound and sent up to the authorities with testimony of his lies, for there must be witnesses. Nevertheless, they couldn’t do anything to him because he pretended he was entitled to his own beliefs, therefore, he was, each time, set free, outside of the lands that he preached among, until he finally came to Alma, who, through the power of God, put a stop to his destructive work of lies.

I could have worded that a bit better than I did, but it’s good enough for the point I am trying to make, which is that once you break the laws of a society, whether it is a public society like the Nephites or a private society like the church of God, you become subject to whatever penalty is attached to that broken law. In the case of religious dissenting behavior and dissenters, freedom of speech or of the press is allowed only insofar as you do not transgress the laws of God by your speech or writings. Once you are found promoting wickedness or falsehoods by your spoken or written words, the church has jurisdiction over you and also a responsibility to censure you (to shut your mouth) in the prescribed, scriptural manner (correction and repentance, disfellowship or excommunication). In public society, freedom of speech or of the press does not grant you the right to commit slander or libel.

What saints do when unrepentant sinners are around

We are free, then, to use our agency to do good, but when we use it to commit evil by our speech and the words we write, we come under condemnation of God and it is every saint’s duty to denounce and resist all the evils that are observed by them. This is why the witnesses came forth during the first trial of the original Mormon church:

And now in the reign of Mosiah they [the unbelievers] were not half so numerous as the people of God; but because of the dissensions among the brethren they became more numerous.

For it came to pass that they did deceive many with their flattering words, who were in the church, and did cause them to commit many sins; therefore it became expedient that those who committed sin, that were in the church, should be admonished by the church.

And it came to pass that they were brought before the priests, and delivered up unto the priests by the teachers; and the priests brought them before Alma, who was the high priest.

Now king Mosiah had given Alma the authority over the church.

And it came to pass that Alma did not know concerning them; but there were many witnesses against them; yea, the people stood and testified of their iniquity in abundance. (Mosiah 26:5-9)

Now, I will unfold this saintly duty and peculiarity a little farther down in this post, as it cannot be overemphasized.

Pahoran wrote:

Therefore, my beloved brother, Moroni, let us resist evil, and whatsoever evil we cannot resist with our words, yea, such as rebellions and dissensions, let us resist them with our swords, that we may retain our freedom, that we may rejoice in the great privilege of our church, and in the cause of our Redeemer and our God. (Alma 61:14)

But Jesus commanded:

But I say unto you, that ye shall not resist evil, but whosoever shall smite thee on thy right cheek, turn to him the other also (3 Ne. 12:39)

Which instructions are the saints of God supposed to obey? Both. (I only mention this in case some commenter says, “But Jesus said to not resist evil! So Pahoran was wrong!”) I will not explain this seeming contradiction as that is not the topic of this post. Just suffice it to say that a saint typically does not shut his mouth at iniquity, unless the Holy Ghost constrains him not to speak.

The following instructions were given to saints:

And if thy brother or sister offend thee, thou shalt take him or her between him or her and thee alone; and if he or she confess thou shalt be reconciled.

And if he or she confess not thou shalt deliver him or her up unto the church, not to the members, but to the elders. And it shall be done in a meeting, and that not before the world.

And if thy brother or sister offend many, he or she shall be chastened before many.

And if any one offend openly, he or she shall be rebuked openly, that he or she may be ashamed. And if he or she confess not, he or she shall be delivered up unto the law of God.

If any shall offend in secret, he or she shall be rebuked in secret, that he or she may have opportunity to confess in secret to him or her whom he or she has offended, and to God, that the church may not speak reproachfully of him or her.

And thus shall ye conduct in all things. (D&C 42:88-93)

Who does the chastening? Who does the rebuking? Who determines who has offended publicly or in secret? Who delivers the unrepentant sinners to the law of God? The saints do. More on this later.

Re: those who learn and obey the whats only if the whys suit them

And we will prove them herewith, to see if they will do all things whatsoever the Lord their God shall command them (Abr. 3:25)

Doing all things that the Lord commands includes bridling the tongue (see James 3), which means that the spoken and written word must likewise be put under gospel constraints. Intentionally false (heretical) teachings, then, break the commandments.

Some people in the church say that mortality is a school to learn the things of God, as if it were knowledge that saved us. They emphasize that we ought not to be blindly obedient, but ought to obey rationally, with understanding of why we are commanded to do whatever it is we are commanded to do. They are more concerned with the why than with the what.

Such people, if they cannot understand the reason behind a commandment or doctrine, may end up openly questioning its divinity. In other words, they may start to propose a theory that the doctrine or commandment has a non-divine source and begin to teach it among the people. If confronted by a saint and told that the alternate teaching is heretical, the proponent may do as Korihor and say it is merely a belief or a hypothesis which may or may not be true, and that there is no harm in questioning things which may be false. In other words, he or she will claim, like Korihor, that this is not a teaching, but just an interesting idea: to consider that a doctrine or commandment or teaching of the church is man-made and not divinely given.

Ye say that those ancient prophecies are true. Behold, I say that ye do not know that they are true….And ye also say that Christ shall come. But behold, I say that ye do not know that there shall be a Christ…I do not deny the existence of a God, but I do not believe that there is a God; and I say also, that ye do not know that there is a God; and except ye show me a sign, I will not believe. (Alma 30:24,26,48)

Such heresies come from putting knowledge before faith and requiring that one know and understand something before one will believe it to be true.

Although it is true that man is here to learn, he is only here to learn obedience to God.

And my people must needs be chastened until they learn obedience, if it must needs be, by the things which they suffer. (D&C 105:6)

Though he were a Son, yet learned he obedience by the things which he suffered (Heb. 5:8)

Separating goats from sheep is a gospel principle based on obedience

Obedience to the whats, not knowledge of the whys, is the deciding factor in determining where we go.

and they who keep not their first estate shall not have glory in the same kingdom with those who keep their first estate (Abr. 3:26)

So God separates those who keep His commandments from those who don’t, and puts them into separate kingdoms. This is why the church is charged with excommunicating all those who do not repent of their sins. This separation, or division, is based upon the heavenly pattern. Just as there was a separation in heaven between the 1/3 and the 2/3, and the 1/3 were cast out, so here on earth more separation is commanded to occur, for those who transgress the law of God and do not repent.

But there is a law given, and a punishment affixed, and a repentance granted (Alma 42:22)

Once you break the law, the punishment is not immediately inflicted, but you are granted a space to repent, resulting in two sets of commandments. The first commandment is to keep the law, which, if you disobey, you then get a second commandment, which is to repent. Only when you refuse to take advantage of repentance and the atonement, does the law require that you be cut off from the church by excommunication.

Cutting off the people by excommunication furthers the work of division that the Savior spoke of.

Think not that I am come to send peace on earth: I came not to send peace, but a sword. (Matt. 10:34)

Jesus gathers his elect into one body and then uses his sword to divide the sheep from the goats, and the wheat from the tares, pruning the body from time to time as fruit withers upon the branch, showing its true nature. In other words, the gospel net draws all sorts of fish into the church, and then it gets sorted, according to what type of fish it shows itself to be. If a man appears to be a sheep, or wheat, or good fish or fruit, he is to remain with the saints, but if he shows himself as a goat, a tare, rotten fruit or spoiled fish, he is to be cast out. The test of goathood, or tarehood, or rottenness is two-fold: does the man obey the commandments? If yes, he stays. If no, does he repent of his sins? If yes, he stays. If no, he must be cast off.

Pruning (excommunication) is to take place on an as needed basis, in order that the gospel tree does not perish.

Church trials

Before anyone can be excommunicated in this church, they must first be tried for their membership. As everyone is considered innocent before being proven guilty, the Lord has given in His scriptures the divine pattern of church trials and courts.

There are three types of church courts or trials that the scriptures speak of, and six types of judges.  The pattern is designed around checks and balances, in order that power is not concentrated in the hands of any one person or group and so that everyone who is accused has a fair, balanced trial, in which everyone’s rights are upheld.

The six types of judges

The witnesses

Two or three (or more) church members in good standing become judges when they act as witnesses. This is the law of witnesses and it is based upon the righteousness and holiness of a saint. It is the saints who will judge the nations and all things pertaining to Zion, for they are sanctified (holy) and are duly qualified to determine whether someone has transgressed.

The bishop

The bishop judges the good standing of the membership, and thus the saints, because a bishop is to receive an accounting of everyone’s stewardship.

The two elders

The two elders judge the case laid before them by the two or three (or more) saintly witnesses, the bishop attesting to their good standing. If there are sufficient witnesses, the two elders judge whether the accused has confessed and repented. If the accused refuses, then the elders pass judgment upon the accused, as required by the scriptures.

The church congregation

After the two elders come to a guilty verdict, they must lay the case before the congregation, which then must take a vote to sustain the action or oppose it. If the majority agrees, the decision is ratified and valid and the accused is excommunicated. If the majority disagrees, no action is taken. The congregation, then, judges the decision of the two elders, and decides whether it was correct or not.

The stake president

The stake president, like the two elders, judges the case laid before him by the witnesses and makes a decision concerning which party is right or whether both are wrong.

The high council

The twelve high council members vote to ratify (make valid) the decision of the president. If a majority does not agree with his decision, it does not go through.

The three types of church courts or councils

Bishop’s court or council

The bishop is to receive an accounting of everyone’s stewardship and is to know who is consecrating properties and moneys, or donating funds as tithing or fast offerings, etc., to the Lord. This gives him a unique perspective into who is and is not a wise and just steward. Nevertheless, his judgment and jurisdiction are not independent but only activate with just testimony.

And whoso standeth in this mission is appointed to be a judge in Israel, like as it was in ancient days, to divide the lands of the heritage of God unto his children; and to judge his people by the testimony of the just, and by the assistance of his counselors, according to the laws of the kingdom which are given by the prophets of God. (D&C 58:17-18)

And it shall come to pass, that after they are laid before the bishop of my church, and after that he has received these testimonies concerning the consecration of the properties of my church (D&C 42:32)

And also to be a judge in Israel, to do the business of the church, to sit in judgment upon transgressors upon testimony as it shall be laid before him according to the laws, by the assistance of his counselors, whom he has chosen or will choose among the elders of the church. (D&C 107:72)

Because of this, a sinner who confesses to a bishop cannot be tried by the bishop, nor his testimony used against him, because the testimony is of a sinner, not a saint. In other words, only the testimony of the just (someone who hasn’t broken the laws) can be used in trials. Nevertheless, with just testimony, the bishop and bishopric are authorized to judge only whether someone is in good standing or not, and is contributing to the upkeep of the poor and the kingdom. In other words, the bishop’s jurisdiction deals primarily in temporal matters.

Elder’s court or council

The elders’ jurisdiction to judge is activated by witnesses coming forth and testifying of the wickedness of some member. The bishop, if available, is required to be present that he may attest to the good standing of the witnesses. If two witnesses in good standing testify against a member, that is sufficient to condemn. If there is no confession and repentance afterward, the elders must lay it before the members, to ratify the excommunication. The elder’s council is designed to be used for matters of transgression only, to try a person for his or her membership.

High priests’ court or council

This court, known as a high council, is to settle difficult and important matters, and like the other courts, only receives jurisdiction when two or more saints testify as witnesses. For example, if there is a property dispute, one saying that his property line extends 15 feet down the hill and his neighbor saying that it only extends 10 feet, the high council can be used to address these matters, if there are sufficient witnesses.

Scriptural patterns are no longer followed

The above are the scriptural patterns, which are no longer precisely followed. For example, the elder’s council has been completely done away with. Instead, the high council now tries the men of the church who have had Melchizedek priesthood conferred on them, and the bishopric tries everyone else, for membership. Nothing outside of transgression is brought to trial anymore. You can’t take a property dispute to the church courts and receive a judgment. Instead, everyone is told to settle the matter amongst themselves, or to use the man-made court system.

The checks and balances that were present in the three-court pattern have been removed and power has been concentrated into fewer and fewer hands. Many of the rights guaranteed to all the members have been weakened or altogether removed. If we compare the scripturally revealed pattern of church courts with today’s current practice, it can plainly be seen that today’s practice and procedure makes the word of God, as written in the scriptures, of none effect, effectively removing the justice that was inherent in the original pattern. In other words, the current church court system is no longer based upon just principles, but is corrupt.

Church courts and the rights of a member

Disfellowship and excommunication is to occur in the church according to prescribed laws given of God in the scriptures. The procedure itself is divine and designed to preserve the rights of every accused member in the church, that justice prevail at all times. As I explained in another post, the Bill of Rights may be used in a church setting to protect one’s rights:

Because the Lord has approved of, or justified, the Bill of Rights, latter-day saints are fully authorized to include it as part of their scriptural canon. This is not to say that it is scripture, for it was not written by the power of the Holy Ghost, nor does it contain the revealed words of God, nevertheless, as an inspired and approved writing, it may be used to defend or safeguard one’s rights in a church setting.

The Fifth Amendment says,

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The twelve high councilors are, essentially, a type of grand jury, charged with investigating the merits of any accusations, witnesses and evidence. Their duty is to judge whatever is presented to them according to the canonized word of God. Church courts, then, were intended by God to incorporate this principle.

An accused latter-day saint cannot be a witness against himself because according to the law of God, only church members in good standing can act as witnesses. A confession, then, is insufficient to convict. Church courts, as detailed in the scriptures, cannot use someone’s confessed testimony as evidence against them, yet that is exactly what is done today by the church bishops, and also for high councils (disciplinary councils), if the accused allows the testimony into evidence. Such practices are completely at odds with the word of God.

The Wikipedia says this about due process:

Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Typically, “Due process” means 1) NOTICE, generally written, but some courts have determined, in rare circumstances, other types of notice suffice. Notice should provide sufficient detail to fully inform the individual of the decision or activity that will have an effect on his/her rights or property or person. 2) right to GRIEVE (that being the right to complain or to disagree with the governmental actor/entity which has decision making authority) and 3) the right to APPEAL if not satisfied with the outcome of the grievance procedure. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.

The church court system is supposed to incorporate the principals of due process, requiring notice, granting a right to grieve and also to appeal. Current practice has kept these safeguards more or less intact. Now let’s turn to the Sixth Amendment.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

All of these principles are supposed to be incorporated into church courts. The trials are supposed to be speedy and are supposed to be public (when they are presented to the church congregation for a sustaining or opposing vote, which no longer happens). The jury, which is the 12 high councilors, are supposed to be impartial, which is often no longer the case. The accused is to be tried locally, in his branch, ward or stake, where the sins were allegedly committed. (Trials are still local, but accusations may come from outside of the branch, ward or stake, such as from Salt Lake.) The accused is to be informed of the nature and cause of the accusation. (This still happens.) The witnesses are to testify in front of the accused during the trial. (The law of witnesses, to my knowledge, has been almost completely phased out.) The accused has the right to call witnesses in his favor. (This is still allowed.) And lastly, one half of the high councilors that speak are to be the advocates of the accused. (This no longer happens.)

There is also the Seventh Amendment:

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

All high councils were designed to be, in fact, trials by jury, requiring a ratification vote by the high councilors to validate the president’s decision. This is no longer the case. In current practice, the stake president can convict regardless of what the other men say about the case. Therefore, the right to trial by jury has been denied to the saints. But this right is found in the scriptural pattern, like the others listed above.

So, we see from this that the church court system, as detailed in the revelations, incorporates many of the same principles found in the Bill of Rights.

D&C 42 and D&C 102

The patterns of the two main court (trial) systems, the elders’ council and the high council, are given in D&C 42 and 102.

D&C 42:78-93

Section 42 gives the pattern for the elders’ council, which dealt specifically with transgression, beginning with verse 78 through verse 93.

Verse 78 states that every church member must obey the church commandments and keep their church covenants.

And again, every person who belongeth to this church of Christ, shall observe to keep all the commandments and covenants of the church.  (D&C 42:78)

Now, that is the standard (obeying commandments and keeping covenants). But what does the church do if it transgresses? The previous section (41) said the following, but did not give the procedure for how one should be cast out or judged unworthy:

He that receiveth my law and doeth it, the same is my disciple; and he that saith he receiveth it and doeth it not, the same is not my disciple, and shall be cast out from among you; for it is not meet that the things which belong to the children of the kingdom should be given to them that are not worthy, or to dogs, or the pearls to be cast before swine. (D&C 41:5-6)

So, the rest of section 42 gives instructions on what the church should do when someone transgresses, or how to go about casting him or her off. We learn in verses 80-82 that when there is transgression in the church, the transgressors are to be tried in a church court trial before two elders of the church, and that if there are two church witnesses, that the accused shall be (not may be) condemned, and that after condemnation the congregation is to be informed of the case and of the decision and they are to vote on the matter by the raising of their hands, the Lord expecting them to uphold the decision and testimony of the witnesses:

And if any man or woman shall commit adultery, he or she shall be tried before two elders of the church, or more, and every word shall be established against him or her by two witnesses of the church, and not of the enemy; but if there are more than two witnesses it is better. But he or she shall be condemned by the mouth of two witnesses; and the elders shall lay the case before the church, and the church shall lift up their hands against him or her, that they may be dealt with according to the law of God. And if it can be, it is necessary that the bishop be present also.  (D&C 42:80-82)

We also learn that the bishop needs to be present, if possible.

The next verse (83) basically says that verses 80-82 is the pattern for all church trials for membership.

And thus ye shall do in all cases which shall come before you.  (D&C 42:83)

Verses 79-87 give the pattern for dealing with transgression in the church as follows: if a man breaks a law of the land, he is to be delivered up unto the law of the land, and if he breaks the law of God, he is to be tried in a church court.

Verses 88-89 explain that no member is to be tried in a church court unless he has offended someone and been confronted and rebuked and has refused to confess, repent and be reconciled. Also, that the first part of the trial is to take place in a private meeting with the elders, so that the accused has an opportunity to confess, repent and seek reconciliation, avoiding any judgment and embarrassment in front of the congregation. The second part of the trial (in front of the congregation) only takes place if the accused refuses to repent.

Verses 90-92 explain that public or open offenses require public or open rebuking, while secret offenses require secret rebuking.

Lastly, verse 93 says that this is the pattern in all things for behavior concerning rebuking, chastisement, offenses, confession, repenting, reconciliation, and church trials.

And thus shall ye conduct in all things.  (D&C 42:93)

D&C 102

Trials for membership due to transgression were designed by the Lord to be the jurisdiction of the local elders and congregation, since they would have much more knowledge about the individuals involved (accused and accusers) than would the high councilors and stake president, who potentially could live elsewhere, in another part of the stake. On the other hand, trials about other matters, such as property disputes and other similar matters, were designed by the Lord to be the jurisdiction of the high council because they would not have intimate knowledge of the details of the local disputes, and therefore would be more likely to be impartial judges, the outcomes not affecting them one way or another.

That said, let’s examine section 102. The heading to Doctrine and Covenants section 102 reads:

Minutes of the organization of the first high council of the Church, at Kirtland, Ohio, February 17, 1834. The original minutes were recorded by Elders Oliver Cowdery and Orson Hyde. The Prophet revised the minutes the following day, and the next day the corrected minutes were unanimously accepted by the high council as “a form and constitution of the high council” of the Church. Verses 30 through 32, having to do with the Council of the Twelve Apostles, were added in 1835 under Joseph Smith’s direction when this section was prepared for publication in the Doctrine and Covenants.

Although D&C 102 is not a revelation, it contains the information on how the first high council was organized and operated, which organization came of revelation, and which operation was given by the spirit of prophecy and revelation. So, although we don’t have the pattern dictated directly by the Spirit, we do have a recording of the pattern (the minutes) as witnessed by two men who were present when the pattern was shown. The minutes were later corrected by Joseph, so we can be sure they are reliable.

As I said before, the modern procedures for how church disciplinary councils are operated render the word of God of none effect, making modern courts fundamentally unjust. The error comes from a misreading of section 102, which gives the “form and constitution of the high council”, to be followed by all high councils.

Okay, so let me unfold the errors.

Modern church disciplinary councils operate under color of law

The following document,

Church Disciplinary Councils

gives the current procedures used in these courts. Here are a couple of quotes which manifest the errors:

“In a stake disciplinary council, the stake president is assisted by twelve high councilors. Their role is easily misunderstood. Uninformed persons are tempted to liken the high council to a jury. In view of the not well understood instructions in section 102 of the Doctrine and Covenants, there is also a tendency to view individual high councilors as prosecutors or defenders. Neither of these comparisons is appropriate. Members of the high council are present to “stand up in behalf of the accused, and prevent insult and injustice’ (Doc. & Cov 102:17). In other words, they are to give added assurance that the evidence is examined in its true light and that the procedures and treatment of the accused are consistent with equity and justice. Their roles are illumination and persuasion, not advocacy or decision.” (Dallin H. Oaks)

“After hearing any additional comments from the high council, the stake presidency withdraws from the council room to confer in private. After consultation and prayer, the stake president makes the decision and invites his counselors to sustain it. The stake presidency then returns and announces the decision to the high council. The stake president asks the high councilors as a group to sustain his decision. The high council cannot veto the decision; it is binding even if it is not sustained unanimously.” (Church Handbook of Instructions)

Neither of these quotes is correct. Or, in other words, they are correct in that the modern church procedure operates as they state it does, but they are not correct in that the procedure they use is entirely at odds with the written word of God.

Here is what the section actually says,

Whenever a high council of the church of Christ is regularly organized, according to the foregoing pattern, it shall be the duty of the twelve councilors to cast lots by numbers, and thereby ascertain who of the twelve shall speak first, commencing with number one and so in succession to number twelve.

Whenever this council convenes to act upon any case, the twelve councilors shall consider whether it is a difficult one or not; if it is not, two only of the councilors shall speak upon it, according to the form above written.

But if it is thought to be difficult, four shall be appointed; and if more difficult, six; but in no case shall more than six be appointed to speak. (D&C 102:12-14)

So everybody picks a number out of a hat, from one to twelve. If the case is easy, just two men speak; if difficult, four men speak; and if really difficult, six speak. The rest do not speak, but just listen.

The accused, in all cases, has a right to one-half of the council, to prevent insult or injustice.

And the councilors appointed to speak before the council are to present the case, after the evidence is examined, in its true light before the council; and every man is to speak according to equity and justice.

Those councilors who draw even numbers, that is, 2, 4, 6, 8, 10, and 12, are the individuals who are to stand up in behalf of the accused, and prevent insult and injustice. (D&C 102:15-17)

In behalf of

Now, here is where brother Dallin gets it wrong (and shame on him!, since he’s supposed to be a lawyer). The expression “to stand up in behalf of the accused” means “to stand up as an advocate of the accused.”

BEHALF, n. behaf. [See Behoof.]

1. Favor; advantage; convenience, profit; support, defense, vindication. The advocate pleads in behalf of the prisoner. The patriot suffers in behalf of his country.
2. Part; side; noting substitution, or the act of taking the part of another; as, the agent appeared in behalf of his constituents, and entered a claim.

AD’VOCATE, n. [L. advocatus, from advoco, to call for, to plead for; of ad and voco, to call. See Vocal.]

1. Advocate, in its primary sense, signifies, one who pleads the cause of another in a court of civil law. Hence,
2. One who pleads the cause of another before any tribunal or judicial court, as a barrister in the English courts. We say, a man is a learned lawyer and an able advocate.
3. One who defends, vindicates, or espouses a cause, by argument; one who is friendly to; as, an advocate for peace, or for the oppressed.

AD’VOCATE, v.t. To plead in favor of; to defend by argument, before a tribunal; to support or vindicate.

All of that is from Webster’s 1828 Dictionary, showing that this is the very meaning of the phrase, contrary to what brother Dallin would have us believe.

The reason why brother Dallin and the other church leaders feel the need to wrest this scripture into saying something it isn’t saying is because they have transfigured the high council into something it was never intended to be: a church court dealing with transgression and trials for church membership. So, they cannot conceive of a righteous man advocating the cause of someone who could be an unrepentant sinner, like the lawyers do. (Jesus is our advocate with the Father only if we are penitent, for the impenitent do not have Him as their advocate.)  The thought of advocating impenitence, then, is understandably repulsive to them, so they simply interpret the scripture another way, to make it work according to their procedure. But the very words themselves do not fit.

High councilors could advocate the cause of the accused because these were not meant to be matters dealing with transgression, but merely “important difficulties.” In other words, disputes over this and that private matter. In such cases, the accused may be right, or may be wrong. The high councilors who were chosen by lot to speak, could put themselves in the place of the accused, for they weren’t attempting to excuse sin, but to show a private matter from the perspective of the accused.

Veto power

The CHI says that the high council cannot veto the stake president’s decision, but that is flat out wrong.

After the evidences are heard, the councilors, accuser and accused have spoken, the president shall give a decision according to the understanding which he shall have of the case, and call upon the twelve councilors to sanction the same by their vote.

But should the remaining councilors, who have not spoken, or any one of them, after hearing the evidences and pleadings impartially, discover an error in the decision of the president, they can manifest it, and the case shall have a re-hearing.

And if, after a careful re-hearing, any additional light is shown upon the case, the decision shall be altered accordingly.

But in case no additional light is given, the first decision shall stand, the majority of the council having power to determine the same. (D&C 102:19-22)

Here is the meaning of the word sanction, from Webster’s 1828 Dictionary:

SANC’TION, v.t. To ratify; to confirm; to give validity or authority to.

Thus, the twelve high councilors vote to ratify, confirm, give validity or authority to the stake president’s decision. Without such validation, the president’s decision is non-binding. That is what ratification is all about.

Unanimity is not required for ratification, only a majority vote. In other words, the majority of the council has power to determine whether the first decision shall stand, as well as whether there is no additional light given. The reason for the re-hearing is not because some councilors disagree, or even that one councilor disagrees, with the president’s decision, but because one or more of them think there may have been an error, meaning that the stake president overlooked something. This is why the section talks about additional light.

Impartiality

But should the remaining councilors, who have not spoken, or any one of them, after hearing the evidences and pleadings impartially, discover an error in the decision of the president, they can manifest it, and the case shall have a re-hearing. (D&C 102:20)

IMP`ARTIAL, a. [in and partial, from part, L. pars.]

1. Not partial; not biased in favor of one party more than another; indifferent; unprejudiced; disinterested; as an impartial judge or arbitrator.
2. Not favoring one party more than another; equitable; just; as an impartial judgment or decision; an impartial opinion.

Current church practice in church courts creates a conflict of interest. The witnesses who present evidence or who make accusations and bear testimony, are biased, but the high council and stake presidency is supposed to be unbiased and impartial. That requires that none of them can act as witnesses, nor make accusations. Any church court that has any of the councilors or any of the stake presidency acting as a witness or making accusations, in any degree of bias, cannot be called impartial and thus is nothing but a farce.

Guilty until proven penitent is a bastardization of the law

Another practice in the church court system is the assumption of guilt upon the accused. In the Lord’s law, every saint is innocent until proven guilty, but the modern church court procedure assumes the accused is guilty and thus that the accused, in order to be in God’s good graces, must confess his sin and show penitence before the council, otherwise the council will see him as an impenitent sinner, instead of as a penitent sinner, and will have to apply the penalty the Lord’s law requires. This practice makes all those who say they are innocent of any charges appear impenitent, even if they really are innocent.

Evidence alone is not enough

It is called the law of witnesses for a reason. Evidence of wrongdoing, without an eyewitness testifying, is insufficient. The witnesses are the saints and it takes a saint to condemn anyone. Also, every word must be established by two or three witnesses. So if someone in the church, for example, publishes some literature or book, but none of the saints are offended by it or bring up accusations against the author, the high council has no jurisdiction to lay charges against the author, nor does the stake presidency, nor the bishopric. Charges or accusations can only come from a saint’s testimony and it requires two saints’ testimonies for any of these men to obtain jurisdiction to bring a judgment against a member. The Lord made it this way because it is the jurisdiction of His saints to have the first and final word, judging both the nations of the earth and also Zion.

Behold, I, the Lord, have made my church in these last days like unto a judge sitting on a hill, or in a high place, to judge the nations.

For it shall come to pass that the inhabitants of Zion shall judge all things pertaining to Zion.

And liars and hypocrites shall be proved by them, and they who are not apostles and prophets shall be known.

And even the bishop, who is a judge, and his counselors, if they are not faithful in their stewardships shall be condemned, and others shall be planted in their stead. (D&C 64:37-40)

The saints are given free reign to judge all things, both inside and outside the church, including all the leaders from top (apostles and prophets) to the bottom (bishops). The word of two or more saints against any man, woman or child of age in this church condemns that person, regardless of his or her office.

Excommunication is supposed to be a congregational affair

Excommunication (cutting off a person from the church) is in similitude to the cutting off from the presence of the Lord which will happen to all the sons of perdition at the last day. Since that last act of cutting off is, in actuality, a spiritual death, even a second death, cutting off is representative of death. In other words, excommunication represents the death penalty, or capital punishment. Only those who do not repent receive this penalty.

The authority to inflict (the similitude of) death upon a sinner was never meant or designed by God to be in the hands of one man (a stake president) nor three men (the stake presidency), nor twelve men (the high council). The final decision was meant to be in the hands of the saints who make up the congregation.

But he or she shall be condemned by the mouth of two witnesses; and the elders shall lay the case before the church, and the church shall lift up their hands against him or her, that they may be dealt with according to the law of God. (D&C 42:81)

Without such congregational ratification, we end up with secret trials like those of the Gadianton robbers.

Now there were many of those who testified of the things pertaining to Christ who testified boldly, who were taken and put to death secretly by the judges, that the knowledge of their death came not unto the governor of the land until after their death. (3 Ne. 6:23)

Let the saints do their duty

It is the duty of a saint to lay charges, make accusations and bear witness against all wickedness they see. If they see (scripturally-defined) dissenting behavior, they will resist it and seek to silence it. They are the Lord’s anointed and the only ones authorized to condemn; not the bishop, or high council or stake presidency. (See Evil speaking of the Lord’s anointed.)

And they were strict to observe that there should be no iniquity among them; and whoso was found to commit iniquity, and three witnesses of the church did condemn them before the elders, and if they repented not, and confessed not, their names were blotted out, and they were not numbered among the people of Christ. (Moroni 6:7)

And if any man or woman shall commit adultery, he or she shall be tried before two elders of the church, or more, and every word shall be established against him or her by two witnesses of the church, and not of the enemy; but if there are more than two witnesses it is better. But he or she shall be condemned by the mouth of two witnesses; and the elders shall lay the case before the church, and the church shall lift up their hands against him or her, that they may be dealt with according to the law of God. (D&C 42:80-81)

It is right and proper for them to prune the church and bear witness against unrepentant sinners. They would be remiss in their duty if they shut their mouths at the sight of wickedness. So do not harp on them or put obstacles in the way of their duty, otherwise they will end up condemning you.

The purpose of this post

I wrote this post to show that, according to the scriptural definition, there is no such thing as a sinless dissenter; that the church is commanded to be one; that dissenters should be silenced; and that excommunication is a divine principle. I never expected to get into the unrighteousness of current church court procedure. I never expected or intended to judge the courts and find them “wanting in the balance” (see Dan. 5:27). But I did and that’s that. Nevertheless, despite the courts being corrupt because they do not conform to the divine pattern, to dissent is still a sin, all dissenters still should be silenced, unrepentant sinners still must be cut off from the church and excommunication of unrepentant sinners is still a righteous thing to do.

The question that remains, then, is what do we do about the courts? How can they be reclaimed and made right and just again, according to God’s revealed pattern? What steps must be taken by saints, working in unison (as one in Christ) within the stakes and acting on the promptings of the Holy Ghost, to administer “judicial reform” and bring the courts back into conformity with God’s laws? I don’t, as yet, have an answer to these questions. But there is one thing that I am certain of: although the institutionalization of the current church court procedures, in defiance of the written word, poses an obstacle to change, God’s saints have power through faith to rebuke anything they deem offensive, and correct anything they deem incorrect, whether within or without the church, for it is their duty and prerogative to judge all things. So I guess it just comes down to this: will they also judge the church courts and find them wanting?

Complete List of Articles authored by LDS Anarchist

Ideas for fighting gun rights infringement


Note: Due to recent anti-American voices, which seem to have reached a fever pitch, and I feel constrained, yet again, to write about gun rights infringement.

To all American gun rights advocates

I am addressing my words to everyone who is a gun rights advocate, not just to the latter-day saints (Mormons), so the intended audience is much wider than usual. Use any of these ideas as you see fit, in your fight to protect American rights.

Use the proper terms

Gun control is a misnomer, so never use it. Instead, begin a conversation with the term, so-called “gun control,” and then label it correctly as gun rights infringement. Continue to use the proper term for the rest of the conversation. Remember, so-called “gun control” is not about controlling guns, but about controlling people by infringing on their right to keep and bear arms.

Gun control advocate is another misnomer. When someone says they are a gun control advocate, call them instead a gun rights infringer. (It does not matter that the word infringer is not in the dictionary, everyone will understand its meaning. Sometimes creating a new word is the best option. Shakespeare did it many times, so can you. Besides, used enough times, you can be sure it will eventually make it into the dictionary.)

When someone says that he or she is an American in favor of gun control, refer to him or her ever afterward as an anti-American in favor of gun rights infringement, or just as an anti-American gun rights infringer. The term anti-American fits, for only anti-Americans attack or seek to weaken the constitutional protections of the rights of American citizens.

When referring to behavior that undermines the Bill of Rights protections, call it un-American. That is, after all, what it is.

These terms: gun rights infringement, gun rights infringer, anti-American, and un-American, make people immediately think of criminals and communists seeking to undermine or subvert the American system and way of life. Because they themselves make the connection between infringement and crime and anti/un-American and communist, these terms have a more powerful effect upon the minds of the people hearing them. Never, ever, label someone a criminal or communist or socialist or whatever, for if you do, people’s doubt will come into play and they will not believe the rest of what you say.

Use the terms undermining and subversion liberally in a conversation when describing actions that promote gun rights infringement. No one wants their rights undermined, nor does anyone want the Constitution subverted. These are descriptive terms that paint an immediate picture in one’s mind of spies trying to overthrow the government.

Use the term subversive as a label for anyone who promotes gun rights infringement. When a person calls someone else a subversive and describes their actions as subversive behavior, those that listen to the conversation immediately think of cloak and dagger stuff, such as an enemy trying to destroy the American way of life.

These terms are effective because they are based upon word associations. The words criminal, communist, spy and enemy, all pop up in people’s mind automatically, as soon as you start using these terms. Because they themselves do the associations, or because they themselves make the connections, or think of the associated words themselves, they believe them. Now, everything you say about the person you have just labeled will be more receptive to the audience listening in, for they now will view the gun rights infringer with suspicion.

Use “no infringement” as the standard

Never call so-called “gun control laws,” gun control laws. They must always be called, gun rights infringement laws. Everything must be brought back to the central issue: the infringement of unalienable rights.

Every gun rights infringement law on the books must be regarded and labeled as illegal. Never, ever refer to them as legal. They are all illegal, unconstitutional laws, and always refer to them as such. As long as people think of these illegal gun rights infringement laws as legal, they will be accepting of so-called “legal” gun rights infringement. People need to be presented with contradictory information, before they wake up out of their sleep. They must be presented with two, opposing “realities,” one side saying, “gun control laws are legal” and the other side saying, “gun rights infringement laws are illegal.” They must understand that there is no such thing as “legal” gun rights infringement.

“No infringement” must be the standard. Partial infringement is unacceptable. A full infringement of one’s right to life would be immediate execution. A partial infringement of that same right might consist of poison administered over time so as to shorten one’s life. Full infringement of the right to property would be taking it all, partial infringement might consist of taking only half. The right to liberty could be partially infringed upon by requiring that you be confined three days out of every week. Partial infringement of the right to free speech might be that your mouth be taped shut every Monday and Tuesday. If this all sounds absurd, it is because it is. Infringement is infringement, whether it is partial or full, and it is all unacceptable, tyrannical behavior. This same principle applies to the right to keep and bear arms.

Needs have nothing to do with rights

If a person wanted to administer poison to you, to shorten your life span from 75 to 65 years old, while telling you, “Oh, but you don’t need those last ten years of life!” would you let him? Does your right to life have anything to do with your needs? Are not your years yours, to do with as you want? Does the argument that you don’t need 50% of your property, or you don’t need seven days of freedom because four days is enough, or you don’t need to speak your mind on Mondays and Tuesdays, make it alright to infringe upon these rights? Of course not! So, in like manner, no one has the right to infringe upon the right to keep and bear arms because a person doesn’t “need” another gun, or more ammo, or a bigger and more powerful weapon. His or her needs have nothing to do with the matter.

So, toss the needs argument right into the trash from the get-go and keep the conversation eternally focused on the rights of man.

Get yourself some weapons and keep them

Get enough firearms and ammunition for every able bodied person of age in your family. Get the weapons you feel are appropriate, including so-called assault weapons. (Notice I used “so-called.”) Make sure your family is trained in their proper use and safety.

Bear your weapons

Rights that are not asserted will inevitably be encroached upon and eventually taken away. Firearms must, of necessity, be borne. In other words, when you go around town to do your daily business, go packing heat. Now, there may be an illegal law against that in your area. If so, then another strategy must be taken. But if there is no illegal law against that, start doing it, and keep doing it.

Educate your neighbors on gun rights

The best means to do that is the following document:

REPORT of the SUBCOMMITTEE ON THE CONSTITUTION of the UNITED STATES SENATE, NINETY-SEVENTH CONGRESS, Second Session, February 1982, Printed for the use of the Committee on the Judiciary

Just print it out as a hard copy and hand it out or snail mail it, email it, or share it online using its 120+ share functions. The video, Innocents Betrayed: The True Story of Gun Control World Wide, is also an excellent teaching tool to use.

Meet with other gun rights advocates

Your local gun and ammo supply store may be able to hook you up with other local gun right advocates. This is an important step to take in order to begin the formation of citizen militias.

Begin to form and regulate a local citizen militia

In conjunction with other local gun rights advocates, begin to form a local citizen militia. It is necessary that citizen militias be “well-regulated.” That of course means that everyone needs to possess weapons, perhaps of a specific kind, and also sufficient ammo, but it may also mean that everyone should have the means to communicate with each other, perhaps through ham radio or whatnot. Each militia will decide how best to regulate itself.

When meeting together as a militia, to conduct business, bring your weapons with you. Bearing arms is the key to gun rights (and all other rights) protection.

Do not keep it local. In other words, seek to establish other “chapters” of citizen militias in the regions round about, and work to have each local militia capable of communicating and working with other militias. This is all part of being “well-regulated.”

Citizen militias are for both local and common defense, so they need to be able to co-ordinate efforts with other militias.

Let the Bill of Rights be the common thread that unites all the citizens in the various militias, so that race, color, creed, customs, dress and all other differences are set aside. The only requirement to unite with a citizen militia ought to be that one be law-abiding. Law-abiding should simply mean that a person supports a “no infringement” stance on the Bill of Rights.

Expect infiltration. G-men get antsy about the prospect of an armed citizenry, and especially about organized, citizen militias, so expect that some undercover agents may be joining your group, to spy on it or even to sabotage it or create false flags.

There is safety in numbers and weapons

When these militias grow in sufficiently large numbers, they ought to meet out in the public, packing heat, in peaceful assembly, exercising two of their rights simultaneously: bearing arms and peacefully assembling. In fact, at every public protest or peaceful assembly, of whatever group, the armed citizen militia ought to be there as a show of force, in support of the people’s rights to protest and assemble.

In areas where there are illegal laws on the books, prohibiting or restricting the right to bear arms in public, several local militias could organize peaceful assemblies using this principle*, with thousands or tens of thousands of armed militia men in attendance, as a public demonstration that illegal laws that prohibit or infringe upon the bearing of arms should not be obeyed. This ought to be done quite frequently and only in large numbers, until the police decide not to enforce the illegal laws and they are removed from the books.

*Btw, in case this comes up in the comments, yes, I am fully aware that Ghandi, who was a supporter of this principle, wrote in Chapter XXVII, “The Recruiting Campaign,” in his autobiography, My Experiments with Truth:

“I used to issue leaflets asking people to enlist as recruits. One of the arguments I had used was distasteful to the Commissioner: ‘Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms as the blackest. If we want the Arms Act to be repealed, if we want to learn the use of arms, here is a golden opportunity. If the middle classes render voluntary help to Government in the hour of its trial, distrust will disappear, and the ban on possessing arms will be withdrawn.’ The Commissioner referred to this and said that he appreciated my presence in the conference in spite of the differences between us. And I had to justify my standpoint as courteously as I could.”

Solutions for statists

These ideas of mine will appeal to those who do not look to the government to solve gun rights infringement, but for any statists who read this blog, who want to change the government via legislation, you may wish to use the Gun Owners of America lobby group as a tool. By becoming a member and giving them money, they will lobby Congress for zero infringement of gun rights. If enough people join them, and if they get enough money, perhaps they will make a difference. Here is their web site:

gunowners.org

I suggest the GOA and not the NRA, because the NRA does not appear to have a strict, zero infringement policy. They are as likely to lobby for partial infringement, as for no infringement, which would be a waste of money.

The other thing you can do is contact your representatives and senators and tell them that if they support any infringement on gun rights, you will not vote for them. Personally, such tactics seem useless to me, but perhaps they are worth a try.

To latter-day saints

Now I would like to turn my attention to the latter-day saints who might read this blog.

The Lord has given us a charge to befriend the Bill of Rights, therefore, any LDS in a governmental position of authority cannot justifiably violate the rights of any law-abiding citizen while performing government duties. This means that latter-day saint police officers, FBI agents, CIA officials, military personnel, border patrol and any other position of government authority, takes second seat to the Bill of Rights. Should you confiscate a law-abiding citizen’s weapons (and the definition of a law-abiding citizen is one who does not infringe upon the Bill of Rights) by command of a superior, you have broken your covenant with God to obey His commandments, which includes His words about befriending these Constitutional protections.

Righteous LDS are prohibited, then, from infringing on a law-abiding citizen’s rights, by God’s laws. They still have their agency, of course, and can choose to sin, but in order to remain justified before the Lord, they must obey this instruction.

The Lord has said that if we keep His laws, we have no need break the laws of the land. This does not refer to the endless laws on the books, but to those justifiable laws that maintain rights and privileges, which are in the Constitution, which are known as the Bill of Rights. That is all He meant by that. (For more information on all of this, see these previous posts: It is a SIN to infringe on the people’s right to keep and bear arms, Talking to myself and What the Lord has said about the Constitution.)

However, the Lord has also said that we are to be subject to the powers that be until He reigns. The question must be asked, then, what are the powers that be?

The applicable gospel principle is the voice of the people, as taught by the seer Mosiah:

It is not common that the voice of the people desireth anything contrary to that which is right; but it is common for the lesser part of the people to desire that which is not right; therefore this shall ye observe and make it your law—to do your business by the voice of the people.

The voice of the people are the powers that be that the Lord referred to. We are to be subject to the voice of the people, we are to observe the voice of the people, and we are to make the voice of the people our law, to do all our business by that voice.  This commandment is an actual law of the Lord and must be obeyed for justification before the Lord.

This means that latter-day saints are only justified insofar as they submit to the voice of the people. If that voice is for the government, then latter-day saints must submit to the government. If the voice ever turns against the government, then latter-day saints must submit to the people and stand with the people against their government. Those who do not submit to the powers that be according to this pattern and principle must remain unjustified before the Lord.

Mosiah also said:

And if the time comes that the voice of the people doth choose iniquity, then is the time that the judgments of God will come upon you; yea, then is the time he will visit you with great destruction even as he has hitherto visited this land.

Therefore, if the time ever comes that the voice of the people chooses iniquity by turning against the Bill of Rights, then destruction will come upon the people, from the Lord. But as long as the voice of the people is in support of the Bill of Rights, latter-day saints can only remain free by aligning themselves with that voice. And by extension, all latter-day saints who oppose the just voice of the people will find themselves brought down into captivity.

Therefore, based on these principles, it is possible for latter-day saints to engage in every idea listed above while remaining justified before the Lord, if the voice of the people is with them. Nevertheless, even if the voice of the people has not spoken, no latter-day saint is justified in violating anyone’s rights, whether acting under government or citizen authority.

Citizen militias in Nephite times

To more fully explain why the Bill of Rights is justifiable before the Lord, it is necessary to look to the Book of Mormon. The Bill of Rights was inspired by the Spirit of freedom (see Talking to myself), meaning that it embodies principles that align with laws that the Lord Himself had given to His people who lived on this land anciently.

The Nephites were organized, from the beginning, as citizen militias. Thus, we find Nephi using the sword of Laban to create weapons of war for his people, so that everyone was armed. In the case of the Nephites, they had both a right and a duty to keep and bear arms. Nevertheless, they did not have a standing army. Whenever the Lamanites would invade their lands, the Nephites would stop their daily pursuits, take up their arms, and wage war. When the war was over, they would go back to their normal endeavors. (See The Strength of the Lord.)

The Nephites had no police force, only citizen militias. So, when Korihor was going around telling lies, which was a punishable crime in Nephite law, he was arrested by citizens. It was the citizens, not a police force, that was responsible for making sure that no one’s rights were infringed upon.

Mormon dissed the Nephites of Zarahemla because when Korihor first began spreading his lies there, the citizens did not arrest him, as was their duty. Instead, they left him free to roam about and deceive the people and he was able to cause many souls to sin. Later, he entered the land of Jershon, but the Lamanites who lived there arrested him because, according to Mormon, “they were more wise than many of the Nephites.” Later he went over to the land of Gideon and was again arrested by citizens (this time by Nephites.) Finally, he was arrested yet again and brought back to Zarahemla for trial and judgment.

No pacifism among the Nephites

The Nephites were operating under commandments of God, from the beginning, from the time of Lehi and Nephi, in which they were commanded to keep and bear arms. That they both kept and bore arms as a routine is shown by the fight between Nehor and Gideon, which began as two men talking religion and ended up with each one reaching for his sword, ending in Gideon’s death. Now, Gideon was a man of God, even a teacher in the church of God, yet he was armed, as were all the Nephites.

The law of the Lord, as given to the Nephites, is the same law that has been given to the latter-day saints, as recorded in D&C 98, which was given as the pattern for all Gentile nations to follow. (See D&C 98:38.) That section starts out by talking about justification before the Lord and befriending the Bill of Rights, which, as we know, includes the right to keep and bear arms. It then ends with a “fourth offense” warfare doctrine, giving latter-day saints warfare laws by which they might remain justified before the Lord. Thus, there is no pacifism in the section, nor was there any pacifism manifested among the Nephites.

The only so-called “pacifism” manifested in the Book of Mormon comes from the Anti-Nephi-Lehies, who took an oath not to take up arms against their brethren (the other Lamanites). This was an exception because they had not previously entered into the same covenant the Nephites had entered into, in regard to the laws given to the Nephites, which included warfare instructions. In other words, the Nephites had to take up arms in defense of their country, according to the covenant they made, otherwise they would be guilty of breaking their covenant and sinning.

The Lamanites, though, did not have such restrictions, so after they had entered into their covenant to take up no arms against their Lamanite brethren, and had joined the Nephites, they could not break their first oath without sinning, so exception was made for them and they were excused from the typical covenant that every Nephite had to make as a citizen, according to the laws given to the Nephites, as revealed to them by the Lord.

That pacifism was not considered a so-called “higher law” by these Lamanites is evidenced by what they taught their children, for they did not teach their children to enter into the same oath that they did, but they taught them to take the Nephite oath and covenant. Thus, the children of these Lamanites, even the 2000+ stripling warriors, were not taught to be pacifists by their fathers, but were taught the same laws given in D&C 98.

Additionally, the Lamanite Anti-Nephi-Lehies, who had taken this oath, voluntarily supported the war efforts of the Nephites with their sons, with their money and with supplies, including retreating inward towards the center of the land so that the Nephite armies could battle the Lamanites, their brethren.  At one point, in fact, the Lamanites became so concerned with how the war was going, and the destruction of their new Nephite brethren, that they considered breaking their oath and covenant and taking up arms to defend the Nephite nation against the Lamanites.  None of this behavior can be labelled as pacifism.  So, why did they lay down their weapons and never take them again?  It was because of the oath they took, not because of the philosophy we call pacifism.

This shows that the Anti-Nephi-Lehies were an exception to the rule, manifested under a different set of circumstances and conditions, and to a different group of people, and was never meant to be taken as a pattern for the Gentiles. They were held up by Mormon as a standard of keeping one’s oath and covenant even unto death, and of brotherly love, but not as a standard or pattern for Gentile pacifism.

The Gentiles must obey the instructions given to them by the Lord, which are the same ones given to the Nephites, otherwise they will incur the displeasure of God upon them. Mormons, then, cannot justifiably be pacifists, in the sense of refusing to bear arms in defense of their country, like the king-men did. They may choose not to bear arms for individual or family circumstances, as explained in D&C 98, but when their people is threatened by any nation, tongue or people, if, after the third time of offering peace, the offering is not accepted by the invaders, they cannot justifiably refuse to take up arms. They must defend the nation, just as the Nephites had to.

Modern pacifism, then, is a philosophy of men, and is not of God. All Mormons who claim to be pacifists, and who claim that the scriptures justify pacifism for the Gentiles, or who lift it up as the standard for the Gentiles, or who denounce the law of God as written in D&C 98, denying gun rights, self defense and our duty toward common defense, is either in error, having not understood the scriptures, or is intentionally trying to deceive people.

Befriend the Bill of Rights

I bring all of this up to show latter-say saints that they can justifiably befriend the Bill of Rights. They can justifiably keep and bear and use arms. They can justifiably engage in warfare, self defense and common defense. They can justifiably form themselves into citizen militias. And so on and so forth. It is not sin to do these things, but righteousness, for this is all according to the word of the Lord, as given in the scriptures.

Complete List of Articles authored by LDS Anarchist

What the Lord has said about the Constitution


In the church, there is a common tendency to idolize the U.S. Constitution. We frequently hear that it is an inspired document and that the men who were responsible for its creation were raised up by God to this very end. Some even go so far as to believe the Constitution is a revelation from God, equal in authority and as binding upon the people as the scriptures themselves. Many U.S. LDS imagine that the government of the Lord in the Millenium will be some version of the constitutional republic created by the Founding Fathers, namely, a democratic Republic. Adding fuel to this fire is the oft-repeated “Constitution-hanging-on-a-thread” prophecy, which is attributed to Joseph Smith, though there are various versions of it, the texts of which are not canonized, but which are revered and believed by many U.S. LDS to be true. (Non-U.S. LDS are not as enamored as the U.S. LDS with the Constitution, so they don’t quote this prophecy so much.)

But what does the Lord actually say, in the canonized scriptures that we have, about the Constitution?

CONSTITUTION OF THE LAND

The Lord said, “And that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me. Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land; and as pertaining to law of man, whatsoever is more or less than this, cometh of evil.” (D&C 98: 5-7)

The Lord said, “According to the laws and constitution of the people, which I have suffered to be established, and should be maintained for the rights and protection of all flesh, according to just and holy principles; that every man may act in doctrine and principle pertaining to futurity, according to the moral agency which I have given unto him, that every man may be accountable for his own sins in the day of judgment. Therefore, it is not right that any man should be in bondage one to another. And for this purpose have I established the Constitution of this land, by the hands of wise men whom I raised up unto this very purpose, and redeemed the land by the shedding of blood.” (D&C 101: 77-80)

Joseph Smith prayed, “Have mercy, O Lord, upon all the nations of the earth; have mercy upon the rulers of our land; may those principles, which were so honorably and nobly defended, namely, the Constitution of our land, by our fathers, be established forever.” (D&C 109: 54)

That’s pretty much all that is said about it. It is mentioned in two revelations in which the Lord speaks (D&C 98 and 101) and it is mentioned in the revealed dedicatory prayer of the Kirtland Temple (D&C 109.)

There are some interesting things about these three revelations. First of all, the Constitution is never called the U.S. Constitution. It is either called “that law of the land which is constitutional,” “the constitutional law of the land,” “constitution of the people,” “Constitution of this land,” “those principles,” and “the Constitution of our land.”

Secondly, it is never implied that the Lord is referring to the entire Constitution. There are qualifiers among these revelations. In other words, the Lord is referring to that part of the Constitution that supports “that principle of freedom in maintaining rights and privileges.” He also says that “whatsoever is more or less than this,” meaning this rights and privileges part of the Constitution that supports the principle of freedom, cometh of evil. So, from the first revelation, the Lord explains that there is a part of the Constitution that is justifiable before the Lord and that belongs to all mankind, not just Americans, and that there is a part of the Constitution that is not justifiable before the Lord and that “cometh of evil.”

In the second revelation, the Lord explains that the Constitution (the part that supports the principle of freedom in maintaining rights and privileges) “should be maintained for the rights and protection of all flesh.” He also mentions the moral agency of man (which reminds me of anarchy) and then the Lord says something quite peculiar. He says, “Therefore, it is not right that any man should be in bondage one to another.” The word “therefore” means “for that reason” or “consequently.” So, the part about slavery in the Constitution obviously came of evil and was ‘not right,” but also any part of the Constitution that caused that “any man should be in bondage one to another” was “not right.”

As all forms of government force people to obey certain rules, called government laws, upon pain of death, imprisonment or property theft, government in and of itself causes all men to “be in bondage one to another.” So, pretty much the entire Constitution is in the “more or less” category that “cometh of evil.”

Finally, the dedicatory prayer refers to the Constitution of our land as “those principles,” and prays that they be established forever. The only “principles” justifiable in the Constitution are the ones referred to in the first two revelations. These are the principles that support that principle of freedom in maintaining rights and privileges; that should be maintained for the rights and protection of all flesh; that allow every man to act in doctrine and principle and according to their moral agency and their individual accountability; that are justifiable before the Lord; and that belong to all men.

So, what are these principles? We call these principles the Bill of Rights. Only the Bill of Rights fits the above description and only the Bill of Rights belongs to all mankind. It is instructive, too, that the Bill of Rights was written to protect the people specifically from the government (the rulers.) The Bill of Rights is the only part of the U.S. Constitution that is truly of the people. It is truly the Constitution of our land. Anarchy, therefore, is consistent with these revelations.

Next Anarchism/Anarchy article: Anarchy does not require perfect people

Previous Anarchism/Anarchy article: 1930’s Spanish Anarchy

Complete List of Articles authored by LDS Anarchist