By Donald S. Conkey – As America closes in on November 2 and as the battle for America’s constitutional soul rages on rhetorically, all across America, it would be easy for one to wonder if America will even survive the great divide that has, and continues to tear at the heart of our beloved country, a country founded on the principles of personal freedom and liberty by men inspired from on high. I believe it will, but it will require sacrifice on the part of many, and a re-involvement of “We the people.” Few realize, as this battle for America’s soul continues to rage on, what America has meant to its people or, equally important, to the rest of the world over the past 225 years. Dallin H. Oaks, a former Utah State Supreme Court Justice, reminded America on September 17, 2010, speaking at a Constitutional Day celebration, that

“After two centuries, every nation in the world except six have adopted written constitutions, and the United States Constitution was the model for all of them. Consequently, if we (America) abandon or weaken its fundamental principles, we betray our own national ideals and we also weaken our global neighbors.”

Perhaps someone should give President Obama a copy of Oaks’ talk as he continues to apologize to the world for what he perceives as America’s short comings.

Oaks named, then discussed the four fundamental principles of the Constitution: “popular sovereignty, division of powers in the federal system, the Bill of Rights and the separation of powers.”

Of popular sovereignty he declared that “the people are the source of government power and share a measure of the burdens and responsibilities of governing,” but he then stated,”The government of the United States had to be ultimately responsible to the will of the sovereign people, but it also had to be stable. Without some government stability against an aroused majority, government could not give individuals and minorities protection against overreaching by the ruling majority.”

Regarding division of powers in the federal system Oaks stated,

“Whatever the merits of current controversies over the laws of marriage and child adoption and the like, let us not forget that if the decisions of federal courts can override the actions of state lawmakers on this subject, we have suffered a significant constitutional reallocation of lawmaking power from the lawmaking branch to the judicial branch and from the states to the federal government.”

On the Bill of Rights, while underscoring the First Amendment, he stated

“I maintain that in our nation’s founding and in our constitutional order, religious freedom, and the freedoms of speech and press associated with it in the First Amendment, are the motivating and domination civil liberties and civil rights. Unpopular minority religions are especially dependent upon a constitutional guarantee and free exercise of religion…The importance of that guarantee should make us ever diligent to defend it. And it is in need of being defended. In my lifetime I have seen a significant deterioration in the respect accorded to religion in our public life, and I believe that the vitality of religious freedom is in danger of being weakened accordingly.”

Continuing he said “the checks and balances of separated powers between executive, legislative and judicial branches help preserve independence from each other, with each fulfilling its own duties and needing to refrain from exercising the functions of the others.” He warned specifically of the judiciary, stating “The courts must limit themselves to interpreting the Constitution and the laws and not stray into the legislative function of lawmaking.”

In concluding his talk Oaks offered five suggestions of citizen responsibility to the Constitution: 1. to understand it; 2. to support the law; 3. to practice civic virtue; 4. to maintain civility in the political discourse; and 5. to promote patriotism.

I first met Dallin H. Oaks over thirty years ago here in Atlanta. He was then president of Brigham Young University and helped me launch a major project here in southeast America. From that day to this I have held this man in high esteem. With talks like this I continue to consider him one of my mentors on constitutional government. I share his words with my readers today as they are of value to all Americans who care for their freedoms and liberties first given to America by the Founding Fathers, and today are in danger of being destroyed by conspiring men and women seeking only personal power and self glory. Exercise your constitutional responsibility November 2 by voting wisely.