The Law of the Land

At the passing of Edward Kennedy, part of the praise he is garnering includes the “dozens of laws that bear [his] name or imprint.” I found it curious that writing so many laws was something to be praised. Of course, I know that law is an essential part of a functioning society. Law, as idea, is good. However, that does not mean that all laws are necessarily good, or that more laws are necessarily good. Just as a man can drown in water, heaping more and more laws on a society can smother it. To use another example, the mother and father who make the most rules for their children aren’t necessarily the best parents.

Latter-day Saints have a unique attitude toward the laws of the land. One of the thirteen Articles of Faith, or basic tenets of our belief is this: “We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 1:12). This makes obeying the laws of the nations in which we live a spiritual matter. The Lord has also stated though modern prophets that “he that keepeth the laws of God hath no need to break the laws of the land” (D&C 58:21). Does that mean that exceeding the speed limit is a sin? That has to be answered by each individual’s conscience. If it does, I’ll have to put that on the list of the things I need to repent of.

Yet, the Book of Mormon tells the history of many societies in which the laws of the land became corrupt. When that happened, those societies were poised to fall. Thanks again to modern prophets, we know how to discern between good law and corrupt law. The Lord has revealed through his mouthpiece that “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).

When the legislature creates laws that are outside its constitutional parameters, it is an evil, or corrupt law. That doesn’t give us permission to disobey that law, but it does give us a mandate to ensure that those who enact such laws are not reelected, and that those we elect will work to repeal such laws.

Some might argue that such laws are necessary. The members of our society cannot be trusted to treat each other justly, or make choices that are in their own best interest. To that I would argue that unconstitutional law is evil, as God has said, and is not meant for society’s betterment, but its control. However, I want to follow this reasoning to its conclusion to make a point.

Let’s suppose that men cannot be trusted to treat each other justly. Is creating more laws the answer? I don’t believe it is. Man will only behave with injustice toward his neighbor if he is immoral. He doesn’t obey the highest moral law, Christ’s Golden Rule, “all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets” (Matt. 7:12). Creating more laws in an attempt to make someone moral is like taking a painkiller for a broken bone. The pain might be relieved for a while, but the break remains untreated.

Morality comes from within, not without. It cannot be legislated, regardless of what politicians might think. Making it illegal to hate will not make someone love his neighbor. That love comes through understanding of God’s plan and our place in it. As Boyd K. Packer, President of the Quorum of the Twelve Apostles, has said, “True doctrine, understood, changes attitudes and behavior. The study of the doctrines of the gospel will improve behavior quicker than a study of behavior will improve behavior.”

If that sounds naïve, let me give you an example of when it has worked. John Taylor, third President of the Church, recounted the following experience:

“Some years ago, in Nauvoo, a gentleman in my hearing, a member of the Legislature, asked Joseph Smith how it was that he was enabled to govern so many people, and to preserve such perfect order; remarking at the same time that it was impossible for them to do it anywhere else. Mr. Smith remarked that it was very easy to do that. ‘How?’ responded the gentleman; ‘to us it is very difficult.’ Mr. Smith replied, ‘I teach them correct principles, and they govern themselves’” (quoted in Teachings of Presidents of the Church: Joseph Smith).

Government can’t be depended upon to make society better, because it simply cannot do it. The only society that can function for any length of time is a moral one and that morality comes from within, not without. No number of laws can change that.