The three conditions of the laws that were to govern the people through the judges (v. 25) may be equated with the United States Constitution. The laws to govern the Nephite people were passed from Nephi to his successors (see Jacob 1:9–11). First, the Constitution came down from the Founding Fathers.
4 And now, verily I say unto you concerning the laws of the land, it is my will that my people should observe to do all things whatsoever I command them.
5 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.
6 Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land; [D&C 98:4–6]
The laws of the Constitution were given for the moral agency of man.
77 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;
78 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.
79 Therefore, it is not right that any man should be in bondage one to another. [D&C 101:77–79]
The second condition, the laws enacted by the fathers must be correct (Mosiah 29:25). The laws had been altered by King Noah (v. 23). Likewise, laws interpreting the Constitution (not following it) have changed its meaning since it was established, according to the revelations to Joseph Smith.
“And as pertaining to law of man, whatsoever is more or less than this, cometh of evil” (D&C 98:7), and “And again I say unto you, those who have been scattered by their enemies, it is my will that they should continue to importune for redress, and redemption, by the hands of those who are placed as rulers and are in authority over you” (D&C 101:76). The historical setting of both the above revelations shows they were given in answer to the unjust persecution upon the Saints, another parallel with the Nephites under Noah.
The third condition is that the laws had been given by revelation (Mosiah 29:25). The Nephites were “those who believed in the warnings and the revelation of God” given to Nephi (2 Nephi 5:6). Those who followed Mosiah I, father of King Benjamin, “were as many as would hearken unto the voice of the Lord” (Omni 1:12). King Benjamin, with the help of the prophets, “did once more establish peace in the land” (Words of Mormon 1:18).
Our Constitution came from God. “I, the Lord God, make you free, therefore ye are free indeed; and the law also maketh you free” (D&C 98:8). “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 101:80).
To do business by the voice of the people does not necessarily mean by majority vote. As practiced in the Church today, the voice of the people comes through a sustaining vote, for those who have been chosen by revelation, given to those holding the keys of administration for the various units of the Church, and for the directions and admonitions given through both. Negative votes are listened to, and if there are valid reasons for not sustaining the person or the proposed direction, the action may be withdrawn. If the voting against is not for valid reasons, the action continues. Thus, the vote is according to the law “given them by the hand of the Lord” (Mosiah 29:25). “The elders are to receive their licenses from other elders, by vote of the church to which they belong, or from the conferences” (D&C 20:63). “And all things shall be done by common consent in the church, by much prayer and faith, for all things you shall receive by faith” (D&C 26:2).
The majority of the people are usually basically good and desire to follow the right way. “The right way is to believe in Christ, and deny him not” (2 Nephi 25:28–29). Only when the servants of Satan rule will the majority of the people choose iniquity, and then they face the judgments of God that will follow (Mosiah 29:27). The sad part is that many good people suffer because of the iniquity of others, but their reward will come in eternity.