Michael Hobby theorizes that to preserve Nephite freedom, it was necessary to preserve Nephite control. Mosiah2 was successful in persuading the people to adopt a system of judges, with the lower judges elected by the people, most of whom were Mulekites. However, to ensure Nephite control, apparently the higher judges were appointed from selected Nephites (see Alma 4:16-17; 29:42; 46:4; 50:39; Helaman 1:13). According to Hobby’s theory, the reason such care was taken by Mosiah2 during the transfer of power from kings to the judges is that the liberty of the Nephites--ultimately the church--was at risk if a Mulekite, a descendant of Judah, should ever consolidate the reigns of power. While the brass plates were early on a symbol of kingship power for the Nephites, they ultimately contained verses which might have been a key source for disputation regarding kingship. If the Mulekites studied the brass plates, they would soon discover that the right of rule was originally conferred upon the tribe of Judah, not the tribe of Joseph from which the Nephites stemmed: "Judah, thou art he whom thy brethren shall praise: thy hand shall be upon the neck of thine enemies; thy father’s children shall bow down before thee… . The scepter shall not depart from Judah, nor a lawgiver from beneath his feet, until Shiloh come. (Genesis 49:8-12, my italics).
This was not a religious differentiation, but an ethnic one. Having this newly found right to kingship coupled with their Jaredite kingship heritage, some of the Mulekites would have sufficient ammunition to foster rebellion. [Michael M. Hobby, The Mulekite Connection, pp. 32-34] [See the commentary on Mosiah 28:10; Alma 2:1, 2:11]