Suddenly Seeking Values - Part II
The fist business of our Constitution is the delineation of the legislative branch of the government. The model outlined in the text is significantly powerful and is adopted by all but one state throughout our history. Once the structure of the congress is outlined, the business of the legislative branch is specifically laid out for us. In so doing the founding fathers give us some principles to follow regarding our laws, our processes of government and the way our legislators should act. These principles include the following:
EQUITY IN TAXATION: "Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers…" Clearly the principle of sharing the burden of paying for our government is to be shared in an equitable manner. While the issue of native Americans, indentured servants and slaves was set aside during the Constitutional Convention, and these issues were not fully addressed until 1964, the principle is still present in the text: taxes must be assessed in an equitable manner. Since this was a major issue that brought about the difficulties leading to the Declaration of Independence, the issue of fair taxation, equally born by every citizen or resident of the nation, is fundamental to the thinking of our founding fathers and the principles of representative government. It is unfortunate that this principle has been cast aside in so many subtle and not-so-subtle ways.
EQUITY IN REPRESENTATION: The Constitution lays out the method of determining the number of Representatives and Senators, balancing out the struggle between the desires and rights of the population with the desires and rights of state governments, as well as the power of the federal government on the whole. The principle of having a balanced representation based upon population as well as a pro forma approach based upon an equal number per state in the union is clearly articulated. By design and principle, it is clear that the founding fathers believed in fair and balanced representation. The principle of representation was tied directly to the cry for independence (as was taxation). We, as citizens and residents of the states in union, have an inalienable right to equitable representation. The principle is so powerful a notion that state legislatures have adopted it, and it has been the basis of many lawsuits involving state governments and federal legislation.
FREE SPEECH IN REPRESENTATION: "They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place." The principle of free speech as a vital and essential liberty in the process of representing the people was so valued that the founding fathers made sure that no police power or authority could impede, hinder or act against a representative except for the most serious of crimes. The principle of free political speech is a right not only of the legislators, but inherently held by the people themselves. The principle of free speech is later emphasized in the First Amendment, but it is given its foundation early in the development of our legislative branch.
SEPARATION OF POWERS: "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." The separation of the powers of government is so fundamental that it is emphasized throughout the Constitution. The ultimate principle derived from the separation of the powers is a clear system of checks and balances that prevents any body, group or division from gaining too much power. The separation of powers, and the requirement that the military take direction from the civilian leaders of government, is the reason we have never had a successful coup de gras in our history. The principle that there be no overwhelming center of power is essential to good government. It is also a foundation for the separation of theology, ideology and state. Later, the Constitution prohibits congress from establishing a religion. This prohibition is recognition of the corruptive role theology had played throughout the history of the world. While each and every member of the Constitutional Convention had their respective religious beliefs, these beliefs were to be practiced on an individual basis, not as a foundation for government.
INTERDEPENDENCY: The power of the veto was explicitly given to the executive branch, with a provision of overriding the veto if enough of a consensus could be built in both houses of congress. Add to this the power of judicial review later delineated in the text, and we can clearly see that the founding fathers set a strict principle of interdependency and counter-balance in our government. While there may be powerful lobbies, corporations and persons of influence affecting the laws and process of government, this fundamental interdependency requires, even in the most contested issues, reason and agreement as to the nature of laws. While there is definitive separation of powers, there is also definitive interaction and interdependency among the three branches of government. As history has unfolded, we can see that political ideologies have, on many occasions, corrupted this and related principles, allowing a concentration of power in lobbies, corporate entities and persons of influence that are not governmental in nature.
COMMERCE: The founding fathers recognized the need for a uniform approach to the regulation of exchanges, of all types, between the people of the United States and all external entities, as well as between the citizens and residents of the different states. The Commerce Clause, and its subsequent clauses, gives the power to centrally regulate certain specific issues that would otherwise created discontent, inconsistency and unworkable approaches should they be handled in any other manner. Included in the power to regulate commerce are immigration, duties on trade goods, establish rules of bankruptcy, establish the postal service, punish counterfeiters, establish lower courts, deal with maritime laws, provide protection for intellectual properties, maintain a military, suppress insurrections, declare war, and establish a capital center. The underlying principle is that other principles of good government and the protection of rights for and of the people shall be incorporated into the process of regulating commerce. Obviously this is a principle that has not been given a lot of credence in our history. Indeed, it could be argued that the underlying principles have often been cast aside to allow business entities--especially corporations and influential person--privileges and protections that are repugnant to the Constitution on the whole.
OPEN GOVERNMENT: That there is a prohibition on bills of attainder, a right of habeas corpus, restrictions on the suspension of rights and laws, no laws passed after the fact, accountability of expenditures, and a general openness of all governmental functions is a foundation principle of good government and freedom. As is further delineated in the Bill of Rights, the government must function in full view of the people (with certain exceptions based upon a compelling interest) and cannot operate in secrecy. These seven constitutional principles are delineated in Article I of the Constitution. Combine these with the principles delineated in the Preamble of the Constitution, and we have the first fourteen constitutional principles:
1. Government is derived from the people: rights, power and authority belong to the people.
2. Government must strive to be better, always seeking the highest possible principles and standards.
3. Justice is a mandated principle: our laws and processes must be just and equally applied.
4. Government exists to serve, protect and preserve the people: government cannot be self-serving.
5. Government has a duty to protect the people from all hazards and threats, regardless of cause.
6. Government must promote the welfare of the people: the rights of the people have first precedence.
7. Government must preserve liberty and focus on internal issues as a first priority.
8. Taxation must be equitable and equally born by all persons in the nation.
9. Governmental representation must be equitable and balanced.
10. Free political speech may not be hindered, impeded or prohibited in our political processes.
11. Governmental powers and authority must be separately exercised and practiced (checks).
12. Governmental processes are interdependent and require reasoned interaction (balances).
13. Principles of good government and the protection of the rights of the people are paramount.
14. Government, with very few exceptions, must operate in the open, under scrutiny of the people.
As we move forward, our journey through the Constitution will provide additional principles. These fourteen principles are significant in that they give us the beginnings of a measuring stick by which we can judge the actions of our government, our leaders, our laws and our commitment to life, liberty and the pursuit of happiness.
September 23, 2005
EQUITY IN TAXATION: "Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers…" Clearly the principle of sharing the burden of paying for our government is to be shared in an equitable manner. While the issue of native Americans, indentured servants and slaves was set aside during the Constitutional Convention, and these issues were not fully addressed until 1964, the principle is still present in the text: taxes must be assessed in an equitable manner. Since this was a major issue that brought about the difficulties leading to the Declaration of Independence, the issue of fair taxation, equally born by every citizen or resident of the nation, is fundamental to the thinking of our founding fathers and the principles of representative government. It is unfortunate that this principle has been cast aside in so many subtle and not-so-subtle ways.
EQUITY IN REPRESENTATION: The Constitution lays out the method of determining the number of Representatives and Senators, balancing out the struggle between the desires and rights of the population with the desires and rights of state governments, as well as the power of the federal government on the whole. The principle of having a balanced representation based upon population as well as a pro forma approach based upon an equal number per state in the union is clearly articulated. By design and principle, it is clear that the founding fathers believed in fair and balanced representation. The principle of representation was tied directly to the cry for independence (as was taxation). We, as citizens and residents of the states in union, have an inalienable right to equitable representation. The principle is so powerful a notion that state legislatures have adopted it, and it has been the basis of many lawsuits involving state governments and federal legislation.
FREE SPEECH IN REPRESENTATION: "They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place." The principle of free speech as a vital and essential liberty in the process of representing the people was so valued that the founding fathers made sure that no police power or authority could impede, hinder or act against a representative except for the most serious of crimes. The principle of free political speech is a right not only of the legislators, but inherently held by the people themselves. The principle of free speech is later emphasized in the First Amendment, but it is given its foundation early in the development of our legislative branch.
SEPARATION OF POWERS: "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." The separation of the powers of government is so fundamental that it is emphasized throughout the Constitution. The ultimate principle derived from the separation of the powers is a clear system of checks and balances that prevents any body, group or division from gaining too much power. The separation of powers, and the requirement that the military take direction from the civilian leaders of government, is the reason we have never had a successful coup de gras in our history. The principle that there be no overwhelming center of power is essential to good government. It is also a foundation for the separation of theology, ideology and state. Later, the Constitution prohibits congress from establishing a religion. This prohibition is recognition of the corruptive role theology had played throughout the history of the world. While each and every member of the Constitutional Convention had their respective religious beliefs, these beliefs were to be practiced on an individual basis, not as a foundation for government.
INTERDEPENDENCY: The power of the veto was explicitly given to the executive branch, with a provision of overriding the veto if enough of a consensus could be built in both houses of congress. Add to this the power of judicial review later delineated in the text, and we can clearly see that the founding fathers set a strict principle of interdependency and counter-balance in our government. While there may be powerful lobbies, corporations and persons of influence affecting the laws and process of government, this fundamental interdependency requires, even in the most contested issues, reason and agreement as to the nature of laws. While there is definitive separation of powers, there is also definitive interaction and interdependency among the three branches of government. As history has unfolded, we can see that political ideologies have, on many occasions, corrupted this and related principles, allowing a concentration of power in lobbies, corporate entities and persons of influence that are not governmental in nature.
COMMERCE: The founding fathers recognized the need for a uniform approach to the regulation of exchanges, of all types, between the people of the United States and all external entities, as well as between the citizens and residents of the different states. The Commerce Clause, and its subsequent clauses, gives the power to centrally regulate certain specific issues that would otherwise created discontent, inconsistency and unworkable approaches should they be handled in any other manner. Included in the power to regulate commerce are immigration, duties on trade goods, establish rules of bankruptcy, establish the postal service, punish counterfeiters, establish lower courts, deal with maritime laws, provide protection for intellectual properties, maintain a military, suppress insurrections, declare war, and establish a capital center. The underlying principle is that other principles of good government and the protection of rights for and of the people shall be incorporated into the process of regulating commerce. Obviously this is a principle that has not been given a lot of credence in our history. Indeed, it could be argued that the underlying principles have often been cast aside to allow business entities--especially corporations and influential person--privileges and protections that are repugnant to the Constitution on the whole.
OPEN GOVERNMENT: That there is a prohibition on bills of attainder, a right of habeas corpus, restrictions on the suspension of rights and laws, no laws passed after the fact, accountability of expenditures, and a general openness of all governmental functions is a foundation principle of good government and freedom. As is further delineated in the Bill of Rights, the government must function in full view of the people (with certain exceptions based upon a compelling interest) and cannot operate in secrecy. These seven constitutional principles are delineated in Article I of the Constitution. Combine these with the principles delineated in the Preamble of the Constitution, and we have the first fourteen constitutional principles:
1. Government is derived from the people: rights, power and authority belong to the people.
2. Government must strive to be better, always seeking the highest possible principles and standards.
3. Justice is a mandated principle: our laws and processes must be just and equally applied.
4. Government exists to serve, protect and preserve the people: government cannot be self-serving.
5. Government has a duty to protect the people from all hazards and threats, regardless of cause.
6. Government must promote the welfare of the people: the rights of the people have first precedence.
7. Government must preserve liberty and focus on internal issues as a first priority.
8. Taxation must be equitable and equally born by all persons in the nation.
9. Governmental representation must be equitable and balanced.
10. Free political speech may not be hindered, impeded or prohibited in our political processes.
11. Governmental powers and authority must be separately exercised and practiced (checks).
12. Governmental processes are interdependent and require reasoned interaction (balances).
13. Principles of good government and the protection of the rights of the people are paramount.
14. Government, with very few exceptions, must operate in the open, under scrutiny of the people.
As we move forward, our journey through the Constitution will provide additional principles. These fourteen principles are significant in that they give us the beginnings of a measuring stick by which we can judge the actions of our government, our leaders, our laws and our commitment to life, liberty and the pursuit of happiness.
September 23, 2005
posted by Jim Downey at 10:26 AM
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