Suddenly Seeking Values - Part IV
The Fourth Article of the Constitution gives us guidance on fairness among our government (the several states), recognition of the laws passed within each state, and recognition of the judgments of courts across state boundaries. It also gives us the principle of proving that we (our government(s)) are acting in good faith through PROVING that our laws and actions are in agreement with the Constitution.
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
The Fourth Article also gives us the principle of universality of our rights. Although much is given to procedural issues, the principles outlined are as follows:
Citizen rights are universal and applicable in all US jurisdictions.
Governments, and its representatives, are required to always act in good faith.
The Fifth Article outlines the means by which the Constitution can be changed, modified or amended. The important principle incorporated here is that changing the fundamental principles by which we govern ourselves should not be an easy task. Changing the fundamental principles should be a process that requires thought, debate, reason, and purpose. Again, the fundamental principle of preserving the rights of each citizen is the guiding light for all such changes. Therefore we can present the outlined principles as:
Changes in law, process or government requires careful thought and due process.
Changes in fundamental principles may not violate the Constitution as a whole.
The Sixth Article offers a principle that is written for financial reasons, but it can be extended to other, more intangible issues. This is also the article where the US has lost a lot of credibility because it requires that any treaty signed and ratified becomes an integral part of the Constitution--the "supreme law of the land"--and puts the onus of adhering to the treaty upon the government and its representatives. As we can easily see, the US has violated many treaties made with Native Americans, as well as several modern treaties. None-the-less, the fundamental principle is as follows:
Government must pay its debts and live up to its obligations.
While the Constitution has a role in establishing our government, giving rise to the structures and processes of government, it is also a document outlining principles by which we should govern, be governed, and interact between the several states, as well as interacting with other nations.
We have an inalienable obligation to put these principles into practice. Our obligation is absolute. When we fail to adhere to these principles, as we have on many issues and occasions, we become that which we ourselves have held to be inherently evil. We cannot say to the world that we are a nation of laws, that we have a set of principles by which we live, and that we have justice in our system, if we cast aside these fundamental principles and values.
While we must continue this discourse to include the Bill of Rights and other Amendments, let's review the list of principles discussed to date:
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.
15. Government representatives and officials must act in faith and commitment to the Constitution.
16. Constitutional principles apply to all aspects of government.
17. Governmental action must comply with the Constitution in the absolute.
18. The laws and actions of the government are subject to review by the judiciary.
19. There are no specific rules or methods of judicial review delineated by the Constitution.
20. Citizen rights are universal and applicable in all US jurisdictions.
21. Governments, and its representatives, are required to always act in good faith.
22. Changes in law, process or government require careful thought and due process.
23. Changes in fundamental principles may not violate the Constitution as a whole.
24. Government must pay its debts and live up to its obligations.
Given that the Constitution has seven articles and covers approximately eight pages of text (excluding signatures and amendments), the fact that the framers were able to incorporate twenty-four essential and fundamental principles is significant. Most writers tend to wander, expound and languish in their own writings. The framers of the Constitution were succinct and, yet, inclusive of ideas that have survived over two centuries of ever-increasing change. It will do us good to review these principles and keep them in the forefront of all our endeavors.
In the following sections the discourse will be on the Bill of Rights and the subsequent Amendments. We will not only discuss the principles outlined in these Amendments, but also the causes that brought them into being.
More to come…
September 23, 2005
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
The Fourth Article also gives us the principle of universality of our rights. Although much is given to procedural issues, the principles outlined are as follows:
Citizen rights are universal and applicable in all US jurisdictions.
Governments, and its representatives, are required to always act in good faith.
The Fifth Article outlines the means by which the Constitution can be changed, modified or amended. The important principle incorporated here is that changing the fundamental principles by which we govern ourselves should not be an easy task. Changing the fundamental principles should be a process that requires thought, debate, reason, and purpose. Again, the fundamental principle of preserving the rights of each citizen is the guiding light for all such changes. Therefore we can present the outlined principles as:
Changes in law, process or government requires careful thought and due process.
Changes in fundamental principles may not violate the Constitution as a whole.
The Sixth Article offers a principle that is written for financial reasons, but it can be extended to other, more intangible issues. This is also the article where the US has lost a lot of credibility because it requires that any treaty signed and ratified becomes an integral part of the Constitution--the "supreme law of the land"--and puts the onus of adhering to the treaty upon the government and its representatives. As we can easily see, the US has violated many treaties made with Native Americans, as well as several modern treaties. None-the-less, the fundamental principle is as follows:
Government must pay its debts and live up to its obligations.
While the Constitution has a role in establishing our government, giving rise to the structures and processes of government, it is also a document outlining principles by which we should govern, be governed, and interact between the several states, as well as interacting with other nations.
We have an inalienable obligation to put these principles into practice. Our obligation is absolute. When we fail to adhere to these principles, as we have on many issues and occasions, we become that which we ourselves have held to be inherently evil. We cannot say to the world that we are a nation of laws, that we have a set of principles by which we live, and that we have justice in our system, if we cast aside these fundamental principles and values.
While we must continue this discourse to include the Bill of Rights and other Amendments, let's review the list of principles discussed to date:
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.
15. Government representatives and officials must act in faith and commitment to the Constitution.
16. Constitutional principles apply to all aspects of government.
17. Governmental action must comply with the Constitution in the absolute.
18. The laws and actions of the government are subject to review by the judiciary.
19. There are no specific rules or methods of judicial review delineated by the Constitution.
20. Citizen rights are universal and applicable in all US jurisdictions.
21. Governments, and its representatives, are required to always act in good faith.
22. Changes in law, process or government require careful thought and due process.
23. Changes in fundamental principles may not violate the Constitution as a whole.
24. Government must pay its debts and live up to its obligations.
Given that the Constitution has seven articles and covers approximately eight pages of text (excluding signatures and amendments), the fact that the framers were able to incorporate twenty-four essential and fundamental principles is significant. Most writers tend to wander, expound and languish in their own writings. The framers of the Constitution were succinct and, yet, inclusive of ideas that have survived over two centuries of ever-increasing change. It will do us good to review these principles and keep them in the forefront of all our endeavors.
In the following sections the discourse will be on the Bill of Rights and the subsequent Amendments. We will not only discuss the principles outlined in these Amendments, but also the causes that brought them into being.
More to come…
September 23, 2005
posted by Jim Downey at 10:45 AM
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