OUR CONSTITUTION

This paper tells how the path this country has taken is the wrong one, In order to show this, the performance of our Government can be evaluated with the Preamble To The Constitution. Even though the Preamble is just one sentence long, it is a powerful introduction to the Constitution. It states the goals that our Fathers intended for our nation and what they hoped, with their strong foundation, we could become. You will find some suggestions and recommendations as well as some interesting quotes in italics from one of our founding fathers, Thomas Jefferson. Lets analyze our performance. This is the Preamble!

“When angry, count ten before you speak; if very angry, a hundred.”

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The Preamble explains the purposes of the Constitution, and defines the powers of the new government as originating from the people of the United States.

"Yes, we did produce a near perfect Republic. But will they keep it, or will they, in the enjoyment of plenty, lose the memory of freedom."

We the People of the United States! The founders wanted everyone to understand the goals they established for the nation were prepared by the people and for the people. 

"[Ours is] a government founded in the will of its citizens, and directed to no object but their happiness."

In Order To Form A More Perfect Union!  The government is not an assembly of the states, but of individuals. This is a government of the people deriving its power from the consent of the people.

"The only orthodox object of the institution of government is to secure the greatest degree of happiness possible to the general mass of those associated under it."

Establish Justice!  The Declaration of Independence says, "All men are created equal that they are endowed by the Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." The Constitution makes no distinction between the rich and poor or individual social status. All are equal before the law, and all are equally subject to judgment and punishment when they violate the law.

"The equal rights of man, and the happiness of every individual, are now acknowledged to be the only legitimate objects of government."

Insure Domestic Tranquility! The state governments are responsible to maintain order within their own borders. But behind them stands the federal government, which is constitutionally empowered to take the necessary steps to preserve the peace.

"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

Provide For The Common Defense! The Constitution divides the defense responsibility between the legislative and executive branches: Congress alone has the power to declare war and to appropriate funds for defense, while the president is commander-in-chief of the armed forces and bears primary responsibility for the defense of the country.

"[The European nations] are nations of eternal war. All their energies are expended in the destruction of the labor, property and lives of their people. On our part, never had a people so favorable a chance of trying the opposite system, of peace and fraternity with mankind, and the direction of all our means and faculties to the purpose of improvement instead of destruction."

Promote The General Welfare! This includes the guarantee of fairness, peace, security and protection for all the people and not just a select group of people.

"The first object of human association [is] the full improvement of  their  condition."

Secure The Blessings Of Liberty To Ourselves And Our Posterity! The first ten amendments to the Constitution are known as The Bill of Rights and are the blessings of liberty. The First Amendment guarantees the freedom of religion, freedom of speech, freedom of press, freedom to petition the government and the freedom of peaceable assembly.

"The freedom and happiness of man... [are] the sole objects of all legitimate government."

The emphasis placed on personal liberty by our founders was one of the most important features. Coming from a background of political and religious suppression, the founders were determined to preserve these freedoms. Our forefathers, in giving authority to the federal government, were careful to protect the rights of all persons by limiting the powers of both the national and state governments.

“My reading of history convinces me that most bad government results from too much government.”

Do Ordain And Establish This Constitution For The United States Of America! This means the Constitution would be created for the nation and that all the people of the United States of America would live under these laws.

Now lets check the performances of the Executive, Legislative and Judicial branches.

Close to the heart of every veteran and citizen of this nation was the proposed Constitutional Flag Amendment that read, “The Congress shall have power to prohibit the physical desecration of the flag of the United States." Congress was approving the amendment to go to the states for the people’s vote as required of all Constitutional Amendments. With a two-thirds majority needed, the House of Representatives voted 286 for and 130 against which approved the sending of the amendment to the states. The Senate voted 66 for and 34 against, one vote short of the needed two-thirds, therefore disapproving sending the amendment to the states. My question to those voting against the amendment is this… Since the United States Constitution is a “document by the people and for the people,” why would an elected official vote NOT to allow this to go to the voters?  It is interesting to note that Senators Biden (De), Clinton (Ny) and Obama (Il) voted AGAINST the Flag Amendment. I have not been able to get an answer as to why these Senators believe it is OK to desecrate (yes, even poop and pee) on the Flag of the United States of America. I have sent emails but never any response. I sent an email to Congresswoman Lois Capps of Santa Barbara asking why she voted against the Flag Amendment and the response I received said she does not respond to emails from people outside her district. She is a FEDERAL Congresswoman who voted against the flag Amendment. My tax money is paying her and she doesn’t respond?

While we are discussing flag issues, the Veterans Administration recently issued rules to all 125 National Cemeteries discontinuing the beautifully done Flag Folding Recitation at veteran funerals. The recitation tells the purpose of each of the thirteen folds of the flag that draped the coffin of the veteran. The Veterans Administration’s action was in response to ONE complaint at the Riverside National Cemetery where ONE observer objected to a Jewish verse in the folding procedure. Because of ONE complaint the ceremony is now rejected at all National Cemeteries. Veteran organizations have already said they will not comply with this rule. The National and State Commanders of the American Legion have ordered their Honor Guards to continue giving the Flag Folding Recitation and to disregard the order from the Veterans Administration. Isn’t it a shame that only one complaint can cause civil disobedience from a large veteran’s organization? This has been corrected by the Veterans Administration after receiving hundreds of thousands of complaints. But we can’t forget that someone in our government initiated this problem.

"I own I am not a friend to a very energetic government. It is always oppressive. It places the governors indeed more at their ease, at the expense of the people."

“If a law is unjust, a man is not only right to disobey it, he is obligated to do so.”

I submit as further evidence of general poor performance these governmental actions: These are a few of my examples but by no means does this encompass it all.  There are many more cases of bad decisions or inaction.

·        The Louisiana State and Federal Government response to the poor citizens

of  New Orleans during Hurricane Katrina.

·        General Colin Powell’s inaccurate intelligence presented to the United  Nations to justify the invasion of Iraq.

"The question of war being placed by the Constitution with the Legislature alone, respect to that [makes] it [the Executive's] duty to restrain the operations of our militia to those merely defensive."

·        The failure of Congress in recent years to pass meaningful legislation while the nation flounders with serious unanswered questions.

·        The Government and courts removal of religion from our lives when this country was founded with religion deeply imbedded.

“The natural progress of things is for liberty to yield

and government to gain ground.”

·        U.S. District Judge Consuelo B. Marshall’s decision regarding the case of U.S. Penitentiary Correctional Officer Scott Williams  killed by inmate Roy C. Green  on April 3, 1997. Inmate Green is a devout Muslim, who also goes by the name Haneef Bilal, Video tape of the incident shows as inmate Green approaches Officer Williams, he pulls his hands out of his pockets to reveal the two weapons  tied to his palms so they would not slip from his grasp. The inmate is seen

    coming from behind and thrusting the blade into      the officer's neck. Officer Williams never saw his    killer coming. He leaves a wife and two small girls.

    Judge Marshall’s decision? No trial! No prosecution!  And Green killed a Federal Officer! Four other Federal officers had serious wounds. Inmate Green has been

 found competent to stand trial by three Psychologists.

"At the establishment of our Constitution, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions nevertheless become law by precedent, sapping by little and little the foundations of the Constitution and working its change by construction before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account."

·        Congressmen and Senators are voting totally by their party line and not voting the will of the people at the expense of the nation.

“Tyranny is defined as that which is legal for the government but illegal for the citizenry.

·        Most federal agencies can not certify their financial transactions in accordance with the Governmental Financial Improvement Act passed by Congress in the mid 1990s. Defense Department and Homeland Security are two of the worse.

"I may further say that I have not observed men's honesty to increase with their riches.”

·        Veterans of our wars are not getting the best care they deserve from Veteran’s Administration. Our government officials tell us how good they are treated but investigation of some circumstances have shown this to be untrue. 

"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional as to how they perceive the Veterans of earlier wars were treated and appreciated by their country."

·        I don’t ever remember so much favoritism given big business in this country by our government. We know about some of the billion-dollar government contracts awarded Haliburton during the Iraq War and also during Hurricane Katrina. These were contracts awarded without competition. The unrestricted gouging of citizens by the oil companies and the pharmaceutical companies are further proof of big business favortism.

“Political offices are as acceptable here as elsewhere, and whenever a man cast a longing eye on them, a rottenness begins in his conduct.”

How do we fix this?

I propose that Congressmen and Senators are paid by the states they represent. This will make them much more accountable to the people who elected them.  If the state they represent is paying their salary and expenses, elected officials would be much more interested in proving their own performance. At the present time these representatives are paid with Congressional appropriated funds.

I propose we remove party leaders from their responsibilities on the floor of Congress. There is no reason why a leader should be allowed to determine what pending legislation will go to a vote. No one person should have this authority.

“Experience hath shown, that even under the best forms [of government] those entrusted with power have, in time, and by slow operations, perverted it into tyranny."

Federal judges need to be responsive to the will of the people. They should not be permitted to “legislate” and make decisions that effect the nation and are accountable to no one. Federal judges like Judge Marshall need to be held accountable to the people of the district they represent. They should not go unsupervised.

            "The sheep are happier of themselves than under the care of the wolves."

Government agencies should be reminded of their responsibilities to the people and penalties established for officials who make poor decisions and then hide behind the governmental bureaucracy.

“Government should be judged by how well it meets its legitimate objectives. Good government is that which most effectively secures the rights of the people and the fruits of their labor, promotes their happiness, and does their will.”

It is inexcusable that Government officials can not certify that their appropriations are free of fraud and misuse. I have read where Defense Department can not account for $280 million from last year’s appropriation.  Can you imagine that a federal agency does not know what their taxpayer appropriations are spent for? Obviously this is the case with Defense Department.  I believe this is an extremely important item in my list of poor performance by Government.  How can our government spend billions and not be able to adequately account for it to the taxpayers? Penalties should be established for the people responsible. This law has been in effect for approximately ten years and Homeland Security has been around for about five. Now, my question is, why wasn’t the Homeland Security financial departments established with financial systems that obeyed the law?

            "The whole art of government consists in the art of being honest."

My belief is that we still have the most progressive country in the world but we are  slipping in our role. Hopefully this paper will make people in authority think about the plight of our country, the United States of America.

"I am satisfied the good sense of the people is the strongest army our government can ever have, and that it will not fail them."

s/ Frank L. Grube