Categories
politics

Our Constitutional Foundation

My preferred perspective about Memorial Day is that it is not simply a day to remember those who have given “the last full measure of devotion” but also a day to reflect on what it is they were protecting. To do that we must look to the foundation of our country. In that mindset I have been reviewing the Constitution.

Our federal government is comprised of three branches. First, the Legislative branch which is composed of a Senate, with representation by state, and the House of Representatives with representation by population. The legislative branch is where laws are made. Second, the Executive branch which is responsible for commanding the military and, with the consent of the Senate, making treaties and appointing other officers of government as necessary. This power is wielded by the President. Third, the Judicial branch which consists of the Supreme Court and other courts as designated by Congress. The courts officiate in law suits, criminal and civil. The Supreme Court has appellate jurisdiction in all cases and original jurisdiction where federal official or a state is a party to the suit.

Each state is required to accept “the public Acts, Records, and judicial Proceedings of every other State.” In addition, the United States is to guarantee that each state has a republican form of government. Two thirds of each house of congress, or two thirds of the state legislatures are required to propose amendments. Three fourths of the state legislatures are required to ratify an amendment. Nine of thirteen (virtually three fourths) of states were required to ratify the constitution to make it effective.

The first amendment prohibits congress from making laws to establish religion or prohibit the free exercise of religion. This applies to our attempts to prohibit the exercise of religious belief by Iraqis in establishing their government. We should not prohibit their free exercise. This also applies to the Church of Secular Purity. This amendment also protects our rights to peaceably assemble and say/write what we think.

The second amendment rules that citizens have the right to keep and bear arms, but it does not specify that they may own any kind of arms without limitation, or that they can take those arms any place without restriction. There is a fair amount of discretion still available there. Connected to that, the third amendment states that citizens cannot be forced to house soldiers in times of peace. The fourth amendment declares that citizens and their property shall be protected from unreasonable search or seizure.

The fifth amendment provides that we may be spared repeated trials for a single crime and that we need not witness against ourselves. It also provides that citizens shall be compensated when private property is taken for public purpose. The sixth amendment guarantees that we have access in criminal cases to a public trial by an impartial jury in the place where we are accused of committing a crime. It also stipulates that the accused must be allowed counsel and the opportunity “to be confronted with the witnesses against him.” The seventh amendment stipulates that in civil cases involving more than $20 the right to trial by jury stands. The eighth amendment prohibits cruel or unusual punishments.

The ninth amendment specifies that just because a right is not listed in the constitution is not sufficient proof that such right does not exist. The tenth amendment specifies that any power not specified as the jurisdiction of the federal government shall be reserved to the state governments. (I wonder why that seems not to have been applied.)

The eleventh amendment prevents a citizen from suing a state in federal court.

The twelfth amendment separates the presidential and vice-presidential votes rather than awarding the vice-presidency to the second highest vote-getter among presidential candidates. The twentieth amendment specifies the time for changes of president. The twenty-second amendment specifies a limit of two terms per president. (Some kind of term limits should be placed on Senators and Representatives as well.) The twenty-third amendment grants an electoral vote to the District of Columbia. The twenty-fifth amendment specifies that the vice-president becomes president if a president dies in office.

The thirteenth amendment abolished slavery. The fourteenth amendment alters apportionment and other issues left from the abolishment of slavery.

The fifteenth amendment specifies that race cannot be used to discriminate in a citizen’s right to vote. The nineteenth amendment later gave voting rights without regard to gender. The twenty-fourth amendment would later clarify that defaulting on taxes could not be used as an excuse to deny voting rights to a citizen. The twenty-sixth amendment lowered the age for voting from 21 to 18.

The sixteenth amendment allows for income tax.

The seventeenth amendment changes the way senators are chosen from being chosen by state legislatures to being chosen by direct, popular vote.

The eighteenth amendment makes it illegal to produce or distribute liquor. The twenty-first amendment repealed this almost fifteen years later.

The twenty-seventh amendment specifies that congressional pay increases do not go into effect until after a new congressional election. (This would be more useful if we had term limits or pay increases were only active for the successors of those who voted for the increase.)

If we understand our foundation we might recognize the limits of the society that we can build. We can also know how and when to alter the foundation if we do not like the society that it is producing.

Categories
politics

Balanced Government

I have long believed that Utah needs balanced government. I have made most of the same arguments on this issue as were raised in that article. Having a single party in power does not generally provide the give-and-take, compromise-and-entertain-new-ideas environment that is the strength of a democratic society. One of the problems that encourages the current dominant-party situation in this state is the blurring of the proper separation of state and federal government. (And you thought I was going to talk about church and state separation.) One of the major causes for this blurring is that the federal government has been given power in many areas that were once reserved to the states. The It’s-a-Small-World mentality means that we think everything is local and we have to make our local decisions based on national implications.

The Utah County Democratic Party tried to make some distinction between different spheres of government last year by adopting a platform that was less like the platform of the Democratic National Committee and more closely aligned to the mainstream voters of this very conservative region. Now they face some resistance from local democrats who are more in favor of the national platform. In a place where the other party has more than 10 times the number of members your party has the initial move makes sense, but what does that imply about the relationship between the national party and the county party? How far from the national platform can you go and still retain the party name?

I don’t know the answer, but I do know that the idea that there should be no correlation between the platforms is as useless as the idea that there should be no variation between them. I hope that the balance here can be found so that Utah will have two viable parties throughout the state and not a ruling party and an opposition party such as we now have.

Categories
life

More Than a Hero

As I have continued to think about the heroes after my post yesterday I have tried in my own mind to clarify the definition of hero more fully. One thought that I had was that a hero was someone you could emulate – someone you could hope to follow or who you could hope to become. Another thought was that the ultimate hero in my life is my Savior.

The moment that I tried to add Christ mentally into my list of heroes I encountered a problem. While a hero is someone that I would wish to emulate – and Jesus certainly qualifies there – Christ presents a problem in that all of the people who I might classify as heroes I have hope that I could do the things that they have done to be heroes to me. With Christ that is only partially true. I can hope to care for others as He did and strive to obey the commandments of God as He did, but His heroism goes well beyond anything that I could ever hope to do. He gave a gift to me and the world that I could never hope to give – the opportunity to return to our heavenly home. All the good that I could ever do would pale in comparison. More importantly, all the good I could ever do would be worthless if He did not also give the gift that He gave to the world.

He has thus separated Himself from all others who I might call heroes because whatever is good and worthy of emulation in them I could hope to duplicate in my life. My conclusion is that there must be a separate category for Christ. Either He is the Hero and all others could be classified as models, or else they are heroes and He has a designation all His own – perhaps LORD.

Categories
culture

Heroes and Idols

Laura and I were having a fascinating conversation with good friends which rolled around to the topic of teaching children about their future roles as adults. We got to talking about the types of role models that children have and the messages that they are being fed from our society about those adult roles. Out of that conversation came the following gem – speaking about a person being sensitive to the needs of those around them and responding to the needs of others rather than being focused on their own needs and their own image:

“That’s the difference between being a hero and being an idol.” Denise Black

The meaning being that an idol is someone who we might look up to who is more concerned with their image than their substance while a hero is more concerned with being worthy of emulation than they are with their level of popularity. In case anyone is wondering, there are those among the ranks of our social idols (musicians, athletes, actors) who qualify as heroes under this definition. The key is to help our children understand the difference between the idols and the real heroes.

Categories
culture

Mob Intelligence

I love reading Terry Pratchett, for the humor, but I just discovered an extremely useful mathematical equation in Maskerade to calculate the intelligence of any mob.

“The IQ of a mob is the IQ of its most stupid member divided by the number of mobsters.”

Now if only we had an accurate definition of what a mob is – a definition that catches mobs even when they are not wielding clubs and other weapons.

Categories
life

Too Helpful

I have been thinking a lot lately about one of the lessons that I have learned as a parent. Sometimes it is very easy to be too helpful to our children. We may want to tell them more than they can understand, or assist them in doing something when the real lesson they should be learning is to continue in the face of challenges. The beauty of this problem is that we make these mistakes with universally good intentions.

Categories
technology

Inherently Unequal

My whole family is getting over being sick (here’s a story about that) and as I reflected on the experience I was thinking how nice it would have been to have the kinds of beds they had 150 years ago (pre-industrial age) where you would clean a mattress after someone threw up on it by emptying it, washing the cover, and then filling it with fresh stuffing. The old, soiled filler could be discarded or burned. Now we have mattresses that are “permanent” so when my daughter wakes up from her nap throwing up we have to clean all the covers and try to clean the mattress and then live with the fact that it’s never going to be entirely clean.

When we moved from temporary mattress filling to permanent mattresses we did not keep all the beneficial traits of the old mattresses. Perhaps someone should market a disposable sick-bed. Hospital beds have vinyl coverings so they can be wiped, disinfected, and covered with new sheets. Crib mattresses (at least the ones we have) are the same, but regular mattresses have lost that trait from the mattresses that our great-great-grandparents used to have.

I’m not suggesting that we should go back to those mattresses – though I was tempted to when the thought first struck me. I think we have many products to help mitigate that difference. However, the thought struck me that there is no such thing as a flawless upgrade when we start using new technology like that. There is always some characteristic that we might overlook which has its benefits. It’s something to think about as we rush onward with new technologies and find that it is easy to see their strengths. Sometimes we have to take a step back and see if we might have missed some strengths from the old technology.

Categories
life

Define “Neighbor”

Reading the parable of the Good Samaritan today I noticed something interesting. The Savior did not answer the same question that the lawyer first posed to Him. The lawyer sought to justify himself by asking who his neighbor was (Luke 10:29) hoping to define the scope of those whom he should love as himself. I had understood the lesson of the parable to indicate that the answer was that all are my neighbors. This is true, but it is not the whole substance of what Christ answered.

At the end of the story, Christ returns a question to the lawyer, “Which now of these three, thinkest thou, was neighbour unto him that fell among the thieves?” (Luke 10:36) The thing that caught my attention was that this question reframes the idea of neighbor. It is not for me to strive to determine who falls within the definition of who is my neighbor. It is for me to become neighbor unto all whom I might encounter. In other words, the question is not, “who is my neighbor?” but rather, “who am I neighbor to?”

Categories
culture life

Curbing Bad Behavior

I was troubled as I read Scott’s post about some of the ridiculous side effects of Zero Tolerance Policies in schools. I thought that served as one more example of thing I would rather not have my kids learn by going to public schools. Luckily for me, my kids have not started school yet and we can be aware of this issue and make decisions accordingly. Little did I think that similar problems would hit closer to home when my workday ended.

After arriving home I learned that two of the boys I work with in scouts were spreading some very malicious and graphic rumors about my next door neighbor – who also happens to be our primary babysitter. If I did not know her I would wonder if the story was entirely accurate. What they said was so hurtful that she wishes she could avoid church, school, and anywhere else that she might run into them.

I have known that one of these two boys has a tendency to pick on people around him but this was worse than I would have expected. The other boy is a bit younger, and was probably following where his friend led. I now wonder what I can or should do about this – besides making sure that the parents of these boys are told. I ask this from the perspective of wanting my neighbor to feel safe in her own neighborhood (not that they were making threats, but emotionally safe) and also what I can do as a scout leader to make sure the boys understand that this behavior is totally inappropriate.

I recognize that there is a certain element of “boys will be boys” to this, but the thing I have come to understand about that phrase is that it is no excuse for bad behavior. What it should mean is that we recognize that young people will make mistakes – that’s part of growing up through our teenage years – and that we should not give up on them when they do stupid things like this. What kind of leadership do we demonstrate if we do not take an active part in condemning their actions and expecting them to do better in the future?

Categories
life

Real Personal Improvement

Laura and I were talking while we were driving today and it got me thinking about a truth that I had recognized a couple of years ago. As I reflected on my own personal growth in a variety of areas, and in consequence of a recent change that I had made at the time, I realized that real personal improvement – the kind that lasts – is not a result of sheer willpower. Real, lasting improvement is a matter of some inner change that is not entirely within our control. We certainly have some influence because we are not going to make a change to improve ourselves if we do not have any desire to improve, but desire alone is not enough. My recognition of this was solidified two years ago when I actually recognized my brain making that quantum shift as it occurred.

I was driving between Columbia Missouri and St. Louis nearly 2 years ago and the thought passed through my brain, “Why are you driving so fast, you have nothing to prove to anyone. In fact, you are strong enough to drive the speed limit even if other people are passing you.” I slowed down and have driven the speed limit ever since – even on the roads where the speed limit seems slower than it should be. (The exception was when I was going to the hospital for the birth of my fourth child – Laura told me to speed. The hospital is a 20 minute drive from our house. Isaac was born less than an hour after we arrived at the hospital.)

This change was not the result of a goal, or persistence on my part. I have a basic desire to obey the law. I was conscious that I had held the speed limit in low esteem (except school zones). But I was not actively working to quit speeding. I admit that normally I find that this change of self occurs in relation to something that I am actively working to change, but the change is something that I cannot control.

I have heard it said that if you can keep a habit for a given period of time or a given number of repetitions then it will be established. I think that repetition makes things easier, but real change (the religious term would be conversion) is where your very nature is changed such that the old habit no longer applies. It is the reverse of therapy by which you become changed through the changing of your habits. This is where your habits change because you have changed. That type of change is not strictly a matter of willpower and repetition.