Friday, February 22, 2019

making a declaration

 In thinking about yesterdays posting I had to ask myself a question. Shouldn't our laws reflect our morality? I believe that is the case. That's what morality is after all, the distinction between right and wrong. When Jefferson, Monroe and the others composed the Declaration of Independence they clearly stated what they believed to be wrong. Indeed, in the final sentence of the first paragraph they wrote, " they should declare the causes which impel them to do so. " The rest of that document lists the reasons for declaring our independence from Great Britain. The general consensus being, British law is unjust. Although the phrase wasn't popular in the day, I'm certain many were saying those laws were immoral! And what does that mean? They're wrong. The proof lies in that document when these words were penned, " we, therefore, the representatives of the United States of America, in general congress assembled, appealing to the supreme judge of the world for the rectitude of our intentions, " and so on. What are they saying? They are appealing to God for the rectitude ( morally correct behavior or thinking; righteousness). They believe they are correct and I have to say I agree with them. They went on to say they have a firm reliance on the protection of Divine Providence. In short, God's will.
 And so it seems clear to me that our laws were made with that in mind. Morality has to have a guideline doesn't it? In America it is clear that it is the Judeo-Christian traditions that establish our moral values. Traditionally our laws have delineated that. The only problem being, one that I mention frequently, is that you can not legislate morality. Morality is an individual thing. John Adams wrote, " Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " When we hear of the Constitution we think of it as a body of fundamental principles or established precedents, we think of laws. A constitution is also what makes something up, what composes it. The Constitution of the United States made the United States what it was/is. The question is, has our constitution changed? The answer is no, it has been amended twenty seven times but never changed. Remember the Constitution is the fundamental principles! The amendments came as a result of what? Shifting moral values is what I would say. Not being a scholar I can't back up that statement with references, quotes, facts or journals. I have no footnotes. The first ten, what we call the bill of rights, certainly address moral values. The very first two are discussed often. The second one is under attack these days. The right to keep and bear arms shall not be infringed! The statement is clear and concise. The right to defend yourself is a well established precedent among men. Amendments are intended to improve, or make right, a document. Amendments should not detract from the original document. Those first ten amendments, the bill of rights, were done with one purpose in mind, to amend, to make better, to improve , the original document. I'm not so certain that can be said about the rest of them. Politicians being politicians are responsible for that. The eighteenth amendment didn't improve or make right the Constitution. How was abolishing the sale of alcohol supposed to do that? It was a strictly political thing and was subsequently repealed thirteen years later by the twenty fist. That as opposed to the thirteenth, which abolished slavery. I think everyone would agree that was an improvement in that document. In fact it is a sad commentary on mankind that it even needed to be written, to be codified among civilized man.
 Well as usual I have wandered off a bit. I began by thinking about our laws. Our laws have become more about what is allowed than what is prohibited. Seems like a convenient shift in thinking from the original intent. Our constitution was instituted to form these values. A portion of the Declaration addresses this, " Prudence, Indeed, will dictate that governments long established should not be changed for light and transient causes: " As I listen to the proposals and see the changes being made I have to question their validity. Seems to me that many of these " laws " are implemented for light and transient causes. Seems to me a great number of these " laws " are implemented for the sake of convenience. It is far easier to just allow the action than to prevent, or prosecute. In our declaration we outlined the injustices that were perpetrated against us. In our constitution we delineated our fundamental principles of morality and justice. And what were those documents predicated upon? What moral authority? It's a question each of us have to answer, but sadly far too many fail to even ask. And where has that got us? Indeed as it says in the final paragraph of the Declaration, " with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor." Is anyone pledging anything, to anyone  anymore? We have laws that say you don't even have to Pledge Allegiance to the Flag! Think about that. 

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