Observations©

By Donald S. Conkey

Date: February 15, 2007 - # 907 – Local Government in action (811)

The Founding Fathers, were they around today to observe the current debates (via letter writing to the editor and peaceably assembling) over land use planning (zoning) here in Cherokee County, would be proud of the two documents of government they created for our generation to exercise their rights and responsibilities to self govern themselves, namely the Declaration of Independence and the Constitution.

            Any one interested in government has to be pleased in the way these issues are being presented – plenty of rhetoric with no blood shed (yet). With the exception of the first clause of the First Amendment dealing with religion, we see in this current debate the rest of the First Amendment – freedom of speech, use of the press to express opinions, the right to peaceably assemble, and the right to petition their government for a redress of their grievances – being fully exercised.

We, as a community, need to remember there are still millions who cannot exercise these “unalienable rights,” as Jefferson called them, in those 70 plus nations where such rights are not guaranteed.  Power grabs continue in our generation, even in our own nation, and the desire to control thought is the end goal for would be tyrants, including those whom I describe as the termites of republican democracy. Their first goal was, and continues to be to remove God from the public debate, especially from the schools, even thought the Declaration openly uses the words God, Creator, and Supreme Judge of the World, the very words these “termites” want to deny society’s use of.

Especially proud would be George Mason, Governor Edmund Randolph, and Elbridge Gerry, the three Founders who, standing on principle alone, withstood the criticism of fellow Founders and refused to sign the original Constitution. As a result of their courage, and principles, the United States, and world today has what we cherish as the Bill of Rights. It is difficult to phantom what this nation would be like today without these first ten amendments.

It has been extremely interesting to sit in my wheel chair and read the continual flow of letters to the editor, and especially pleasing has been the effort of some writers to reference the Constitution of the United States. It has been many years since the public has been treated to such interesting, and yes, even challenging thoughts regarding the foundational documents of our government.

Apparently the group that calls themselves “Cherokee Citizens for Property Rights” have taken of Jefferson’s Declaration words – “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, …” – to heart and set about to alter the government they see as “destructive” to their rights. This is their right, and in their eyes, their responsibility. It will be interesting to watch this group get better organized and then watch how they face the challenges that lie ahead of them in resolving this issue.

Jefferson, however, in his wisdom, added a caution in the Declaration to those who would throw out a good government over a trivial matter. His words read, “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes: and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.”

These words need to be understood more clearly by those Americans unhappy with the direction their government is currently headed, or in having the principles instilled by the Founders overturned by judicial legislation, especially on issues contrary to Jefferson’s “laws of Nature’s God.”

But none of the quotes referencing the Constitution mentioned one of its primary authorizing sections – the last paragraph of Section 8. It reads: ‘To make all Laws which shall be necessary and proper for carrying into Execution the forgoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Technically, however, our local issue is not covered by the Constitution because Amendment X states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Cherokee County’s charter was issued by the State of Georgia and establishes its form of government, and includes the establishment of boards, including‘ zoning boards.’

Now, while these issues are still fresh in our minds, would be a good time for all county citizens to review the DVD “A More Perfect Union” and better understand just how difficult it was for 55 men, all well educated, to agree on a document that has allowed this nation to exist, with freedom, for 220 years –  with only 27 amendments. (DVD available at www.nccs.net)