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The U. S. Constitution and Community Service
The United States government is based upon the
framework adopted in 1781 as the U. S. Constitution. The design of
the government was based, in part, upon the Articles of Confederation and the
government institutions in Great Britain (either by the designs
themselves or the framers opinion of those documents). The purpose of this Constitution project is to analyze how the framework influences our organizations today and what we can learn from this document.
This project will review 10 statements written in the document and discuss the ramifications these have upon the United States and their relevance to non-profit management.
Below are ten panels associated with specific pieces of
Constitutional
statutes. Select a panel to begin by clicking on a button.
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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."
"Genius is 1% inspiration and 99% perspiration" (Edison, as
quoted by Walden University)
The preamble of the Constitution establishes the government of the United States as from the People where the rights of the government to even exist is based.
In the preamble, we see the framers understanding of collective good (e.g. common defense, general welfare, a more perfect union) as a prerequisite to a stable government/ society.
In a similar manner, NGOs can gain more from working with common
interests and building networks that further mutual interests (Kamensky
& Burlin, 2004).
The preamble describes a bit intellectual thought that prepared
the document, but the work and importance of the document is in
the rest of the articles and subsequent implementation. In a
similar manner, a great program mission or agency proposal
requires that the work is implemented to further that mission.
Article 1 Sec 8: Protection of Intellectual Property and Encouraging Discovery
"To promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Discoveries;"
"Stretch your horizons" (Walden University, n.d.).
The Framers respected intellectual achievement as well as the protection of the rights who achieve and make scientific discoveries.
The purpose of many NGO agencies is to foster and to encourage achievement in youth, underserved, dis-advantaged, or simply to provide an opportunity to grow
intellectually. An NGO can effectively use education to broaden its message, gain support, and to teach the community about the work done by the organization
and the people that are served by the organization. Using the community resources effectively can be a challenge for any organization,
but an agency can improve chances by tapping into the intellectual capability of the community.
Article 1 Sec 8: Elastic Clause
"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers,
and all other Powers vested by this Constitution in the Government of the United States,
or in any Department or Officer thereof."
"Expect the unexpected..." (Walden University, n.d.)
The Framers, with this clause, realized that they could not possibly envision all the challenges that were going to confront the government.
Here, they gave the Congress the ability to adapt legislation to meet the needs of the changing society.
Even the Confederate Constitution, espousing a so-called doctrine of states' rights, recognized this as an important mechanism for effective and flexible legislation.
This is critically important for NGO to realize that plans and missions today have to invoke
flexibility to meet the changes tomorrow.
Contingency planning and strategy development are most effective when they realize that unplanned events can change everything.
Projects and programs can be evaluated using strength, weakness,
opportunities, and threats assessments (SWOT) and continuously updated for relevance
(Oliver and Donnelly, 2007; Newsom et al, 2008).
Article 1 Sec 9: Writ of Habeas Corpus
"The privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety may require it."
"We have met the enemy and he is us" (as quoted by Walden University, n.d.)
This came from the Magna Carta after the King abused powers
presented to him by the Parliament in 1689 when the King
arbitrarily imprisoned people under the guise of conspiring
against the government (Morrison, 2008). The Framers realized
that our government can be our own worst enemy without any
safeguards for liberty even though the Magna Carta spelled out
more judicial rights which would later be contained in the
fourth and fifth amendments of the Constitution.
The importance being able to defend yourself against unreasonable imprisonment by the government.
For NGO, we find that our efforts to build effective programs
and missions can be destroyed by our own efforts if we are not
willing to look ahead to the consequences of our actions.
For example, grant money has to be spent as approved by the
grant, and any deviation may cause further funding to end.
As well, this could lead to problems in gaining new grants with
an unethical reputation.
Article 2 Sec 1: Oath of Office
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States,
and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
The oath of office is 35 words long but represents the framers intention of forcing the President to recognize the office to be secondary to the law
and as revelation from the Magna Carta (Pinkert as quoted by NPR on 14 Jan 2009).
This is in contrast to the monarchial regimes in where the king
or queen insisted they were the law instead of secondary to the law.
This suggests that all people of the United States, without exception, are under the law and the protection of the Constitution.
This is important point for NGO to understand that despite good intentions or one's idea of altruism, the NGO, along with its workers, must be ethical, legal and faithful to the community interests.
The community trust can be harmed by inconsiderate or illegal actions
by an unethical NGO and may affect many others around the NGO.
Amendment 1: Freedom of expression
"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances."
"Reframe and de-center" (Walden University, n.d.)
The basis of the revolution never made the original document, but the statutes
of the Bill of Rights have nevertheless been the most debated argued case of constitutional law because of its broad reach into society
with respect to items like obscenity, public forums, symbolic
speech, religious exercise in schools, and press privileges
(Cohen and Danelski, 1994).
The need for these rights to be secured from the federal government was so paramount, that this amendment was proposed
as part of the Bill of Rights in order to get more states to ratify the Constitution.
With rights, one has the responsibility to use them against
tyrannical and deceptive governments. People do not have to
simply agree with authority on matters, and as especially as
part of grassroots community services, this is a fundamental
principle of building a message. The forum (e.g. virtual
communications, brick and mortar forums, broadcast media, or
within group discussions) is were ideas are expressed and
debated. By seeing various points to issues, the
collective interests of the whole community will grow because we
are able to review issues and problems from different angles or
opinions. As well, social, scientific and political
changes impact the perception of the Bill of Rights statutes
despite their conservative nature (Jasanoff, n.d.). One may not agree with a point of view, but
instead, one may learn from a counterpoint.
Amendment 13: Slavery
"Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their jurisdiction."
"Make the strange familiar and the familiar strange" (Walden
University, n.d.)
A social injustice was finally corrected. Slavery was ironic to
the principles of the Declaration of Independence (that all
people are equal) and as long as slavery existed, some citizens
would be treated like property rather than as human beings.
For people in the South, slavery was a way and means of life
that was abolished by the amendment here. This was a
strange concept for southerners, and has arguably affected race
relations to this day. Labor costs suddenly changed without
slavery for those that depended upon cheap labor to maintain
large slave-dependent operations. This is the first of
many significant labor reforms to be followed by minimum wage
laws to ensure that people paid "living-wages". All domestic
organizations have to comply with this statue, along with
proceeding labor statutes, and furthermore, these statutes
present people as more worthy than profit and income. This
challenges the notions of American democracy fostering
aristocracy (Tocqueville, 1835; Domhoff, 2006).
Amendment 14, Sect 1: Civil rights must be guaranteed by states
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
How political legislation can change society
This amendment was in response to the Confederates attempting to re-enter the Union, and the Radical Congress of the day, wanted to make sure that the seceded states would not be able to get around the rights of citizens and slavery amendments.
The civil rights protections by the federal government can not be undermined by state legislations. This statute limits the power of the state to deny rights of an individual that are guaranteed by the federal government.
This provides for further protection against slavery practices that denied basic rights to citizens on a basis that the states could differentiate the rights.
This in, accordance with Amendment 1, has been how the Supreme Court ruled in Brown vs. Board of Education of Topeka, KS where a school segregation system was ruled unconstitutional due to inherent inequality of state
sanctioned segregation in schools. Since this landmark decision,
NGO realized the power of using the courts and legislation to
influence public policy (Merritt, 2005). Today, we can
still consider the constitutional law a a basis for the ability
and capacity to change social and political directions because
we have the rights inscribed as part of our federal and state
governments.
Amendment 15, 19, 24, 26: Extension of voting rights
"The right of citizens of the United States [, who are eighteen years of age or older,]
to vote shall not be denied or abridged by the United States or by any State on account of race,
color, [sex] or previous condition of servitude. "
"The right of citizens of the United States to vote in any primary or other election for President or Vice President,
for electors for President or Vice President, or for Senator or Representative in Congress,
shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
"
"Wear many hats" (Walden University, n.d.).
Each of the aforementioned amendments expanded the eligible voting base in the United States thereby expanding the rights of citizens to be able to participate in their government.
Yet, none of them would have existed without the voting majority
to secure those rights. Each of these required a
partnership or coalition to move enough votes across the country
to propose and eventually pass the amendments.
This suggests that NGOs should be cognoscente of other
organizations that help further mutual interests. For the
efforts of one (or one group) can be compounded by the
collaborative interests of the many working together (Schorr,
1997; Kamensky & Burlin, 2004).
This Constitution presentation is a project in accordance with
study at Walden University to understand what the Constitution can
teach us about public service. Find out more by clicking on
the image below
Excepts are quoted from the usconstitution.net edition
"Should you find yourself in a chronically leaking boat,
energy devoted to changing vessels is likely to be more productive than energy devoted to patching leaks."
- Warren Buffett
"Mr.
President, it is natural to man to indulge in the illusions
of hope. We are apt to shut our eyes against a painful truth,
and listen to the song of that siren till she transforms
us into beasts. Is this the part of wise men, engaged in
a great and arduous struggle for liberty? Are we disposed
to be of the numbers of those who, having eyes, see not,
and, having ears, hear not, the things which so nearly concern
their temporal salvation? For my part, whatever anguish
of spirit it may cost, I am willing to know the whole truth,
to know the worst, and to provide for it." -
from Patrick Henry before the House of Burgesses on March
23, 1775
(excerpt
from University of Oklahoma entry at http://www.law.ou.edu/ushistory/henry.shtml
)