Clarksville Journal

Clarksville Journal

Editorial for 01/08/2006

A Possible Strategic Vision for the Montgomery County

The County is working on a Strategic Vision and asking for input from citizens around the community. The request is for each department to look to the future and outline what they hope the Community will be like in the year 2025. Some of the things that I would like to see by 2025 are as follows:

Consolidated Government (With the bugs worked out by that point)

Alternative traffic route thru New Providence (possible?) and with cross and lateral road net-work for traffic management and traffic Cameras available thru the internet.

Light weight public transportation system (including rail and light weight buses)

All residences in the city on public sewer, and the sewer system expanded into the outer reaches of the county.

New Providence area urban renewal.

De-conflict School System and County and City and state and Federal Governments) Clearly defined fully funding and accountability system of the School System.

Employment System: Creation of a Civil and Executive Services system for County/City employees.

Theme Park (Six Flags, Disney, Dolly, or who ever)

Higher Education - Austin Peay State University Institute of Technology and Austin Peay University Law School.

Corporate headquarters located in Clarksville/Montgomery County (white collar jobs).

Manufacturing Centers (High Tech, Automotive, etc)

Historic Tourism (including settlement of the area, history of the native Americans in the area, Settler/Native America inter-action, Tobacco/river port history, Civil War activities in the area, World Wars and Military History, (including “Bird Cage”) Genealogy of the area, and etc.).

Marina on the Cumberland or the Red Rivers (Privately funded?)

Civic Hall (Public/Private partnership Funded?)

Conference Center (properly located and privately funded?)

All Public Records, and Public Services accessible via Internet.

The case for public literacy

The Republic can not long be sustained on meals seasoned with deception and deserts sweetened with falsehoods.

Have you been following the debate about the nature of the U.S. Constitution? Is it an "Original Intent" fixed document or is it a "Living Document"? Like everyone, I also have and opinion, but unlike some, my analysis is based upon the plain meanings of the words (See Webster’s) in the Constitution and logic.

The Founding Fathers answered that very question in the document its self. The procedures setup to amend the Constitution are hard evidence that the founding father understood that the document might need to be changed over time and designed procedures by which such changes could be made. The Founding Fathers also added the final point to the argument by adding the 10th Amendment that in essence states that unless powers were specific granted to the branches of the federal Governments in Constitution, then they “are retained to the states or the people”.

Amendment X

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.

The Founding Fathers defined in specific terms the powers of each of the three branches of federal government and thereby set limits on the powers of each. The Legislative branch formulates laws, the executive branch enforces those laws, and the Judiciary Branch administers those same laws. The Constitution did not grant to the Judicial Branch the power to interpret laws in such a way as to in effect write or formulate new laws, no more that it granted such powers to the Executive Branch.

Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The power to make law was retains to the Congress alone – period.

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The debate as often turns to the question of the “Separation of church and State” and I dare you to find that in the often quoted Amendment below.

Amendment I

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.

The Article above prevents the Congress from establishing a national religion. It in fact restricts all of the branches of the Federal Government as it pertains to the enumerated rights (see Article I Section 1 above), because only Congress can write laws. While many states have adopted similar language, this Article on its face, does not restrict religious rights of the states or the people, but specifically restricts the Federal Congress because it is the only law making body. The Congress through negligence has however allowed the courts continue to make decisions “prohibiting the free exercise thereof” religion. Please, just read the Article for yourself.

While some people will interpret this discourse as political, it is not intended as such. It is intended to ask questions about our standards of literacy and intellectual honesty. We see the freedom of speech misused to allow the misstatements of fact and to redefine words without ever directly facing a challenge by anyone.

As an example, several years ago, I was watching C-Span and the Speaker of the House was speaking passionately about a pending bill when he said something to the effect that “the constitution demands that we guarantee the general welfare”. My instant reaction was “say what”. When you read the following, you will see the problem. I am sure that a legislative aide has corrected the official record, but that is in fact what he said. We all support the general welfare but the document says “promote” not “guarantee”

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.

When we hear court using the Federalist Papers or Thomas Jefferson’s letters or even European Law to justify their decisions, it should concern all of us. Why you say? It is fundamental logic. The states of this Republic ratified “The Constitution” based upon the plan language understanding of the words in that document. They did not ratify the Federalist Papers or any Letters of Thomas Jefferson, nor European Law. To try and justify a court decision based upon something not agreed to by the states inside the four (4) corners of the Constitution is a "legislative act" and thereby prohibited by the very document that was ratified (Article I, Section 1).

We need to advocate a literary program and evaluation for Legislators and Judges. They really should be able to read and understand the plain language in the Constitution; after all, as you watch all of this, you might conclude that it really must be difficult challenge.

Remember, if the public is kept uninformed, then the public will believe what ever they are told by those in power. The Republic can not long be sustained on meals seasoned with misrepresentations and deserts sweetened with falsehoods.

A statement of principled goals upon which we should agree.

All Children deserve and must have a safe, loving and nurturing home, free of drugs and violence.

All Neighborhoods must be safe and crime free.

All Schools must be safe, and free of both drug and violence.

The public school system is not the sole arbiter of what is in the best interest of the community's children, but is responsible for their public education.

All Schools should be dedicated to measurable standards of excellence.

All Parents must accept responsibility for their offspring and must set a positive example for emulation.

All Teachers must accept responsibility for the results of their teaching and as servants of the community, be accountable to the citizens.

Law enforcement officers must obey the laws as well as enforce them and always set a positive example for the community's children.

Every public employee must be a guardian of the public trust and must be accountable for all public actions as well as the money and equipment so entrusted.

Elected public leaders must be accountable to the citizens for every public dime taken in the name of the public trust. They must set the standard of propriety for the community and set positive examples for the children.

Self is always last in the list of interest.

Just a thought for consideration:

All that we accomplish must be done in the light of today, but under the shadow of yesterday, while looking with hope for the approaching tomorrow.

In our efforts to serve the community, we as servants of the people, know that sometimes hard decisions are required of us, but those decisions must always be made within the sight of the public.

About Consolidation.

The discussions about consolidation of the city and county governments are now underway again. As these discussions go forward it is imperative that we include the central demand into the equation. Any consolidation of government functions must have the protections for all citizens and especially those living outside the city current limits.

Tax payer's bill of rights - Referendum on tax issues by demand. Taxpayers have the final say on tax matters.

Upon Passage of consolidation- immediate hiring freeze to prevent the bloat that some will attempt in effort to study everything to death.

Different Service Districts in which Citizens pay taxes only for the services that are received.

Restrictions to preclude the expansion of a service district without first providing the service to the areas (or at least within the first year). Failure to provide such service would represent a failure to perform in accordance with contract and monetary penalties would be applied.

Campaign Finance restrictions - Candidates restricted to only take donations for those people that live in the Ward/District. City/County wide candidates restricted to only taking donations from individuals whose primary residence is within the City/county.

Public employees prohibited from taking active part in campaigns. (Especially Public Safety Employees.). (Little Hatch Act to protect the integrity of the organization and get and keep Council/City Politics out of Law Enforcement.)

Organize and consolidate the departments in accordance with the Constitutional offices, so that each department will have an elected leader, Accountable established directly to the people.

21 member Council - elected by wards. The Mayor elected by city/county at large. Vice Mayor elected by majority vote of the Council to be the Chairperson of the Council. Mayor has veto but no vote or standing in the council. The Mayor executes the mayoral executive functions and the submission of the budgets and recommended plans of action.

Vice Mayor is the Chairperson of the "Budget and Finance Committee", as well as the Chairperson of the "Committee of the Whole". He chairs no other committees.

The Sheriff and six council members elected by the council established as the "Police and Safety Committee".

As many services as can should be established on a "Fee for service " basis, and those services that can be privatized should be privatized.