Saturday, June 16, 2012

We the People

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

Interesting, even in the constitution there were provisions for controlling noise, literally “domestic Tranquility” means peace and quiet at home, of which for those who live around Delmar when the Delmar Speedway is going, have very little of.  We are taught at home, church and school to respect the rights of others and I don't care what Delmar Speedway does at night as long as they respect my right of being able to communicate with people in my house or out in my yard without having to scream over the sound of the racetrack.  Noise pollution interferes with the ability to comprehend normal speech and may lead to a number of personal disabilities, handicaps, and behavioral changes.These include problems with concentration, fatigue, uncertainty, lack of self confidence, irritation, misunderstandings, decreased working capacity, disturbed interpersonal relationships, and stress reactions.  Some of these effects may lead to increased accidents.  

Initially you may think you have very little control over noise outside your property, but if the constitution wants to insure domestic tranquility (one of six guarantees)  and most elected officials swears an oath that they will support the constitution than by God the elected officials have to ensure domestic tranquility.   The Federal Government recognised that one part of insuring domestic tranquility was to have a noise control act, however they dropped funding for it and now let the states handle the manner - but still Delaware State officials swear to uphold the constitution so it is time for them to get busy.

do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God

1 comment:

Ron Pagano JD said...

Howard...Although I understand and agree that there are times I would like to snuff out both the Speedway AND the railroad noise, I have to comment that your interpretation of "domestic Tranquility" is non-related to peace and quiet in our homes! I realize that you may have been writing this "tongue-in-cheek" or with a wry bit of sarcasm, however, we see far too many simplistic interpretations of our Constitution these days for me (or anyone) to stand by idly and allow the greatest document in history to be applied in such an incorrect manner.

The actual purpose and explanation of this phrase is to "maintain law and order (tranquility) within the country (domestic)." It refers to putting down rebellions and civil disturbances that can have a negative impact on the freedoms we all enjoy. It is in direct contrast to the next section, "provide for the common defence." There, the focus is aimed towards protecting each of the colonies (and the country) from attack by other countries or groups.

Let's stop trying to make the Constitution stand for ideas and concepts that are clearly incorrect and inapplicable. We have 200+ years of law and complex court decisions that should guide us; we don't need homegrown misinterpretations that some may think are true! Thanks!