Friday, December 4, 2009

Understanding Our Constitution - Part 15 - The Preamble

The Preamble acts as an introduction - stating the intent of the Constitution. The powers and limitations of the federal government are clarified in the content of the document. Courts have used the preamble as evidence of what our Founding Founders perceived and envisioned for our republic.
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 the Constitution for the United States of America .
We the People” - the first phrase of the preamble - could be considered the most significant of all the phrases. It clarifies the point that the people were creating the Constitution - establishing Popular Sovereignty.

Of the United States” - reaffirms what had been established in the Articles of Confederation - the name - “The United States of America”. Instead of giving our new nation a unique name, our Founding Fathers established a name that clarifies that our nation is made up of sovereign states that have chosen to unite under one federal government.

In Order to form a more perfect Union” - is a statement that confirms the main reason for the convention - to create a “more perfect” nation.

The Articles of Confederation focused on states rights and gave little power to the federal government. No means to enforce the powers of the federal government were provided. One vote was allocated to each state in the Congress. Because each state’s priorities were in retaining their rights, there was a great deal of bickering and fighting - resulting in very little getting accomplished in their Congress.

Establish Justice” - Each state had their own laws and judicial system. Although the Articles established freedom of movement where anyone could pass freely between states, it excluded fugitives from justice. Fugitives were to be extradited to and tried in the state in which the crime was committed.

Posses went after a fugitive and instead of bringing him back to trial would conduct a lynching. Fugitives who managed to escape into another state and avoid a lynching were not always extradited. Punishment in each state didn’t always “fit the crime”.

Insure domestic Tranquility” - One of the reasons the convention was called was because of Shays Rebellion - where farmers revolted against the government of Massachusetts. People wanted action taken to assure the peace. State militias were allowed and encouraged but, in times of peace, were rarely called to action.

Provide for the common defence" (actual spelling in the Constitution) - The Articles of Confederation stated that no state could have a standing army or navy. They could not engage in war without permission of the Congress. An army could be raised for common defense of the states, but no such permanent army existed. International politics & possible Indian attack were a cause for concern.

Promote the general Welfare ” - This is an all-encompassing statement that reaffirms the benefits that a federal government can provide. A strong national government could help assure “justice, tranquility, and defense”.

And secure the Blessings of Liberty to ourselves” - this was a priority issue for the founders. They had fought long and hard for their independence - to remove themselves from tyranny - & wanted to assure the stability of their nation.

"And our Posterity" - Future generations needed to be guaranteed that they inherited the same liberty and rights as their predecessors.

"Do ordain and establish" - By being ordained, the Constitution is established by decree or law. The term “ordained” is usually used in a religious context. Our founding fathers, recognizing a higher power, chose to use this term rather than “enacted” - that has a legal but no religious connotation.

"The Constitution for the United States of America” - this phrase officially names the document and restates the name of our republic.

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