Jonah Patel
The US Constitution is an act of We the People, deriving its power from the people and not from a king or Congress. The preamble, drafted in 1787, sets the stage for the Constitution, communicating the intentions of the framers and the purpose of the document. It begins with the powerful words 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.. The meaning of We the People has been debated throughout history, with women's suffrage activist Susan B. Anthony challenging the country to expand its definition to include all people, regardless of gender or race.
| Characteristics | Values |
|---|---|
| The source of power | The people |
| The intentions of the framers | To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty |
| The purpose of the document | To act as a social contract between the government and the people |
| The role of the preamble | To introduce the highest law of the land and set out the aspirations of the people |
| The concept of popular sovereignty | Power to the people |
| The role of elections | A corrective mechanism to hold leaders accountable |
| Inclusion and equality | A ongoing process of striving towards a more inclusive and equal union |
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![We the People: The Citizen and the Constitution, Level 2 [Student Edition]](https://m.media-amazon.com/images/I/91b6YPItJTL._AC_UY218_.jpg)
What You'll Learn
The concept of popular sovereignty
The idea of popular sovereignty was also expressed in Article VII of the Constitution, which required that nine states approve the proposed framework before it became the supreme law. Additionally, popular sovereignty is reflected in Article V, which outlines the process for amending the Constitution through elected representatives of the people. The founding of the United States and its Constitution set a standard for popular sovereignty as the basis for establishing and sustaining popular government.
The American Revolution marked a significant shift in the concept of popular sovereignty, as American revolutionaries sought to replace the sovereignty of King George III with a collective sovereign composed of the people. This revolutionised the understanding of legitimate government, asserting that governments are only legitimate if they are based on the sovereignty of the people. The Declaration of Independence of 1776 further emphasised this principle, stating that legitimate governments derive their powers from the consent of the governed.
In summary, the concept of popular sovereignty recognises the people as the ultimate source of political authority and legitimacy. It asserts that governments derive their power from the consent of the governed and are accountable to the people they represent. Popular sovereignty has been a foundational principle in the establishment and functioning of democratic governments, particularly in the United States.
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The intentions of the framers
The preamble, drafted in six weeks during the summer of 1787, sets the stage for the Constitution, communicating the intentions of the framers and the purpose of the document. It outlines the basic principles that the framers agreed upon, including the establishment of justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty for themselves and their posterity.
The framers intended for the courts to play a central role in safeguarding the Constitution and protecting the rights of individuals. They recognised that in a self-governing society, the courts must generally defer to the preferences of the majority while also guarding against arbitrary or unreasonable governmental actions. The framers understood that they were entrusting future generations with the responsibility to interpret and give concrete meaning to the broad principles of the Constitution over time.
The framers also recognised the concept of "state sovereignty," where certain matters are susceptible to government regulation at the state level rather than the federal level. They understood the phrase "People of the United States" to mean "nationals and citizens," reflecting the idea that the political community is comprised of individuals who are subject to the laws and protections outlined in the Constitution.
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The role of the preamble
The Preamble to the United States Constitution, beginning with the words "We the People", is an introductory statement of the Constitution's fundamental purposes and guiding principles. It was added to the Constitution during the final days of the 1787 Constitutional Convention by the Committee on Style, led by Gouverneur Morris. The Preamble does not define government powers or individual rights, nor does it assign powers to the federal government or limit its actions. Instead, it sets the stage for the Constitution, communicating the intentions of its framers and their purpose.
The Preamble outlines the aspirations of "We the People" for the government and the nation. It expresses the desire 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". These objectives reflect the Founding Fathers' intentions and their vision for the Constitution.
Courts have referred to the Preamble when interpreting the Constitution's meaning and understanding the Founding Fathers' intentions. It serves as evidence of the historical context, intent, and spirit of the Constitution. The Preamble has been used to support arguments in court cases, such as in deciding whether a proposed project constitutes a "public use" by referencing the promotion of "general Welfare" mentioned in the Preamble.
The Preamble also plays a role in inspiring and educating citizens about the Constitution. It is often used in educational settings and community programs to stimulate discussion and encourage reflection on the principles and values outlined in the Constitution.
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The meaning of We the People of the United States
The phrase "We the People of the United States" is part of the Preamble to the United States Constitution. It is an introductory statement that outlines the fundamental purposes and guiding principles of the Constitution. The Preamble was added to the Constitution during the final days of the 1787 Constitutional Convention, with Gouverneur Morris leading the effort.
The phrase "We the People" has been interpreted as affirming that the national government created by the Constitution derives its sovereignty from the people. It signifies that the government under the Constitution was established to govern and protect "the people" directly, as a unified society, rather than governing only the individual states. The preamble also communicates the intentions of the framers and the purpose of the document, which is 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".
The interpretation of "We the People" has been a subject of debate throughout American history. Women's suffrage activist Susan B. Anthony, for example, challenged the country to expand its definition by asserting that the phrase refers to "the whole people—women as well as men". Similarly, William H. Hastie, the first black federal judge in the United States, recognised that democracy is a continuous process of improvement, reflecting the ongoing efforts of individuals and groups to align the country with its democratic ideals.
In a legal context, the phrase "People of the United States" has been understood to refer to "nationals and citizens". This interpretation implies that non-citizens are excluded from the political community referenced in the Preamble. However, it is important to note that the Preamble is not the law itself, and it does not define government powers or individual rights.
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The promise of equal protection under the law
The United States Constitution is an act of "We the People", representing a general social contract. The Preamble to the Constitution, drafted in six weeks during the hot Philadelphia summer of 1787, sets out the aspirations of "We the People" for our government and our way of life as a nation. The Preamble was placed in the Constitution during the final days of the Constitutional Convention by the Committee on Style, with Gouverneur Morris leading the effort.
The Equal Protection Clause, located at the end of Section 1 of the Fourteenth Amendment, states that "No state shall [...] deny to any person within its jurisdiction the equal protection of the laws." This clause was added to the Constitution in 1868, marking a significant shift in American constitutionalism by applying more constitutional restrictions to the states. The Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, and the Equal Protection Clause was a crucial part of this, guaranteeing equal protection under the law for all citizens.
The addition of the Equal Protection Clause to the Constitution was motivated by the desire to validate the equality provisions contained in the Civil Rights Act of 1866, which provided that all citizens, regardless of race or color, had the right to equal protection by law. This Act was enacted due to the inequality imposed by Black Codes, which subjected Black people to inferior treatment and chattel slavery.
The Equal Protection Clause has been central to many Supreme Court decisions, including Brown v. Board of Education (1954), which helped dismantle racial segregation, and Obergefell v. Hodges, which legalized same-sex marriage. The clause has also been invoked in arguments to protect the rights of various other groups. While the Equal Protection Clause only applies to state and local governments, the Supreme Court has held that the Due Process Clause of the Fifth Amendment requires equal protection under the laws of the federal government.
The Equal Protection Clause is essential for the protection of civil rights, as it enables individuals to bring lawsuits against governmental bodies that have violated their guaranteed equal rights. To succeed in such a lawsuit, an individual must prove that the governing body's action resulted in actual harm to them. The court will then scrutinize the governmental action using one of three methods: strict scrutiny, intermediate scrutiny, or rational basis scrutiny.
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Frequently asked questions
The phrase "We the People" in the US Constitution signifies that the power of the Constitution comes from the people, not a king or Congress. This concept of popular sovereignty is the foundation of the Constitution.
The meaning of "We the People" has been debated throughout American history. Women's suffrage activist Susan B. Anthony argued that the phrase referred to "the whole people—women as well as men".
"We the People" was added to the Constitution to communicate the intentions of its framers and the purpose of the document. The phrase was placed in the preamble, which serves as an introduction to the highest law of the land.
