Simone Lawson
The Preamble to the US Constitution is an introductory statement that outlines the intentions and purpose of the document. It is not a law itself but sets the stage for the highest law of the land. The Preamble's 52 words encapsulate six key goals: forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty for the present and future. These goals reflect the aspirations of We the People for their government and way of life as a nation, aiming to balance liberty and stability.
| Characteristics | Values |
|---|---|
| Outline for the Constitution's purpose | To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty |
| Introduction to the highest law | The preamble is an introduction to the highest law of the land, setting the stage for the Constitution |
| Communicating intentions | Clearly communicating the intentions of the framers and the purpose of the document |
| Preservation of liberty | To preserve liberty while promoting stability |
| Balancing act | To balance the strength of police forces to deter crime while preventing a police state |
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What You'll Learn
Forming a more perfect union
The phrase "form a more perfect union" is part of the Preamble to the US Constitution. The Preamble outlines the purpose of the Constitution and the fundamental values and principles of the newly independent nation. The phrase "form a more perfect union" implies that the progress of the American experience is never complete, and that there is always room for improvement.
The Continental Congress (1774-1789) was the first attempt at a unified government for the thirteen independent states that had emerged from the Revolutionary War. The Articles of Confederation, written in 1781, united the states as a loose confederation with a weak central authority. However, by 1787, it became clear that a stronger central government was needed. The Constitutional Convention of 1787 proposed a new constitution with a much stronger national government, which eventually came into force in 1789.
The phrase "form a more perfect union" recognises the need for a stronger central government that could effectively govern the newly independent states. It also reflects the desire to create a more unified nation, with a federal chief executive and a judicial system, while still protecting the independence of the individual states.
The effort to form a more perfect union is an ongoing process, as the US continues to strive for a more perfect union in the present day. For example, Congressman John Garamendi has stated that his work in Congress, such as voting for health reform bills, is a step towards forming a more perfect union.
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Establishing justice
The preamble to the US Constitution states its purpose as establishing justice, among other goals. The concept of justice in the context of the Constitution refers to the idea of fairness and equality before the law. It implies that all individuals are entitled to equal treatment and the protection of their rights without discrimination.
The framers of the Constitution intended for the Federal judiciary to function as the institutional custodian of justice. This means that the judiciary is responsible for interpreting and applying the law fairly and consistently, ensuring that justice is served in individual cases. Over the years, the judiciary's power has included creating a system of Federal private law, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution.
The preamble's reference to "establishing justice" sets the tone for the entire document, emphasizing the importance of fairness and equality in the legal system. It reflects the belief that justice is a fundamental aspect of a well-functioning society and democratic government.
Achieving justice in a constitutional democracy involves ensuring equal treatment by the government, particularly in terms of human rights. It also involves creating a balance between different interests and ensuring that the government acts in the best interests of its citizens. The preamble's goal of establishing justice is a guiding principle that influences the interpretation and application of the Constitution, ensuring that justice is a central consideration in all governmental actions.
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Ensuring domestic tranquility
The phrase "to insure domestic tranquility" in the Preamble of the Constitution refers to the goal of maintaining peace, harmony, and order within the nation. This goal emerged from the need for a strong federal government to prevent conflicts and promote stability, addressing internal disputes effectively.
The founding statesmen of the US wanted to create a central government that protected its citizens from outside threats and maintained a harmonious relationship with foreign allies. They also wanted to ensure that their government encouraged citizens to voice different opinions and engage in peaceful protests without fear of government censure or oppression.
The framers of the Constitution believed that maintaining peace and order was crucial to the young nation's survival. They had just gained independence from Britain and wanted to prevent internal conflicts from disrupting the nation's stability. "Domestic tranquility" refers to the absence of violence or disturbance within the country, creating a safe and stable environment for citizens to thrive.
The inclusion of "insure domestic tranquility" in the Preamble underscores the importance of order and social stability for a functioning democracy. It highlights the government's responsibility to create a peaceful and cohesive society, capable of effectively managing domestic challenges and upholding laws.
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Providing for common defence
The Preamble of the US Constitution outlines six goals, one of which is to "provide for the common defence". This goal emphasizes the importance of establishing and maintaining a strong national defence system to protect the country and its citizens. It empowers the legislative branch, or Congress, to take the necessary measures to ensure the country's security and safeguard its interests.
The "common defence" aspect of the Preamble is not just about military might, but also about ensuring the country has the necessary resources to defend itself and its values. This includes upholding the rule of law, preserving constitutional rights, and promoting justice. It is about ensuring the country has the means to defend itself against external threats while also maintaining internal security.
Congress, as the legislative branch, is tasked with passing laws and authorizing appropriations to strengthen national defence. This includes providing for a well-equipped and trained military, as well as supporting service members and their families. The National Defense Authorization Act (NDAA), for example, is a key piece of legislation that authorizes funding and policies for the Department of Defense, honouring the commitment to those serving in the armed forces.
The "provide for the common defence" clause also guides the interpretation of specific provisions in the Constitution. While it does not directly grant powers or rights, it influences how certain provisions are understood and applied. For instance, in the words of Justice Joseph Story, if there are two possible interpretations of a given power, the one that aligns with the "common defence" purpose may be favoured. This interpretive "push" helps ensure that the Constitution is applied in a way that strengthens the country's defences and promotes national security.
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Preserving liberty and promoting stability
The preamble to the US Constitution is a primary outline of the Constitution's purpose. The preamble's six goals are to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.
The goal of preserving liberty and promoting stability is a delicate balance that the US Constitution aims to achieve. The Founding Fathers designed the Constitution to preserve liberty and protect citizens from tyranny. This liberty is a fundamental principle of a constitutional republic, and the Constitution seeks to secure the rights and liberties of citizens.
The preservation of liberty is closely tied to the promotion of stability. The Constitution recognises that law enforcement is the missing link between anarchy and stability. It aims for a delicate balance where police forces are strong enough to deter crime but weak enough to prevent a police state. This "strong but weak" approach reflects the 18th-century Americans' discomfort with the idea of standing armies as a police force, a legacy of British colonial rule.
To achieve this balance, the Constitution favours arming militias and citizens over maintaining standing armies. This approach ensures that the government promotes the well-being of its citizens without infringing on their liberties. The promotion of general welfare, as stated in the preamble, does not grant the government unlimited power but is qualified by the specific powers granted to it.
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