Simone Lawson
The US Constitution was established to address the weaknesses of the Articles of Confederation and create a stronger, more effective government. The six reasons for its establishment, outlined in the Preamble, are: 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 prosperity.
| Characteristics | Values |
|---|---|
| To form a more perfect union | To unite the states into a cohesive entity, fostering cooperation and support among them |
| To establish justice | To set up a legal system that defines and protects the rule of law, ensuring fairness and equity |
| To insure domestic tranquility | To maintain peace within the nation, preventing civil unrest and disorder |
| To provide for the common defense | To protect the nation from external threats, establishing a united military force for the security of all states |
| To promote the general welfare | To support the well-being of citizens, including public services like education and infrastructure |
| To secure the blessings of liberty | To protect individual freedoms and rights for current and future generations |
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What You'll Learn
To form a more perfect union
The US Constitution was established, in part, "to form a more perfect union". This means to create a stronger and more effective government than what existed under the Articles of Confederation, allowing the states to work together cohesively.
The Articles of Confederation were America's first attempt to govern itself as an independent nation. They united the states as a confederation—a loose league of states represented in Congress. However, many Americans viewed the Congress as defined by the Articles of Confederation as too weak to make the states obey congressional mandates.
The Continental Congress (1774-1789) was a coordinated effort to resist the British and, with the outbreak of the Revolutionary War, it became the central institution for managing the struggle for American independence. Independence brought new issues: how could 13 separate self-governed states unite? What form would that union take?
The Constitutional Convention of 1787 proposed a new constitution establishing a much stronger national government. Although this controversial new constitution provoked a great deal of resistance, it was eventually ratified by the necessary number of states, replacing the Articles of Confederation as the framework of the United States government.
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Establish justice
The US Constitution's preamble outlines six purposes, one of which is to "establish justice". The preamble sets the stage for the Constitution, introducing the document and communicating the intentions of its framers. It is not the law itself, but rather an introductory statement of the core values that the law exists to achieve.
The framers of the Constitution intended for the Federal judiciary to function as the institutional custodian of justice. The establishment of federal courts created a uniform legal system across the country. The judiciary's power has included creating a system of Federal private law, joining with Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies validated by statutes and the Constitution.
The preamble's statement of purpose to "establish justice" does not confer powers or rights, but the provisions that follow should be interpreted in a way that is consistent with the purpose for which they were enacted. The intention behind "establish justice" is to create laws that would provide a fair procedure to solve conflicts. This includes creating a government that builds laws to give tranquility to its citizens and protect them.
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Insure domestic tranquility
"Insuring Domestic Tranquility" is one of the six reasons for establishing the US Constitution. The phrase "insure domestic tranquility" means to ensure peace and order within the country, promoting harmonious living among its citizens. The US Constitution is the supreme law of the land, and the preamble, which includes this phrase, serves as an introduction to the document, outlining its objectives.
The Founding Fathers added this phrase to the Preamble to emphasize the government's responsibility to maintain peace and order within the country. This commitment to domestic tranquility is reflected in the Constitution's establishment of the three branches of government: the executive, legislative, and judicial. The Constitution also provides the framework for the federal government's interactions with state and local governments.
The implementation of this commitment to domestic tranquility is seen through laws, law enforcement, and other governmental structures designed to ensure the safety and peace of communities. For example, the establishment of police forces and laws against violence are direct applications of this principle, aiming to create a peaceful society.
The inclusion of "insure domestic tranquility" in the Preamble establishes that a key function of the government is to promote peace among its citizens and prevent domestic conflict. This foundational requirement of the government has been cited in Supreme Court cases, demonstrating its ongoing significance in interpreting and applying the Constitution.
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Provide for the common defence
"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 above excerpt from the Preamble of the United States Constitution outlines the six key purposes for its establishment. Here is a detailed explanation of the fourth purpose, "to provide for the common defence":
The purpose of "providing for the common defence" in the US Constitution is to protect the nation from external threats and challenges. It involves establishing a united military force that ensures the security of all states within the country. By including this provision, the Founding Fathers recognised the importance of a unified defence strategy to safeguard the country and its citizens.
A critical aspect of "providing for the common defence" is the establishment of a strong and cohesive military. This includes the creation of a centralised command structure, the development of a well-trained and equipped military force, and the ability to coordinate responses to external aggressions. It also involves fostering alliances and partnerships with other nations to strengthen the country's global position and enhance its security.
The clause grants Congress the power to lay and collect taxes, duties, imposts, and excises to fund the common defence. This ensures that the necessary financial resources are available to maintain a robust military and defend the nation effectively. Additionally, it enables the government to allocate funds towards research and development, technological advancements, and strategic initiatives to stay ahead of potential threats.
Moreover, "providing for the common defence" extends beyond military preparedness. It encompasses a comprehensive approach to safeguarding the nation, including border security, intelligence gathering, and countering cyber threats. It also involves fostering international cooperation to address global challenges, such as terrorism and cybercrime, through diplomacy and collaborative efforts.
In conclusion, "providing for the common defence" is a critical aspect of the US Constitution, ensuring the nation's security and protection from external threats. It establishes a united military force, grants Congress the power to allocate financial resources, and guides the country's defence strategy to safeguard the interests and well-being of its citizens.
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Promote the general welfare
The US Constitution's preamble outlines six purposes, one of which is "to promote the general welfare". This purpose focuses on the well-being of citizens, ensuring that the government helps to create conditions for a prosperous society.
The national Constitution addresses economic and social rights prominently but with little specificity. The Preamble states that an overriding purpose of the US Constitution is to "promote the general welfare", indicating that issues such as poverty, housing, food, and other economic and social welfare issues facing the citizenry were of central concern to the framers.
Article I, Section 8, Clause 1 of the US Constitution states that "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". This clause gives Congress the power to decide which expenditures will promote the general welfare.
While the Constitution addresses economic and social rights, the Bill of Rights has been largely interpreted to provide procedural mechanisms for fair adjudication of those rights rather than guaranteeing social and economic assets. For example, the Supreme Court has ruled that while the due process clause of the 14th amendment ensures fair processes for welfare recipients, there is no underlying constitutional right to a minimum standard of living.
In contrast, many state constitutions articulate positive rights to welfare, health, education, and the right to work. For example, the New York State Constitution states that "the aid, care and support of the needy are public concerns and shall be provided by the state…in such manner and by such means" as the legislature shall determine. Similarly, the Constitution of North Dakota provides a specific right to education, stating that "the legislative assembly shall provide for a uniform system of free public schools throughout the state."
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