Malcolm Rivera
The Preamble of the US Constitution is a 52-word paragraph that outlines the intentions and purpose of the document. It is not a law but serves as an introduction to the highest law of the land. The Preamble communicates the six goals behind the enactment of America's charter of government, which include forming a more perfect union, establishing justice, insuring domestic tranquility, providing for the common defense, promoting general welfare, and securing the blessings of liberty.
| Characteristics | Values |
|---|---|
| Form a more perfect Union | Creating a better government than British colonial rule |
| Establish Justice | Making a fair judicial system with equality among the people of the United States |
| Insure domestic Tranquility | Maintaining peace within the country's borders |
| Provide for the common defense | Defending the country against any threats |
| Promote the general Welfare | Regulating food and medication, providing food stamp programs, and housing for low-income families |
| Secure the Blessings of Liberty | Protecting the freedoms fought for in the revolution for future generations |
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What You'll Learn
Establish Justice
The Preamble of the US Constitution, in its first fifty-two words, introduces the six goals behind the enactment of America's charter of government. The six goals are: forming a more perfect union, establishing justice, insuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty to ourselves and our posterity.
This answer will focus on the "establish justice" goal of the Preamble.
"Establish justice" refers to the creation of a fair judicial system that guarantees equality for all Americans. The framers of the Constitution intended for the Federal judiciary to act as the institutional guardian of justice, serving as a co-equal branch of government. The Federal judiciary's power has evolved to include creating a system of Federal private law, collaborating with Congress and Federal agencies in administering regulations, defining property and privacy rights, and ordering social remedies supported by statutes and the Constitution.
One of the most significant aspects of Federal judicial power is its ability to declare Acts of Congress and State legislatures unconstitutional. This power allows the judiciary to act as a check on the legislative branch, ensuring that laws are consistent with the Constitution and protecting the rights of individuals and minorities.
The "establish justice" goal also extends beyond the Federal level. It includes the establishment of state and local judicial systems, law enforcement agencies, and legal procedures that ensure equal justice under the law. This includes guaranteeing the right to a fair trial, the right to legal representation, and the right to due process for all Americans, regardless of race, gender, or social status.
In summary, the "establish justice" goal of the Preamble is about building a fair and equal judicial system that protects the rights of all Americans. It empowers the Federal judiciary to act as a guardian of justice, ensuring that the laws of the land are just and consistent with the values enshrined in the Constitution.
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Insure domestic Tranquility
The Preamble of the US Constitution, the first fifty-two words, introduces the intentions of the framers and the purpose of the document. It is not a law itself but sets the stage for the Constitution. The Preamble plainly states that the nation would be governed by its people and describes the six goals behind the enactment of America's charter of government. One of these six goals is to "insure domestic Tranquility".
The purpose of "insuring domestic Tranquility" is to maintain peace within the country's borders. This means peace and quiet at home, in America, as opposed to in other nations. For the Framers, tranquility meant the absence of riots, rebellions, and similar symptoms of social disorder. They were greatly concerned with domestic tranquility because social disorder had become an increasingly common, dangerous, and fearful state of affairs in the new states. Social disorder threatened the political stability of the country, which had a weak central government that could not control the conflicts taking place in the states.
Today, laws enacted by Congress that promote domestic tranquility include those dealing with terrorism, providing the government with the capacity to enforce the laws and keep the peace, providing for national security, providing for and protecting peaceful assemblies and demonstrations, and providing citizens with peaceful means of attempting to monitor the actions of their government and air their grievances.
The goal of insuring domestic tranquility is also linked to the goal of "establish [ing] Justice", another of the Constitution's six goals. Justice refers to fairness, and the concept has long been divided into three types: distributive justice, procedural justice, and corrective justice. Distributive justice refers to the fairness of the distribution of benefits and burdens among persons or groups in society.
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Provide for the common defence
The phrase "provide for the common defence" is one of the six goals outlined in the Preamble of the US Constitution. The Preamble sets the stage for the Constitution, describing the intentions of its framers and the purpose of the document. It is not the law itself, but rather an introduction to the highest law of the land.
"Provide for the common defence" refers to the federal government's responsibility to defend the country against any threats that may arise. This includes not only military defence but also encompasses actions that ensure the safety and security of the nation and its citizens.
The interpretation of this goal has been a point of contention, with some arguing that it gives the federal government broad powers to act in the name of "defending" the nation. Progressives, for example, have used this clause to justify federal actions that may be seen as unconstitutional, such as national healthcare and federal education programs. Similarly, conservatives have defended certain actions, such as the existence of the TSA, surveillance programs, and the construction of border walls, under the guise of "providing for the common defence."
However, it is important to note that the Preamble does not confer any powers or authority. Instead, it provides a framework for interpreting the Constitution. The specific powers of Congress are delegated in Article 1, Section 8, which includes the power to "provide for the common Defence and general Welfare of the United States." This power is further qualified by the understanding that any taxes collected and funds spent must benefit the United States as a whole, not partial or special interests.
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Promote the general Welfare
The Preamble of the US Constitution is a 52-word paragraph that introduces the intentions of the framers and the purpose of the document. It is not a law in itself but sets the stage for the Constitution, which is the highest law of the land. The Preamble includes six goals, one of which is to "promote the general Welfare".
"Promote the general Welfare" is the fifth goal stated in the Preamble. This goal is about keeping US citizens happy with their government and avoiding the turmoil and chaos that led the founding fathers to write the Constitution. It involves ensuring that the essential needs of the people are met and that they have access to opportunities to improve their lives. This includes, for example, the regulation of food and medication sold in the nation, food stamp programs, and housing support for low-income families.
In terms of the government's powers, this goal is reflected in Congress's power to lay and collect taxes, duties, imposts, and excises to provide for the general welfare of the United States. The Court has evaluated Spending Clause legislation using various factors, including that spending must be in pursuit of the general welfare. This determination is largely left to Congress to decide which expenditures will promote the general welfare.
However, the Court has also questioned whether the general-welfare requirement is judicially enforceable. Under modern case law, the Tenth Amendment is not interpreted as a bar to a conditional offer of federal funds that satisfies the Court's five-factor analysis. This suggests that the Court's role in enforcing the general-welfare requirement may be limited.
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Secure the Blessings of Liberty
The Preamble of the US Constitution is an introductory statement that outlines the intentions and core values of the document. It is not a law and does not define government powers or individual rights. However, it is an important statement of purpose that sets the stage for the Constitution and describes the six goals behind the enactment of America's charter of government.
One of the six goals mentioned in the Preamble is "to secure the Blessings of Liberty to ourselves and our Posterity". This phrase is a declaration of the Constitution's purpose to protect individual freedom and preserve the liberties that the revolution fought for. It aims to ensure that the freedoms and rights enjoyed by the current generation are also secured for future generations.
The inclusion of "secure the Blessings of Liberty" in the Preamble reflects the aspiration of "We the People" to have a government that respects and upholds individual liberty and freedom. This value is inherent to the Constitution and is a fundamental principle upon which the nation was founded.
By including this phrase in the Preamble, the framers of the Constitution recognised the importance of liberty and freedom in the nation's governance. It serves as a reminder that the government's role is to safeguard these rights and ensure they are passed down to future generations. This statement of purpose guides the interpretation and application of the Constitution, ensuring that individual liberty remains a central consideration in America's charter of government.
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