Jonah Patel
The US Constitution's preamble outlines the document's purpose and the intentions of its framers. The preamble is not a source of legal power or rights, but it does set out the core values that the Constitution aims to achieve. One of the five objectives outlined in the preamble is to establish Justice. This phrase has been interpreted as a call to create a government that will meet the needs of the people and protect their liberties.
| Characteristics | Values |
|---|---|
| Purpose | To form a more perfect union |
| To establish justice | |
| To ensure domestic tranquility | |
| To provide for the common defence | |
| To promote the general welfare | |
| To secure the blessings of liberty | |
| To ordain and establish the Constitution for the United States of America |
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What You'll Learn
'We the People'
"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 preamble to the U.S. Constitution, with these opening words, sets out the aspirations and core values that "We the People" hold dear for our government and our way of life as a nation. "We the People" are sovereign, and this is a democracy, not a monarchy or a theocracy. The preamble, therefore, has significant implications for how the Constitution is interpreted and applied.
The phrase "establish Justice" is the first of five objectives outlined in the preamble, drafted in six weeks during the hot Philadelphia summer of 1787. The preamble sets the stage for the Constitution, clearly communicating the intentions of the framers and the purpose of the document. It is an introduction to the highest law of the land, though it does not define government powers or individual rights.
The preamble's statement of purpose does not grant powers or confer rights; the substantive provisions in the main body of the Constitution do that. However, it does proclaim who is adopting the Constitution: "We the People of the United States." This declaration has important consequences for constitutional interpretation. While the Preamble does not confer powers and rights, it guides the understanding of the Constitution by stating the basic values that should underpin it.
The preamble's reference to "establish Justice" is echoed in the Federalist Papers, where James Madison described justice as the end of government. Alexander Hamilton also quoted the Preamble, arguing that it obviated the need for an enumeration of rights. The preamble's language was also cited by those writing in support of the Constitution's ratification, prompted by the perception that state governments at the time were violating individual liberties.
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Democracy
The US Constitution is a democratic document, created by "We the People", as stated in its preamble. The preamble introduces the intentions of the framers and the purpose of the document, though it does not define government powers or individual rights. It sets out the aspirations of the people and the core values that the Constitution aims to achieve, including democratic government, effective governance, justice, freedom, and equality.
The preamble's origins predate the Constitutional Convention, with preambles to legal documents being relatively common at the time. The US Constitution's preamble draws on the English laws that undergird American understandings of constitutional rights, including the Petition of Rights of 1628, the Habeas Corpus Act of 1679, the Bill of Rights of 1689, and the Act of Settlement of 1701.
The preamble to the US Constitution is significant because it establishes the basic values that should guide the understanding and interpretation of the Constitution. It declares the sovereignty of the people and makes clear that the United States is a democracy, not a monarchy or a theocracy. This democratic principle was emphasised early in American history, in McCulloch v. Maryland (1819), when Chief Justice John Marshall stressed the importance of the government being created by the people.
The preamble also outlines the purposes for adopting the Constitution, including to "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 purposes embody the aspirations of the people and the expected outcomes of the substantive provisions that follow in the Constitution. While the preamble does not grant powers or confer rights, it has important implications for constitutional interpretation and the understanding of who holds the power of constitutional interpretation.
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Equality
The Preamble to the US Constitution, which sets the stage for the document, includes the phrase "establish Justice". While the Preamble does not confer powers or rights, it outlines the core values that the Constitution aims to achieve, including justice and equality.
Despite the existence of the Equal Protection Clause, there have been controversies and debates regarding its interpretation and implementation. In Plessy v. Ferguson (1896), the Supreme Court upheld racial segregation, ruling that "separate but equal" facilities for blacks and whites did not violate the Equal Protection Clause. This decision was later overruled in Brown v. Board of Education (1954), which helped dismantle government-imposed segregation in schools and society.
Another example of the struggle for equality is seen in Regents of the University of California v. Bakke (1978), where the Supreme Court found that race-conscious measures to address discrimination were unconstitutional. This decision limited the remedial justification for racial equality efforts, making it more challenging to address systemic racial inequality.
Furthermore, the ideal of "equal justice under law" remains a challenge to realise in practice. Financial disparities and inadequate legal assistance have resulted in unequal access to justice, with the legal needs of many individuals, particularly the poor, going unmet.
Overall, while the Constitution sets out the aspiration for equality, the ongoing interpretation and enforcement of equal protection remain critical to ensuring equality for all.
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Justice
The phrase "establish Justice" is described in the Preamble of the U.S. Constitution. The Preamble sets the stage for the Constitution and communicates the intentions of its framers and the purpose of the document. It is an introduction to the highest law of the land, but it is not the law itself and does not define government powers or individual rights.
The Preamble to the U.S. Constitution is a 52-word paragraph that was drafted in six weeks during the summer of 1787 in Philadelphia. It is more than just an introduction to the Constitution, it outlines the core values that the Constitution aims to achieve, including democratic government, effective governance, justice, freedom, and equality.
The Preamble reads:
> "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."
This text proclaims that it is the people who are sovereign and that the United States is to be a democracy. It also describes the reasons behind the adoption of the Constitution, including the establishment of justice and the securing of liberties.
The inclusion of "establish Justice" in the Preamble has been interpreted as an important objective of the Constitution, indicating the aspirations of "We the People" for a government that will meet their needs and protect their rights.
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Liberty
The US Constitution's preamble sets the stage for the document, outlining the intentions of its framers and its purpose. The preamble is not a law, and it does not define government powers or individual rights. However, it does communicate the core values that the Constitution aims to achieve, including justice, freedom, and equality.
The preamble includes the phrase "secure the Blessings of Liberty to ourselves and our Posterity". This phrase recognises liberty as a fundamental value to be protected and promoted by the government. It reflects the idea that individuals should have the freedom to make choices about their actions and speech without government interference.
The concept of liberty in the Constitution extends beyond physical freedom from restraint or confinement. It encompasses various aspects of life, including the right to contract, engage in occupations, acquire knowledge, marry, establish a home, raise children, and worship according to one's beliefs. The Supreme Court has also interpreted liberty to include freedom from bodily punishment and the right to obtain judicial relief for unjustified intrusions on personal security.
Procedural and substantive liberty interests play a role in this balance. Procedural liberty interests refer to situations where a state's restraint on an individual's freedom creates a significant hardship, such as in the case of solitary confinement or assignment to a SuperMax prison. Substantive liberty interests, on the other hand, may not be infringed upon without a sufficient governmental interest.
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Frequently asked questions
"Establish Justice" is described in the Preamble of the U.S. Constitution.
The Preamble is an introductory statement that outlines the intentions and purpose of the Constitution.
The Preamble sets out the aspirations and core values that "We the People" have for the government and the nation. It does not confer powers or rights but guides the interpretation and application of the Constitution.
The core values outlined in the Preamble include democratic government, effective governance, justice, freedom, and equality.
The full text of the Preamble is as follows: "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."
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