The Constitution's "We The People" Phrase: Understanding Its Significance

where in the constitution is we the people

The famous phrase We the People is enshrined in the preamble of the United States Constitution, a document that has served as the foundational charter of American government and political life since its ratification in 1788. These three words, at the very beginning of this important document, set the tone for the entire Constitution, establishing the principle that the power of the government is derived from the people it serves.

Characteristics Values
Introductory statement Sets the stage for the Constitution
Purpose Communicates the intentions of the framers and the purpose of the document
Framers The Founding Fathers
Framers' intentions 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
Framers' intentions To govern and protect "the people" directly, as one society
Framers' intentions To unite a group of states with different interests, laws, and cultures
Framers' intentions To vest the power of the union in the people
Legal standing Not the law, but an introduction to the highest law of the land
Legal standing Does not define government powers or individual rights
Legal standing Limits on the ability of individual citizens to pursue legal claims

cycivic

Preamble

The Preamble to the United States Constitution, which begins with the words "We the People", is an introductory statement of the Constitution's fundamental purposes and guiding principles. It is not a law itself, but it does communicate the intentions of its framers and the purpose of the document. The Preamble was written primarily by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention in Philadelphia.

The Preamble sets out the aspirations that "We the People" have for their government and way of life as a nation. 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 also confirms that the government under the Constitution was intended to govern and protect "the people" directly, rather than governing only the states as political units.

The phrase "People of the United States" has been understood to mean nationals and citizens, and by negative implication, it specifically excludes non-citizens. It has also been construed to mean "all under the sovereign jurisdiction and authority of the United States".

The Preamble outlines six basic principles that the Founding Fathers hoped the Constitution would achieve:

  • Forming a more perfect Union
  • Establishing Justice
  • Insuring domestic Tranquility
  • Providing for the common defence
  • Promoting the general Welfare
  • Securing the Blessings of Liberty to ourselves and our Posterity

cycivic

Article IV

Section 1 of Article IV begins with a fundamental principle, guaranteeing a republican form of government in each state. This reflects the founding fathers' commitment to representative democracy and their rejection of monarchy or direct democracy. It also establishes the legal status of the states, recognizing them as sovereign entities with their own constitutions and laws, provided they adhere to the republican form.

The section goes on to address the role of Congress in managing state affairs. It grants Congress the power to admit new states into the Union, a crucial aspect of the nation's expansion and evolution. This power is exercised with the consent of the existing states and ensures a cohesive and orderly growth of the country. Additionally, this section addresses the territorial integrity of the states, prohibiting them from engaging in war or forming alliances with other states or foreign powers without congressional consent.

Section 2 of Article IV encompasses the Extradition Clause and the Privileges and Immunities Clause. The Extradition Clause requires states to extradite individuals who flee from one state to another after committing a crime or facing legal charges. This provision ensures cooperation among states in administering justice and preventing states from becoming havens for fugitives. The Privileges and Immunities Clause, on the other hand, guarantees that citizens of one state who travel to another state will enjoy the same fundamental rights and privileges as the citizens of that state. This clause promotes interstate harmony and ensures that individuals are not discriminated against based on their state of origin.

The final section of Article IV, Section 3, addresses the responsibilities and limitations of the federal government regarding the states. It includes the Admissions Clause, which outlines the process of admitting new states and defines the requirements for statehood. This section also addresses the property rights of the federal government within the states, granting Congress the power to exercise exclusive jurisdiction over federal enclaves, such as military bases or federal buildings. Additionally, it ensures that the federal government honours its commitments under pre-existing agreements, treaties, or contracts made with individual states prior to the adoption of the Constitution.

cycivic

14th Amendment

The Fourteenth Amendment of the US Constitution is the first of the post-Civil War amendments, which were designed to address citizenship rights and to grant protections to formerly enslaved people. The amendment was passed by Congress in June 1866 and ratified in July 1868.

Section 1

> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

cycivic

Citizenship

The Preamble to the United States Constitution begins with the words "We the People", which affirms that the national government created by the Constitution derives its sovereignty from the people. This phrase is a recognition that the government under the Constitution was intended to govern and protect the people directly, as one society, rather than governing only the states as political units.

The Fourteenth Amendment, Section 1, also known as the Citizenship Clause, defines citizenship in the United States. It states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This means that a child born in the United States to Chinese parents who were ineligible for naturalization is still a citizen of the United States with all the rights and privileges of citizenship. This was a repudiation of the Dred Scott v. Sandford decision, which misinterpreted the Constitution as excluding people of African descent from eligibility for citizenship based solely on their race.

However, the Fourteenth Amendment does not extend citizenship to everyone born within the United States. It excludes from birthright citizenship those who are not "subject to the jurisdiction" of the United States, such as children of diplomatic representatives of foreign states or children born to alien enemies in hostile occupation. Additionally, United States citizenship does not automatically extend to persons born in the United States when their mother was unlawfully present or temporarily present in the country, and their father was not a US citizen or lawful permanent resident.

cycivic

Founding Fathers

The phrase "We the People" is found in the Preamble to the United States Constitution. The Preamble, written primarily by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention, outlines the fundamental purposes and guiding principles of the Constitution. It begins with "We the People of the United States" and goes on to describe the intentions of establishing a more perfect union, ensuring justice, domestic tranquility, common defence, and promoting the general welfare and liberty for the people.

The Founding Fathers were the group of individuals who played pivotal roles in America's independence and the establishment of the United States government. The term is collectively used for those who wrote and signed the Declaration of Independence, the Articles of Confederation, and the Constitution of the United States, as well as certain military personnel from the American Revolutionary War. The list often includes John Adams, Samuel Adams, Benjamin Franklin, Alexander Hamilton, Patrick Henry, Thomas Jefferson, James Madison, James Monroe, Thomas Paine, and George Washington. George Washington, as the commanding general in the American Revolution and the nation's first president, is most identified as the "Father" of the United States.

Some scholars also consider all delegates to the Constitutional Convention as Founding Fathers, whether they approved the Constitution or not. This includes the members of the Constitutional Convention, the signers of the Declaration of Independence, and/or the drafters of the Constitution. Additionally, historians have recognised other founders, including prominent writers, orators, and individuals who contributed to the cause of independence.

The Founding Fathers are often viewed within the context of their time, acknowledging both their accomplishments and shortcomings. Their legacy is honoured through documents like the Federalist Papers, written by Hamilton, Madison, and Jay, and through addresses by statesmen such as James M. Beck, who connected the concepts of founders and fathers. The Founding Fathers' writings, such as those by Washington, Franklin, Adams, Jefferson, Hamilton, and Madison, are preserved in the National Archives' Founders Online database.

Frequently asked questions

The preamble to the US Constitution begins with the famous phrase, "We the People".

"We the People" is considered to signify the Founding Fathers' intention to establish a government based on the consent and sovereignty of the people.

"We the People" refers to all citizens of the United States and their collective authority as the basis of the government's power.

Yes. "We the People" sets the tone and framework for the entire Constitution, establishing the principle of popular sovereignty, which means that the government's power is derived from the people.

The interpretation has evolved to include a broader segment of the population. Originally, "We the People" likely referred primarily to white male landowners, but over time, with amendments to the Constitution and social and legal changes, it has come to include all citizens regardless of race, gender, or class.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment