Malcolm Rivera
The United States Constitution is an important document that sets out the aspirations and intentions of the framers and the purpose of the document itself. Notably, the Constitution begins with the words We the People, a powerful statement that affirms the source of power as the people themselves, rather than a king or Congress. This concept of popular sovereignty is a key foundation of the Constitution. However, it is interesting to note that prior drafts of the Constitution, such as the Articles of Confederation, did not include the word people and instead referred to the people of individual states. This evolution in language reflects an important shift in perspective, emphasizing the direct interaction between the Constitution and the citizens of the United States.
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What You'll Learn
The US Constitution's Preamble
The Preamble to the US Constitution is an introductory statement that sets out 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 begins with the famous words, "We the People of the United States", signifying the unity and collective will of the American people. This phrase is a powerful statement of the people's sovereignty and their consent to be governed by the laws established by the Constitution.
The Preamble outlines six key objectives that the Framers of the Constitution sought to achieve. The first is to "establish Justice", ensuring fair and equal treatment under the law for all citizens. The second objective is to "insure domestic Tranquility", creating a peaceful and stable environment within the nation's borders. The third goal is to provide for the "common defence", protecting the country from external threats and ensuring the safety of its citizens.
The fourth objective mentioned in the Preamble is to "promote the general Welfare", which means improving the overall well-being and prosperity of the people. The fifth goal is to "secure the Blessings of Liberty", guaranteeing the freedoms and rights that are inherent in a democratic society. Finally, the sixth and final objective is to "form a more perfect Union", uniting the states into a stronger, more cohesive nation.
The Framers of the Constitution drafted the Preamble during a six-week period in the summer of 1787 in Philadelphia. The 52-word paragraph has had a lasting impact on the nation, shaping the government and the lives of Americans. It serves as a reminder of the ideals and principles upon which the country was founded and continues to inspire and guide the nation's laws and policies.
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Popular sovereignty
The idea of popular sovereignty has been expressed in various ways throughout history, with modern interpretations dating back to the social contract school of thought represented by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. These thinkers argued that individuals enter into a social contract, voluntarily giving up some natural freedoms to secure protection from the dangers of others' freedoms.
In the context of the United States, popular sovereignty was asserted as a founding principle. The Declaration of Independence of 1776 states that legitimate governments derive their powers from the "Consent of the Governed." The U.S. Constitution's Preamble, which begins with "We the People," also reflects this principle. Article VII of the Constitution further emphasises popular sovereignty by requiring the approval of nine states before the proposed framework could become law.
However, the interpretation of "We the People" has evolved over time. Initially, the founders likely intended it to include only white, male property owners over 21 years of age. Nevertheless, the concept has expanded, and democracy is seen as a process of including more individuals and groups to reflect the democratic ideals expressed in the founding documents.
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The intentions of the framers
The framers understood that future generations would need to interpret and apply the broad principles of the Constitution to their own unique circumstances. They knew that majority rule was the best system of government, but also recognised its imperfections. Thus, they established powerful institutional actors, such as the presidency, Congress, and the federal courts, who would become constitutional interpreters. They also set rules on when and how these actors could be selected, including a six-year electoral cycle with staggered elections for the House, Senate, and presidency.
The framers' use of the phrase "We the People" in the Constitution's preamble affirmed that the document was of the people, for the people, and by the people of the United States. This phrase communicated the direct and immediate interaction between the Constitution and the citizens of the United States. However, it is important to note that the framers' conception of "the people" was limited to white, male property owners over the age of 21. Over time, this interpretation has expanded to include women, servants, African Americans, and other individuals protected by Constitutional Amendments.
The framers also sought to divide and allocate power between the people and the government, as well as among the different branches of government. They established that the government would have only limited and enumerated powers, while the people, as sovereign, would retain ultimate authority. The framers' decision to create these checks and balances in the Constitution has had a lasting impact on American political life, promoting gradualism and Burkean change rather than revolutionary-style shifts.
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The meaning of the people
The phrase "We the People" is a well-known and powerful introduction to a constitution, and it is interesting to consider its absence in some constitutions and the implications this has for the meaning of "the people".
The absence of "We the People" in a constitution can signify a different understanding of the source of a nation's authority and power. Instead of deriving authority from the people, some constitutions may view authority as stemming from other sources, such as a higher power or a historical right. This shift in perspective can have significant implications for how a nation is governed and how its laws are interpreted.
When a constitution does not begin with "We the People", it can indicate a different understanding of the role of the state and the relationship between the individual and the state. In these cases, the state may be seen as having a more paternalistic or directive role, with the individual's rights and freedoms being granted by the state rather than inherent or inalienable. This can result in a different balance of power and a distinct approach to governance.
Furthermore, the absence of "We the People" can also reflect a different cultural, historical, or philosophical context. Some nations may have a tradition of absolute monarchy, where the power of the ruler is seen as divinely ordained, or a history of strong central authority, which can influence the framing of their constitution. In these contexts, the concept of "the people" and their role in the nation may be understood differently, or it may not be a central tenet.
Despite not explicitly stating "We the People", constitutions that deviate from this introductory phrase still acknowledge the importance and sovereignty of their citizens. They may employ alternative phrasing that conveys a similar sentiment, emphasising the rights and welfare of their populace while outlining the principles and structure of their government.
Ultimately, the meaning of "the people" is nuanced and complex, and its interpretation varies across cultural, historical, and philosophical contexts. Examining the absence of "We the People" in constitutions sheds light on diverse perspectives regarding national authority, the role of the state, and the interplay between individual rights and state power.
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Amendments to the Constitution
The United States Constitution, which begins with the words "We the People", has been amended 27 times, with approximately 11,848 proposals to amend it having been introduced in Congress since 1789. The first ten amendments, known collectively as the Bill of Rights, were ratified on December 15, 1791.
The process of amending the Constitution is detailed in Article Five of the United States Constitution. Amendments must be properly proposed and ratified before becoming operative. This can be done through a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
The Reconstruction Amendments, the 13th, 14th, and 15th Amendments, abolished slavery, granted citizenship and due process to former slaves, and guaranteed the right to vote regardless of race, respectively. The 19th Amendment, which granted women the right to vote, is another notable example of an amendment that expanded the democratic ideals expressed in the founding documents. The 21st Amendment, ratified in 1933, is the only amendment that explicitly repeals an earlier one, ending the prohibition of alcohol established by the 18th Amendment in 1919.
The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978. Six amendments have been adopted by Congress and sent to the states but have not been ratified by the required number. Four of those amendments are still pending, while one has failed by its terms and another by the terms of the resolution proposing it.
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Frequently asked questions
The United States Constitution.
It affirms that the Constitution is of the people, for the people, and by the people of the United States. It also establishes the concept of popular sovereignty, declaring that the Constitution's power originates from the people rather than a king or Congress.
The preamble sets the stage for the Constitution and communicates the intentions and purpose of the framers. It emphasizes that the Constitution is binding only in the United States of America.
The preamble outlines the basic principles and objectives that guided the drafting of the Constitution, including establishing justice, ensuring domestic tranquility, providing for the common defense, promoting general welfare, and securing the blessings of liberty for future generations.
While the founders likely envisioned "the People" as only including white, male property owners over 21 years of age, the interpretation has expanded. Today, it is understood to include women, servants, African-Americans, and individuals encompassed by various Constitutional Amendments, reflecting a more inclusive democracy.
