Eleanor Finch
The United States Constitution is the oldest written constitution in the world, and it has served as the Supreme Law of the Land since its signing in 1787. The Constitution outlines six primary goals, including establishing justice, ensuring domestic tranquility, and securing the blessings of liberty. While all of these goals are crucial, the question arises as to which one is the most important. In this discussion, we will delve into the various objectives and examine their significance to determine which goal stands out as the most vital to the foundation and functioning of the United States of America.
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What You'll Learn
Establishing justice
The United States Constitution, ratified in 1788, has stood as a beacon of democratic principles and the rule of law for over two centuries. The preamble sets the stage for the Constitution and its intentions. The first of the six main goals outlined in the preamble is to "establish justice". This signifies the Framers' intent to create a system of governance that promotes fair treatment and equality under the law, a cornerstone of justice.
The Constitution establishes the judiciary as an independent branch of government, playing a vital role in upholding justice. The Federal judiciary functions as the institutional custodian of justice. The judiciary's power over the years 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 most significant dimension of Federal judicial power is its ability to declare Acts of Congress and State legislatures unconstitutional.
The Supreme Court has often been tasked with interpreting what "establishing justice" means in various contexts and how it should be applied in practice. Most scholars look at four seminal cases in which the Supreme Court has interpreted and applied this mandate: Marbury v. Madison, Wesberry v. Sanders, Plessy v. Ferguson, and Brown v. Board of Education. In Marbury v. Madison (1803), the Supreme Court affirmed its power of judicial review, the power to declare laws unconstitutional. It was a case where the interpretation of “establish Justice” was at the core. The Court held that it was the very essence of justice to ensure that government acts within the limits of the law, and when it doesn’t, there needs to be a mechanism to check its power.
The Constitution's first ten amendments, known as the Bill of Rights, are crucial to achieving "justice for all". These amendments protect individual liberties and limit governmental power, thereby ensuring fairness. The Fourth Amendment protects against unreasonable searches and seizures, while the Fifth and Sixth Amendments guarantee rights that are fundamental to a fair trial, such as the right to due process. Due process establishes a level playing field in the court system, ensuring that no one is unduly favored or unfairly disadvantaged. Through due process, the law is applied uniformly, emphasizing the principle that all are equal before the law.
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Protecting individual liberty
One of the primary goals of the US Constitution is to protect the individual liberties of citizens from government intrusion. The Constitution's Bill of Rights, or the first ten amendments, outlines the rights of every American that cannot be taken away, even by the government.
The Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, replacing the Articles of Confederation with a new form of government. The Articles of Confederation did not define the overall structure of the 13 states, and most states thought of themselves as independent of each other. Thus, the Constitution aimed to form a more perfect union, creating a stronger central government with an executive leader: the President of the United States.
The Constitution divides power between the three branches of the federal government: the executive, legislative, and judicial. It also divides power between the national government and state governments. This system of checks and balances prevents the tyranny of any one branch or majority, protecting the rights of minorities.
The Bill of Rights includes protections for freedom of speech, freedom of religion, due process, and trial by jury. For example, the First Amendment prohibits Congress from making laws establishing religion or restricting free speech. The Fourth Amendment safeguards citizens' rights by requiring warrants for searches and seizures. The Sixth Amendment provides additional protections for the accused, such as the right to a speedy and public trial and to an impartial jury.
The Fourteenth Amendment's Due Process Clause also protects certain fundamental constitutional rights found in the Bill of Rights from state government interference. The Supreme Court has interpreted and incorporated almost all of the Bill of Rights protections, making them applicable to the states.
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Creating a more unified nation
The United States Constitution was created to unify the nation, which was previously a loose confederation of 13 independent states. The Constitution's preamble outlines six main goals, the first of which is "to form a more perfect union". This goal of creating a more unified nation was of paramount importance, as the young country was surrounded by potential enemies, including British-controlled Canada to the north, New France to the west, and New Spain to the south.
The Constitutional Convention of 1787 was convened to revise the Articles of Confederation, which had failed to establish a strong central government. The Articles did not provide the federal government with the power to collect taxes or conduct projects that would better the welfare of its citizens, such as running the post office or building roads. The Founding Fathers recognized the need for a stronger central government with an executive leader, the President of the United States, who would have the power to conduct foreign affairs and serve as the Commander-in-Chief of the Army.
The Constitution established a federal government with three branches: the executive, legislative, and judicial. It provided a system of checks and balances to prevent the concentration of power in any one branch or individual. Most important actions require the participation of more than one branch of government. For example, while Congress passes laws, the President can veto them, and their appointments must be confirmed by the Senate.
The Constitution also served to divide power between the national government and state governments, ensuring that the rights of minorities could not be easily taken away by a majority. It outlined the powers of the federal government and the rights of American citizens, including protections for individual liberty and freedom. These protections were contained in the Bill of Rights, which constitute the first ten amendments to the Constitution.
The Constitution's difficult amendment process further contributed to its role in unifying the nation. By requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of the states, the Constitution prevented a simple majority from granting tyrannical powers to the government or infringing on the rights of minorities. This anti-majoritarian feature of the Constitution ensured that any changes to the document would require broad consensus, fostering unity and protecting the rights of all citizens.
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Providing for the common defence
The United States Constitution outlines six main goals in its preamble, one of which is "to provide for the common defence". This goal is of paramount importance as it grants the federal government the power to ensure national security and protect the country from external threats.
The importance of a unified defence was especially crucial in the early days of the United States. Following the American Revolution, the young nation was surrounded by European powers, including British-controlled Canada to the north, New France to the west, and New Spain to the south. Recognising the need for a strong and unified defence, the Founding Fathers granted the federal government the authority to collect taxes and conduct projects that would enhance the welfare of its citizens, such as building roads and running the post office.
The President, as Commander-in-Chief of the Army, plays a crucial role in providing for the common defence. They have the power to grant pardons and reprieves, appoint federal judges, ambassadors, and other public officers, and, with the advice and consent of the Senate, make treaties. The President's power over foreign affairs is inherent in their office, although the Supreme Court has been less willing to extend this inherent power to domestic affairs.
The Constitution also establishes a system of checks and balances to prevent the concentration of power in a single branch of government. For example, while Congress can pass laws, the President has the power to veto them. Similarly, the President can prosecute individuals for criminal violations, but they must be tried by the courts. This system ensures that the power to provide for the common defence is distributed and balanced among different branches of the government.
Finally, the Constitution's protection of individual liberties and rights, such as prohibiting ex post facto laws and bills of attainder, also contributes to providing for the common defence. By safeguarding citizens' freedoms, the Constitution helps maintain social stability and prevent internal threats to national security.
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Promoting general welfare
The promotion of general welfare is a key goal of the US Constitution, as outlined in the Preamble, which states the intentions of the framers and the purpose of the document. The Preamble outlines six main goals, including "to promote the general welfare".
The promotion of general welfare is also referred to as the General Welfare Clause, which appears in many constitutions, charters, and statutes. This clause allows the governing body empowered by the document to enact laws that promote the general welfare of the people. The specific meaning of this clause has been debated and interpreted in various ways by the Supreme Court. For example, in the case of Helvering v. Davis, the Supreme Court interpreted the clause very broadly, giving Congress plenary power to impose taxes and spend money for the general welfare, subject to its own discretion.
The General Welfare Clause has also been used as a basis for legislation promoting the health, safety, morals, and well-being of the people. For instance, the Constitution of Alaska directs the legislature to "provide for the promotion and protection of public health" and "provide for public welfare". Similarly, the Constitution of North Dakota provides a specific right to education, stating that a "uniform system of free public schools" shall be established throughout the state.
The US Constitution's reference to promoting general welfare indicates that issues such as poverty, housing, food, and other economic and social welfare issues facing citizens were of central concern to the framers. However, the Bill of Rights has largely been interpreted to provide procedural mechanisms for fair adjudication of rights, rather than guaranteeing social and economic assets for individuals. 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.
Despite this, the General Welfare Clause remains an important aspect of the US Constitution, reflecting the framers' commitment to promoting the welfare and well-being of the nation's citizens.
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Frequently asked questions
The US Constitution has six main goals: to form a more perfect union, to establish justice, to ensure domestic tranquility, to provide for the common defence, to promote the general welfare, and to secure the blessings of liberty.
The most important goal of the Constitution is considered by many to be the establishment of justice, which ensures that all individuals are treated fairly and have equal rights under the law.
The Constitution establishes justice by providing a system of checks and balances to prevent any one branch of the government from becoming too powerful and abusing its power. The three branches of government are the executive, the legislative, and the judiciary.
Other important goals of the Constitution include promoting the general welfare of citizens and securing the blessings of liberty, which protects individual freedoms such as freedom of speech, religion, and assembly.
