The Constitution of the United States of America is the blueprint for our federal government. It contains all the authority granted to the federal government by the States.
It is often considered as a document that applies to the citizenry of the United States, but it wasn’t intended that way. It was intended, and should be seen as a document that strictly defines and limits the operation of our federal government.
It was created by the States in order to strengthen the Union that was struggling with poor cohesion under the Articles of Confederation. However, many of the men who debated the new Constitution saw dangers in the powers being granted, they had a vision that turns out to have been prophetic.
I would love to have a discussion about the role of the US Constitution in America today. How our current federal government either is, or is not in compliance with it. Whether we should be concerned about that level of compliance. And if we have reason to be concerned, what can we do about it?
The preamble to the Constitution has no legal authority, it does not define powers and authority, nor does it create structure. It is the introduction that explains what was being attempted in the legal sections that follow, why the things created in those sections are brought into existence. Here is my interpretation of the preamble:
"We the People of the United States,"
This sets the tone for the hierarchy the founders believed was proper for the role of government. The people create the government, it is to serve them. The people are citizens of the States, and it is the States that hold the authority over most governmental matters.
"in Order to form a more perfect Union,"
A reference to the Articles of Confederation and the failure of that Union to meet the needs of the States and the people.
"establish Justice,"
There was much concern that the States had an imbalance of power and influence in the Federation and the people of the States with less power were not being treated fairly in the operation of the government.
"insure domestic Tranquility,"
There was talk of the dissolution of the Union over the issues facing the States, the tranquility was the quieting of these ideas.
"provide for the common defense,"
One of the biggest quarrels of those days was the payment of the debts of the Revolutionary War. They were being paid by the States individually, and unequally. The idea of the “common defense” addressed this concern. Shared responsibility for the defense of the entire Union.
"promote the general Welfare,"
One of the most abused notions in the preamble, this did not create the welfare state we know today. It meant the new Constitution should either create the environment, or not diminish the environment that would allow the economies of the States, and of the Union to flourish.
"and secure the Blessings of Liberty to ourselves and our Posterity,"
A reminder that these States were first declared free and independent in the Declaration of Independence where the ideas of individual liberty were promoted and established for the people of the States as a natural condition of their lives. Natural rights were not granted by government, and government had no authority to deny them, or abuse them.
"do ordain and establish this Constitution for the United States of America."
Constitution: a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed, the composition of something. This document created and defined the government that was to exist. Everything this government is meant to be is described in this document.
So that’s where I start, this is the philosophy that was in their minds as they set out to create our government.
Do you agree? Have I missed something, or gotten this wrong?
Let’s explore it.