Welcome to “Read the Constitution in a Month” Month! Today we are reading the Preamble to the Constitution. (Brief explanation below.)
The United States Constitution is a contract- a legal, binding document between the people of the United States and the government. It is our rule of law. Binding and unbreakable.
We are a Constitutional government and society
So, the Power the people have given in this contract is not the king; it is the Constitution. This is called a Constitutionalist government. Thus, the Constitution holds the supreme law-making power in our nation.
The Preamble, in legal terms, is “the enactment clause” of the Constitution. An enactment clause clarifies that this Constitution is being enacted. Enactment clauses are the statements in legislation that officially state its authorization and who is authorizing it.
“We the people of the United States…do ordain and establish.”
The constitution is therefore enacted and the people are the ones who enacted it.
WHO is in this contract?
-We the people of the United States (not thirteen separate nations, but rather, “states that are united into one).
–Do ordain and establish this Constitution for the United States of America
We, the people are the ones who are establishing and ordaining this Constitution!
WHY are we entering this contract?
-in Order to form a more perfect Union. The British government was not perfect, and the Articles of Confederation were not perfect. This constitution and union/government will be more perfect than those. It will be strong enough to protect our Natural Rights but weak enough to not infringe on those Natural Rights.
WHAT will this contract accomplish by agreement with the people, states, and federal government?
The body of the Constitution will go into appropriate detail on what and how this social contract will carry out the priorities of the contract. However, the Preamble clarifies what these priorities are.
-establish Justice, Remember, the nation had fought a war from freedom, in part, so that there was a fair justice system, rather than
-insure domestic Tranquility, Remember, Natural Law (people are basically selfish and out for their own interests, so in order to leave peaceful lives there needs to be some sort of beneficient government)
-provide for the common defence, Again, because of Natural Law, we need to be protected from the wiles of other nations.
-promote the general Welfare, General Welfare refers to the infrastructure that states cannot do separately. They needed to operate in general (together) to provide a monetary system, roads, make international contacts, and help with the health of the people. (Incidentally, this implies that taxes will be levied to promote that general welfare.)
-secure the blessings of liberty Remember, this is the wording of “Natural Rights” (life, liberty, property, the pursuit of happiness).
How long will this contract last
–to ourselves and our Posterity, This Constitution is an everlasting contract, it will not end.
So, the Preamble describes the social contract, the non-ending contract that we the people are making with our Constitutional government. The actual laws and rules that will make this contract work are in the Articles and Amendments. The Preamble itself is the enactment clause of the contract.
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