Category Archives: Preamble
By 1786, the United States were on the brink of utter destruction as a nation. The government had no way to raise money, no way top defend the borders and no way to protect individual rights. Armed insurrection was a real threat, and armed invaders stood ready to pounce on whatever was left. The Philadelphia Convention was more than just “fixing” the government. It was, quite literally, the last chance for the American dream. In the Preamble, we see how the Convention proposed to save the nation, what it would accomplish and it took a direct aim at those who would support the fatally flawed government already in place.
(Editors note: We apologize for the excessive background noise. Ben was home from school today, and he was just wound up and wasn’t going to calm down for anything. This 45 minute podcast took nearly six hours to record, but we powered through it and got it done as best we could…)
WE THE PEOPLE
It has been said that the whole is greater than the sum of its parts. There is perhaps no better way to apply this dictum than with words.
I Love You
It’s A Boy
She’ll Be Fine
The phrases are made up of words that are basic on their own but develop a much deeper meaning when brought together. As special as each one, for me there is one phrase that proves the rule more clearly than any other.
WE THE PEOPLE
On the surface it is a simple phrase of three common words and yet to many they convey a meaning so deep and profound for they touch the very soul of our nation. They represent a fundamental shift in the thinking of how a nation comes into being. Read the rest of this entry
“We the People of the United States, in Order to from a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
In Jacobson v. Mass (1905), the USSC sustained a view that the Preamble is basically declarative, and not legally binding in any sort of way. There is no force of law within it regarding the application or withholding of power. Yet, Mr. Morris, adding it to the document almost at the last minute, thought it was important to the understanding of the Constitution’s purpose. It was important to declare the intentions of the writers, and to give a place to the People themselves, that place being the recognized originators of all power. “We the People,” not “We the Elected Representatives”. Carrying force of law might be the desired and recognized purpose of the Preamble to many, but in reality, it is not necessary. The declaration made by the Preamble serves as the measure of the document which, in turn, lays measure to the law. It doesn’t serve as law, but rather forces law to be subservient to its intent. For, if the meaning of the Preamble is somehow separate from Original Intent, then it has no meaning at all. Read the rest of this entry