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Preamble to the United States Constitution

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The Preamble to the United States Constitution consists of a single sentence (a preamble) that introduces the document and its purpose. Note that the Preamble itself neither grants any powers nor inhibits any actions. It only explains the rationale behind the U.S. Constitution.

Text

We the People of the United States, in order to form a more perfect union, establish justice, ensure 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.

We the People

The constitution was established by the sovereign "People" of the United States, not by the states themselves. The ratification was organized by state, but was conducted through special conventions, separate from the state legislatures. It may be conceptualized as "We the People" creating a second government in addition to the several state governments. The constitution is acknowledged to be the supreme law, and any federal or state law contravening it is invalid. The principle contradicts the practice in many other countries, wherein the judgment of the legislature, the representatives of the people, is supreme under the doctrine of "parliamentary supremacy" or "parliamentary sovereignty." In the United States, however, the Constitution, established by the People, is deemed superior to laws established by their agents (Congress).

A more perfect union

All the states were covetous of the sovereign power they had exercised since the break with Great Britain eleven years earlier. Balancing states' rights with the needs of a central government was no easy task. The makers of the constitution accomplished this by letting the states keep all the powers necessary to regulate the daily lives of their citizens, provided that these powers did not conflict with the needs and welfare of the nation as a whole. This division of authority, which is termed federalism, is essentially the same today (though American Libertarians would claim otherwise). The power of each state over local affairs in matters such as education, public health, business organization, work conditions, marriage and divorce, local taxation, and ordinary police powers is so fully recognized and accepted that two neighboring states frequently have widely differing laws on the same subject.

Ingenious though the constitutional arrangement was, the controversy over states' rights continued to fester until three-quarters of a century later. In 1861, a four-year war broke out between the states of the North and those of the South. The war was known as the American Civil War, or the War Between the States, and the underlying issue was the right of the federal government to regulate slavery in the territories of the Union. Northerners insisted that the federal government had such a right, while southerners held that slavery was a matter for the settlers in each territory to decide on their own. When a group of southern states purported to secede from the Union, war broke out and was fought on the principle of the preservation of the republic. With the defeat of the southern states and their subsequent readmission into the Union, federal supremacy was reaffirmed and slavery was abolished completely.

Justice

The essence of American democracy is contained in the Declaration of Independence, with its ringing phrase, "All men are created equal," and the follow-up statements "that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness." The Declaration of Independence also states that

these United Colonies are, and of Right ought to be Free and Independent States;... and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.

The constitution makes no distinction as to the wealth or status of persons; all are equal before the law, and all are equally subject to judgment and punishment when they violate the law. The same holds true for civil disputes involving property, legal agreements, and business arrangements. Open access to the courts is one of the vital guarantees written into the Bill of Rights.

Domestic tranquility

The stormy birth of the United States and the unsettled conditions along the American western frontier convinced Americans of the need for internal stability to permit the new nation to grow and prosper. The federal government created by the constitution had to be strong enough to protect the states against invasion from the outside and from strife and violence at home. No part of the continental United States has been invaded by a foreign nation since 1815. The state governments have generally been strong enough to maintain order within their own borders. But behind them stands the power of the federal government, which is constitutionally empowered to take the necessary steps to preserve the peace.

Common defense

Even with its independence secured, the new nation faced very real dangers on many sides in the late 18th century. On the western frontier, settlers faced a constant perceived threat from Native Americans. To the north, the British still owned Canada, whose eastern provinces were jammed with vengeful American Tories, who had remained loyal to the British Crown during the Revolutionary War. Spain still owned the vast Louisiana Territory in the continental midwest, along with Florida and Mexico (then including Texas). France had controlled colonies on the continent, and along with England, and Spain also had colonies in the Caribbean Sea, within striking distance of the American coast. Moreover, the nations of Europe were embroiled in a series of wars that spilled over into the New World.

In the early years, the constitutional objective of providing a "common defense" focused on opening up the territory immediately beyond the Appalachian Mountains and negotiating a peace with the Native American tribes who inhabited the area. Within a short time, however, the outbreak of war with the United Kingdom in 1812, skirmishes with the Spanish in Florida, and war with Mexico in 1846 underscored the importance of military strength.

As America's economic and political power increased, its defensive strength grew. The Constitution divides the defense responsibility between the legislative and executive branches: Congress alone has the power to declare war and to appropriate funds for defense, while the president is commander-in-chief of the armed forces and bears primary responsibility for the defense of the country.

General welfare

At the end of the Revolution, the United States was in a difficult economic position. Its resources were drained, its credit shaky, and its paper money was all but worthless. Commerce and industry had come to a virtual halt, and the states and the government of the confederation were deeply in debt. While the people were not in imminent danger of starving, the prospects for economic development were slim indeed.

One of the first tasks the new national government faced was to put the economy on a sound footing. The first article of the constitution provided that: "The Congress shall have power to lay and collect taxes . . . to pay the debts and provide for the . . . general welfare of the United States." This clause was added because under the Articles of Confederation, the national government could only "bill" the states for their share of the national budget, and then hope that the states paid—there was no provision for forcing payment, and several states refused to do so.

The tax power enabled the government to finance its war debts and to put the currency on a firmer basis. A secretary of the treasury was appointed to look after the fiscal affairs of the nation, and a secretary of state to handle relations with other nations. Also appointed were a secretary of war to be responsible for the nation's military security, and an attorney general to act as the chief law officer of the federal government. Later, as the country expanded and the economy became more complex, the well-being of the people necessitated the creation of additional executive departments.

Liberty

The emphasis on personal liberty was one of the salient features of the new American republic. Coming, as many of them had, from a background of political or religious suppression, Americans were determined to preserve freedom in the New World. The framers of the Constitution, in giving authority to the federal government, were careful to protect the rights of all persons by limiting the powers of both the national and state governments. As a result, Americans are free to move from place to place; make their own decisions about careers, religion, and political beliefs; and go to the courts for justice and protection when they feel these rights are being infringed upon.

The real genius of the new constitution was that it was written to be a framework for the new government, and not a rule book. In this way, it has been able to endure where many other constitutions have failed. By adapting to different political philosophies of the various Presidents and Congresses over time, the Constitution has ensured that the Framers' "posterity," their succeeding generations, have benefitted from their work.

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