Exactly who are the 'We the people' referred to in the opening clause of the Preamble?
The words listed in the "Key Words" box refer to individuals without denoting any title to public office. However, notice that such persons (with the notable exception of "slaves") can hold various offices.
The variety of words used gives one a sense of the flavor of the times.
'Subjects' is used to refer to persons who are citizens of foreign nations. The context in which this word is used demonstrates that the United States did not exist in a vacuum, not even in the beginning.
'Party' is interesting because it can refer to an individual, a State, or to the United States.
'Person' is interesting because persons cast votes in the legislature, vote for senators and representatives, and people are to be secure in their persons. In other words, the same word is used to refer to citizens and officers of the United States.
***************************************** The states that made up the United States at the time the Constitution was written are mentioned in two places. They are mentioned in the article that tells how many representatives each state is to get before the first census. And they are listed along with the signatures of the States represented at the convention.
Providence Plantations is Rhode Island. They were the first colony to declare independence and the last to ratify the Constitution.
A note or two about the program is appropriate here. First, where are York, Jersey, and Hampshire in the Key Words box? "New" is the key word used to index them.
For the same reason, Carolina in the Key Words box indexes references to both North and South Carolina.
***************************************** Not a perfect union, mind you. Instead, a MORE perfect union. More perfect than what? Presumably, more perfect than that formed under the Articles of Confederation, otherwise known as the Continental Congress.
Keep in mind that the Revolutionary War had officially ended in 1783 with the signing of a Peace Treaty by the British. The Continental Congress ratified that treaty in January of 1784. The Constitutional Convention was opened in late May of 1787. In the meantime, the United States had operated under the auspices of the Articles of Confederation, presumably, without interference from abroad. Nonetheless, bitter trade disputes erupted between Maryland and Pennsylvania (?). Some believe that the need to resolve these trade disputes is what actually gave the impetus needed to muster sufficient support for a Constitutional Convention. The content of the Constitution supports this theory somewhat. Particularly the phrase in Article I, Section 9, paragraph 6, "nor shall Vessels bound to, or from one State, be obliged to enter, clear, or pay Duties in another." So one aspect of a more perfect Union is better conditions for interstate trade. At the same time, it was seen as desirable to maintain the ability to muster the militia in circumstances of National, not just State, peril.
The phrase "in Order to form a more perfect Union" can be seen as the most general reason or statement of purpose for writing the Constitution. One way to determine intent in the Constitution is to ask how a given provision might improve upon the Articles of Confederation.
In the Preamble, there are 5 (five) phrases following this one that are the focus of this seminar. Each of these phrases contains a word listed in the "Key Words" box. 'Tranquility' is used only in the Preamble. The other 4 (four) words are used outside the Preamble, but those occurrences are not indexed here (though they could have been). To see where else these words are used, find each of them in the vocabulary list box (use search feature or scroll), double click on it and then press F2.
Each of these five phrases serves to clarify the general meaning of 'in order to form a more perfect Union'
Each of these five phrases is further indexed as a separate subject in this seminar.
To appreciate the full meaning of each phrase, one must refer to prior history of the colonies as well as related references in the Constitution. The CONSTITUTION Notebook Program provides a way to compile the internal references and your comments concerning related history in one place.
The references provided are not exhaustive. They are intended to stimulate interest and demonstrate use of the TCN program.
***************************************** One thing in the Constitution related to Justice is the equal application of the law. Extradition is provided for. And even the manner in which the highest official, the President, would be tried for impeachment is established.
Though the executive is greatly limited in power by the Constitution (refer to all the complaints in the Declaration of Independence directed specifically at the King), even this officer is protected as well as bound by provisions of the Constitution.
Notice how the 14th Amendment furthers the idea of justice.
***************************************** Domestic tranquility refers to peace within the United States and among the several states. One interesting indication of the import given this objective is that Congressmen were immune from arrest except for breach of the peace.
Also consider that the first amendment protects the right of PEACEFUL assembly.
***************************************** Notice in these references that States are limited in preparation for war but not prevented from engaging in it. This is somewhat related to the domestic tranquility phrase. Congress, a part of the more powerful central government proposed by the Constitution, declares war and presumably mobilizes the national defense resources who then fall under the direction of the President.
Provisions in the Bill of rights for the quartering of soldiers indicate a concern for balancing the achievement of this legitimate objective against the rights of Citizens of the nation to be. The legitimacy of the need for a national mustering of resources for defense had already been demonstrated by the Revolutionary War and would be re-validated by the war of 1812.
***************************************** The Congress-to-be charged itself in advance with the obligation to provide common services such as roads and post offices. As these roads were provided by the central (Federal) government, there could be no justification for state levied tolls for their use. This would promote commerce from which all citizens could benefit.
***************************************** True enough, the writers of the Constitution sought to secure Liberty for themselves and their posterity, but in these references, a concession is made to slavery. And that concession is made in a phrase containing the word free. The reference to free persons implies persons that were not free. And indeed there were indentured servants and even slaves.
But much of what inspired the revolution in the first place was of economic import. Could the authors expect those who had supported such a revolution to yield economic advantage to an ideal?
The phrase 'more perfect union' has even greater impact in light of this. The authors of the Constitution knew what they were saying.
***************************************** The text in the Preamble was intended to clearly state the objectives of the authors (described in preceding phrases) and how they proposed to achieve those objectives (establish the Constitution). The intricate interweaving of considerations of what was do-able and what was desirable can be seen in the language of the Constitution. The references provided in this seminar are a very minute sample.
This phrase can be seen as an over confident boast. Or it can be read as an optimistic yearning for the good that could be brought about and the wrongs that could be prevented by the form of government they proposed. In either case, any would-be signer, as well as any subsequent interpreter, could know the intent of the authors in this brief summary of objectives stated in the Preamble.
***************************************** The authors of the Constitution stated the objectives for the proposed government in the Preamble.
At various places throughout the text of the Constitution, the existence of a central (Federal) government, several State governments, and individual Citizens is recognized.
In Articles I, II, and III they stated the manner in which the officials of the central government would be organized.
In Article IV, they more fully defined the relationship among the several States and between each State and the central government. Albeit, brief allusion is made to these issues in Articles I and III.
Presumably, the intent of the authors was for the Legislative body of the central government (and State governments) to legislate toward the objectives stated in the Preamble.
Then were the Officers of the Executive branch to follow through, enforcing the duly legislated laws in accordance with the objectives stated in the Preamble.
The officers (judges) of the Judicial branch were to watch over both the Legislative branch and the Executive branch to ensure that their activities were in keeping with the objectives stated in the Preamble, as well as with other portions of the Constitution related to their duties.
The duty of each Citizen is to watch over the officials whom they have elected to ensure for themselves to their own satisfaction that the Constitution is being upheld. Keep in mind that one of the objectives stated in the Preamble is 'to promote the general welfare.' Hence, to require of the United States government that its citizens can fulfill their basic needs under its administration is neither unreasonable nor unconstitutional.
If one is not happy with the policies of an administration, one is free to petition elected officials or to promote the election of new officials. Indeed, one is even free to become one of those elected officials.
These duties and opportunities are stated clearly enough in the Constitution. But there is a larger duty and a greater opportunity described in the Constitution. And one is free to participate in this whether or not one is happy with the activities of Federal and State officials.
The phrase that states this duty and opportunity was borrowed from the Declaration of Independence and slightly modified. In the Declaration, Life, Liberty, and pursuit of happiness were cited as 'unalienable rights.' The signers of the Declaration mutually pledged their lives and sacred honor to secure these rights for themselves and each other.
In the fifth amendment, each individual Citizen is guaranteed the assistance of the martial instruments of the State to secure their own Life, Liberty, and Property. But who is the State if not its Citizens? And so this guarantee of Life, Liberty, and Property is a guarantee made by each Citizen to every other Citizen.
This portion of the Constitution can be seen as a covenant, much as was the Declaration a covenant among its signers. Unlike the Declaration, however, this covenant was intended for all subsequent generations of Citizens, born or naturalized alike, as well as the authors. (Note phrase in Preamble 'to ourselves and our Posterity . . .')
The value placed on peace can be considered part of this covenant.
Observing this covenant consists of three main parts:
1) To value and have respect for your own peace, life, liberty and property, insisting that all others respect those things as well, up to and including enlisting the assistance of the officers of the state to that end where legal and necessary.
2) To value and have respect for the peace, life, liberty and property of others, insisting that the assistance of officers of the state be rendered to that end where legal and necessary.
3) To insist that in matters of enforcement, officers of the state exercise all possible restraint, and that in matters not involving life, liberty, property or peace, officers of the state remain uninvolved where possible.
The King of England, if no one else, demonstrated to the signers of the Declaration, as well as to the authors of the Constitution, that the unbridled exercise of individual freedom could not be practiced by all members of a society. His efforts to dominate the colonies interfered with the colonists' pursuit of happiness, contributing neither to domestic tranquility nor to the promotion of the general welfare.
While ultimately, individual freedom may indeed be unalienable, its unbridled exercise is not a right guaranteed by the Constitution. The exercise of one's freedom beyond certain established limits can place one in jeopardy of life and limb. This holds for all Citizens, including the officers of the state.
Liberty, in the Preamble (note use of initial capital letter), refers then to an optimal level of freedom. As can be seen by the paraphrased covenant, the extent of this Liberty as stated in the Constitution is readily perceived, does not interfere with pursuit of happiness, and can be practiced by everyone.
The duty to observe this covenant is a great duty.
The opportunity to live in a nation where such a covenant is widely observed is a great opportunity.
Summarily, the objective stated in the Preamble 'to secure the Blessings of Liberty . . .' is supported by the other objectives stated in the Preamble as well as by the structures and processes of government proposed elsewhere in the Constitution. Hence, one may conclude that the authors of the Constitution intended nothing less than the establishment of an optimally free society.
