The Preamble to the Constitution is a most accurate and comprehensive
statement of the purpose of government. It explicitly sets forth
the fundamental purposes for which government is primarily organized.
The brevity, simplicity, and directness of its original draft,
after 150 years of experience, require no change.
We, the people of the United States, in order to form 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 of the United States
of America. - Preamble to the Constitution.
"We, the people." - The convention, which met
in Philadelphia in 1787, adopted a Constitution based upon the
proposition that a people are able to govern themselves.
Under the Articles of Confederation the State assumed control.
A single State might exercise veto power over the will of all
the others.
In the government set up under the new Constitution the power
and rights of the people are the source and final authority.
It derives its "just powers from the consent of the governed."
For the first tune in human history "the people" assumed
control and government became subject to their will.
Nowhere is American independence and self-reliance better exemplified
than in the words, "We, the people."
The people, the highest authority known to our system, from whom
all our institutions spring and upon whom they depend, formed
it. - President Monroe.
Its language, "We, the people," is the institution
of one great consolidated national government of the people of
all the States, instead of a government by compact with the States
for its agents. - Patrick Henry.
"A more perfect Union." - In the original federation
the States were but loosely joined. The Constitution was a demand
for more effective control of the Union by the Government.
In the efficacy and permanency of your Union a government for
the whole is indispensable * * *. You have improved upon your
first essay (Articles of Confederation) by the adoption of a
constitution of government " " " for the efficacious
management of your common concerns. * * * Indignantly frown upon
the first dawning of every attempt to alienate any portion of
our country from the rest or to enfeeble the sacred ties which
now link together the various parts. - Washington - Farewell
Address.
In the course of the Civil War the Southern States sought to
dissolve our Union; President Lincoln sought to preserve our
Union.
The States have their status in the Union, and they have no other
legal status * * *. The Union, and not themselves separately,
procured their independence and liberty. * * * The Union is older
than any of the States and, in fact, created them as States.
- Abraham Lincoln - Message to Congress, July 4, 1861.
The right of secession was forever settled by the fourteenth
amendment to the Constitution, which declares, "All persons
born or naturalized in the United States and subject to the jurisdiction
thereof are citizens of the United States and of the State wherein
they reside." The National Government is not an assemblage
of States, but of individuals.
To refuse allegiance to the United States is to be a traitor
to the Nation. However, in the dual capacity of citizenship,
we render service as citizens of both the State in which we hold
legal residence and the United States. Each of our 48 States
retains its own sovereignty in all matters relating exclusively
to State affairs, in which it is protected by its own constitution.
In all interstate, national, or international affairs both the
citizen and the State owe allegiance to the Union.
"Justice." - Our Government, assures "justice"
in that it is a government of laws, not of men. In the heat of
passion or sectional interest, in clashes between groups or questions
of policy, no minority or bloc may enforce its will. Should a
majority seek to injure the rights of an individual citizen,
the power of veto resting in the President, or the power of the
Supreme Court as an unbiased tribunal, will insist that justice
be done.
A series of checks and balances, which prevent the selfish interests
of either individuals or groups from exercising their will to
the injustice of another, is provided by the Constitution.
Wherever there is an interest and power to do wrong, wrong will
generally be done, and not less readily by a powerful and interested
party than by a powerful and interested prince. - James Madison.
In questions of power, then, let no more be heard of confidence
in man, but bind him down from mischief to the chains of the
Constitution. - Thomas Jefferson.
"Domestic tranquillity." - At the conclusion
of the Revolutionary War the Colonial States were bankrupt. Foreign
credit was exhausted and could not be reestablished until a responsible
central government was created. Soldiers remained unpaid long
after the war was ended. Colonies quarreled with each other over
duties imposed upon the goods sold or bartered. Chaos and anarchy,
disillusion, and despair prevailed, all because of lack of proper
organization and power in government.
The Government established under the Articles of Confederation
"defrayed all expenses out of the common treasury"
to which each State was supposed to contribute, but this was
done in full only by New York and Pennsylvania. All nonenforceable
obligations were left to conscience, individual or collective.
"Domestic tranquillity" requires a measure of enforced
responsibility, mutual faith, and harmonious and prosperous conditions.
These are provided under the Constitution through the powers
conferred upon the National Government regulating interstate
affairs, making interchange of commodities, communication, transportation,
and freedom of residence, occupation, and industry equal to all.
"Domestic tranquillity" is further assured by religious
freedom, free speech, and free press, thereby establishing interchange
of thought which results in the creation of a national public
opinion and brings within its influence every citizen, regardless
of race, religion, financial condition, or social qualification.
"Common defense." - A country worth fighting
for to establish was worth fighting for to preserve.
The Congress shall have power to lay and collect Taxes, Duties,
Imposts' and Excises, to pay the debts and provide for the Common
Defense and Welfare of the United States. * * * To declare War,
grant letters of Marque and Reprisal, and make rules concerning
captures on Land and Water; to raise and support Armies, but
no appropriation of money to that use shall be for a longer term
than two years. * * * To provide and maintain a Navy; To make
rules for the Government and Regulation of the land and naval
forces; To provide for calling forth the Militia; to execute
the laws of the Union, to suppress Insurrections and repel Invasions;
To provide for organizing, arming and disciplining the Militia.
* * * - Constitution, Article I, section 8.
Attention is especially called to the limited period of two years
as the length of time to be covered by any appropriation of money
for the military forces. Without the consent of the people through
their Representatives in Congress, any army created would fall
to pieces for lack of funds. A great deal is said about the effort
to "militarize" America through carrying out the provisions
of the national defense act of 1920. This act was created by
the people, for the people, to be paid for by the people. It
can be killed by repeal or by refusal to make necessary appropriations.
In the last analysis the people are the military force of the
United States; their employees, the Regular Army, National Guard,
and Organized Reserves, are working for them, and in absolute
obedience to rules and regulations laid down by their agent,
the Congress.
The United States is not solicitous, it never has been, about
the methods or ways in which that protection shall be accomplished;
whether by formal treaty stipulation or by formal convention,
whether by the action of judicial tribunals or by that of military
force. Protection, in fact, to American lives and property is
the sole point upon which the United States is tenacious. - William
M. Evarts (1878).
"General welfare." - The United States is a
family of Commonwealths. Each State is possessed of its own natural
resources, in the development of which it is necessary for its
own best interests to have the full cooperation of every, other
State in exchange of raw materials, finished products, and farm
produce. Its great land areas and mighty rivers are frequently
the concern of several States or of the entire Nation.
It is within the power of Congress to appropriate funds for constructing
canals, river and harbor development, and control irrigation
projects where more than one State is interested, hard roads,
and Postal Service; to regulate communications and transportation;
and, through its various departments, perform such other services
as will result in benefit to all citizens. This is not paternalism,
but that protection of person and property which enables the
citizen to obtain the greatest possible returns in the exercise
of his own initiative.
"Blessings of liberty." - To secure the "blessings"
of liberty was the fundamental purpose of the makers of the Constitution
and its subsequent adoption. They include all the rights and
privileges that a citizen of this country enjoys - a voice in
the Government; freedom to worship according to the dictates
of the individual conscience; freedom of speech and of the press;
the lack of restriction upon all inherent individual rights.
The liberty of America is not that which permits the individual
citizen to do as he pleases. He may so long as he does not interfere
with the liberty of others. The liberty of the individual ends
where the rights of others begin.
We all declare for liberty, but in using the word we do not all
mean the same thing. With some the word liberty may mean for
each man to do as he pleases with himself and the product of
his labor; while with others the same word may mean for some
men to do as they please with other men and the product of other
men's labor. Here are two not only different but incompatible
things called by the same name - liberty. And it follows that
each of the things is, by the respective parties, called by two
different and incompatible names - liberty and tyranny. The shepherd
drives the wolf from the sheep's throat, for which the sheep
thanks the shepherd as his liberator, while the wolf denounces
him for the same act as the destroyer of liberty. - Abraham Lincoln.
The "blessings" which the citizen enjoys under our
form of government are secured through "liberty under law,"
the enforcement of which is their only safeguard.
The purpose of our Government is to protect (not to provide)
the property of its citizens; to guard his person (not to provide
his subsistence) while he acquires the means of livelihood; to
give every citizen equal opportunity in his chosen work and assure
him of equal standing before the law.
Our Government is the most nearly perfect of all in securing
individual rights and insuring the blessings of liberty. In no
other nation is equal opportunity and equal protection assured,
with such equal division of reward for labor and services rendered. |