The Preamble

 

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 for the United States of America. (Constitution of the United States 1787)

Simple words to start off the Constitution often overlooked in what those words are truly saying. The preamble sets the stage for what the rest of the Constitution will be. Many students around the country memorize this in either elementarily of middle school, and perhaps overlooked as having substance by most when reading the Constitution Though short in words, it is the most powerful part of the Constitution and the entire concept of government!



WE THE PEOPLE OF THE UNITED STATES: Those seven words speak volumes as to what the whole idea of what the Founders though Government should be. It does not say “We the Government” or “We the Representatives”, it states, “We the People”. This is not just implying, but boldly stating that it is the people of the United States of America giving this document, giving this power, allowing ourselves to be governed, and WE are setting the framework for this government. This concept was not taken lightly by the nation or The Founders. The United States was only four years removed from the Treaty of Paris ending the American Revolution (Peace Treaty of Paris September 3, 1787), and had been operating under an intentionally weakly designed government in the Articles of Confederation to ensure state sovereignty and personal liberty (Confederation 1781). But the Articles of Confederation proved so weak it could not defend those liberties from forces within or without the country as stated by Edmund Randolph on May 29, 1787 (Madison May 29, 1787). 

You may have heard some people say that the Declaration of Independence, and other documents preceding have nothing to do with the Constitution or may be in strong conflict with each other (ENZINE April 17, 2009), but to say or believe that is to ignore the road leading to the creation of the Constitution in the first place. Though there may be and in fact are some conflicts between the two, on the whole the Declaration of Independence is a compliment to the Constitution not a burden. “We the people”, has its very roots in the Declaration of Independence.

“it becomes necessary for one people to dissolve the political bands which have connected them with  another, and to assume among the powers of the earth”

”that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed“

“it is their right, it is their duty, to throw off such government, and to provide new guards for their future security“ (Declaration of Independence)

 

When the Continental Congress Declared Independence from Great Britain in 1776, they acted as a body, for the voice of the people, stating the powers of a government are derived from the consent of the governed. A clear and unalienable fact in the eyes of the delegates, is what was stated to King George and the British Parliament, the people of a nation are the source of all power in the nation, and it is with the peoples permission the government operates. This sentiment is the first seven words of the Constitution, WE THE PEOPLE OF THE UNITED STATES. The Declaration of Independence does in fact have relevance in the Constitution, not by establishing law since it does not, but gives an insight to why we see some of the clauses and sections we do in the Constitution.

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:

Here again we can see a tie to the Declaration of independence,

“We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness”

“and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed". (Declaration of Independence July 4, 1776)

The Declaration of Independence made clear the belief that all people have inherent or unalienable rights that cannot be revoked and that governments are institutes among men to secure these rights. The Declaration of Independence is general about these rights of Life, Liberty and the pursuit of happiness. The Preamble states for the people to secure these rights, a government is being established to protect these, by establishing Justice and Insure the Domestic Tranquility so all can have their unalienable rights protected by law from foreign states, other citizens and the government. To provide for the Common defense, to protect the people’s rights from foreign threats or insurrection. To provide for the general welfare, and secure the blessings of liberty and prosperity, to ensure the people’s rights are insured during their time and the future.

DO ORDAIN AND ESTABLISH THIS CONSTITUTION FOR THE UNITED STATES OF AMERICA.  Here we can go directly back to the Declaration of Independence,

”that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed“ (Declaration of Independence July 4, 1776)

WE THE PEOPLE…DO ORDAIN AND ESTABLISH THIS CONSTITUTION FOR THE UNITED STATES OF AMERICA. This is the consent of the governed, the people, to form a government, to secure our rights, establish justice, insure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty for now and forever. Thomas Paine had written just this much in 1776 in his Common Sense when he said, “Wherefore, laying aside all national pride and prejudice in favour of modes and forms, the plain truth is that IT IS WHOLLY OWING TO THE CONSTITUTION OF THE PEOPLE, AND NOT TO THE CONSTITUTION OF THE GOVERNMENT” (Paine January 10, 1776)

The initial clause, the Preamble, clearly states for all to see. The all of the power of the government is derived from the people, and is not inherent to the government. The people have given the government certain powers for very specific purposes, and as we will see later on, the people, not the government, reserve all other rights for these and all other effects. From the start of the Convention these ideas were being trumpeted by the Delegates. When Edmund Randolph addressed the Convention on May 29, the very first Section of his plan for a Federal Government stated, “that the Articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, ‘common defence, security of liberty, and general welfare”. (Madison May 29, 1787)

But the idea that this was to be a government deriving its powers from the people was not just one or two men’s idea, or even a new idea for that matter. The Mayflower Compact of November 11, 1620 declared that “And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and Officers” (Mayflower Compact November 11, 1620), that is they are giving a group of people the power to make laws and rules to ensure an orderly society

We will see many of the same principles of the Virginia Constitution of 1776 in the final draft of not only the Constitution but the Declaration of Independence as well . The Preamble not being being an exception follows the same idea from sections Two and Three of the Virginia Constitution, for governments “That all power is vested in, and consequently derived from the people” (Virginia June 12, 1776), and are “instituted for the common benefit, protection and security of the people, nation, or community” (Virginia June 12, 1776).

Many documents and ideas besides the Declaration of Independence helped forge the ideas that came into place in the Constitution such as the Magna Carta, Common Sense by Thomas Paine and the Constitutions of other states, and we will see their impact in later parts of the Constitution.

It was not an easy road for the young Colonies to get to the point of establishing a lasting Constitution. Years of turmoil occurred prior to even the Declaration of Independence or before the “Shot heard ‘round the World” (Emerson n.d.) on April 19, 1775. The French and Indian War in the 1750’s, led to many actions by the British crown that contributed to Rebellion and the American Revolution, such as taxes, tariffs, political appointments, unheard grievances, confiscation of arms, and conscription all contributed in some way to the constitution we will see later on. Before the Revolution ended in 1783, the United States operated under a centrally weak Articles of Confederation starting 1781. The Articles of Confederation provided little power to a central government of the United States and made it even more difficult to enact what few laws it had power to (Confederation 1781). These problems ultimately led to the Constitution Convention in Philadelphia, PA in 1787.

The Fifty-Five men, who founded the document, ensuring it meant nothing unless the people approved of it. Before the new Constitution could go into effect, Nine of the Thirteen Colonies’ Legislatures had to ratify it. These legislatures were chosen by the people of their respective states, this was the voice of the people, the consent of the governed, the point which was so important in the founding of the United States. The people who had not given consent risked and gave their lives, the delegates in July 1776 that pledged “to each other our lives, our fortunes, and our sacred honor. “ (Declaration of Independence July 4, 1776), had finally give their consent to be governed, and establish this Constitution.