Thursday, September 17 is Constitution Day.
Constituting America has run a series of Constitutional Chats leading up to this signing anniversary of the longest lasting constitution in world history. On Tuesday, September 15, I will be a guest on the final chat leading up to a full-day celebration on Constitution Day. You can register for both events here.
The subject of Tuesday’s chat will be the preamble and the Constitutional
Convention.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.
The preamble to the Constitution is a declarative statement
that grants no powers to the national government. Basically, it states the overarching
goals of this new Constitution, meant to replace the Articles of Confederation.
The declarative nature of the preamble was confirmed by the Supreme Court in Jacobson
v. Massachusetts (1905).
The United States does not derive any of its substantive powers from the Preamble of the Constitution. It cannot exert any power to secure the declared objects of the Constitution unless, apart from the Preamble, such power be found in, or can properly be implied from, some express delegation in the instrument.
The preamble was basically the elevator pitch for an
entirely new government system.
We the people of the United States
The draft document listed all thirteen states, but Gouverneur
Morris changed it to the famous seven words. Morris probably made the change
for three reasons. First, no one knew which states would eventually ratify and
it took only nine; second, Morris wanted to emphasize a single nation; and
third, listing the states was ineloquent. The conventional interpretation is
that he changed the enacting entity from the states to collective people. There
is no doubt the convention meant to take ratification away from the states as
represented by their legislatures. Ratification was to be by state conventions
of “the people.” Madison had preached ad nauseum that only the people had the
authority to bestow power to a governing agency.
a more perfect Union
No one would argue that the nation under the Articles of
Confederation was anywhere near perfect, but many of its authors were delegates
to the convention and denigrating their work was not an effective way to garner
support.
establish Justice
The consensus was that states were violating individual
rights. The country was on the brink of total collapse. The military has been
reduced to near extinction, economic turmoil saps hope, and anarchy threatened.
Establishing justice had strong appeal.
insure domestic Tranquility
The elephant in the State House chamber was Shay’s Rebellion
and other uprising throughout the states. The Articles of Confederation did not
bestow sufficient authority to quell these rebellions.
provide for the common defence
With the nation in chaos, foreign powers hovered like
vultures, ready to annex the states to their empires.
promote the general Welfare
At the time of the convention, general welfare was generally
assumed to mean well being or happiness. This phrase thus echoes the
Declaration of Independence. Since the preamble does not bestow powers, this
clause does not give the national government unlimited power to do “good.”
secure the Blessings of Liberty to ourselves and our
Posterity
The Federal Convention proposed this Constitution for their
own benefit and for the benefit of “millions yet unborn.”
The Federal Convention
The Federal Convention debated for four months,
but the final form of the Constitution was primarily crafted by three
committees: The Committee of Detail, the Committee of Postponed Matters, and
the Committee of Style. The work of these committees was approved by votes of
the full convention. Gouverneur Morris, called the Penman of the Constitution, was
a member of the five-person Committee of Style. Morris took home the draft from
the prior committees and crafted an eloquent document that was approved by the
other four members: William Johnson, James Madison, Alexander Hamilton, and
Rufus King, and then by the full assembly, and finally ratified by conventions
of the people in each state.
I use this paragraph before, but I believe a reminder is worthwhile on Constitution Day.
We often hear laments that elected officials no longer honor their pledge to preserve, protect and defend the Constitution of the United States. This is backward. The Constitution wasn’t written for politicians. Our political leaders have no motivation to abide by a two hundred and thirty year old restraining order. The first words of the Constitution read We the People. It’s our document. It was always meant to be ours, not theirs. It’s our obligation to preserve, protect, and defend the Constitution of the United States.
