The Purpose of The Constitution

The purpose of the Constitution was set forth by the Founders when they wrote the Preamble, the establishment clause  of the Constitution. The Preamble laid out the reason they agreed to “ordain and establish this Constitution for the United States of America”. There is no other document, “done in Convention by the Unanimous Consent of the States present “, or signed by the Delegates, which explicitly states the purpose and intent of the Constitution. Therefore, there can be no other document or subjective opinion on which the meaning of the Constitution should be based.

The first draft of the Preamble was based upon a confederation of the states. But, over six weeks of debate, it evolved from a nation of states to a nation of people, hence the opening, “We the People of the United States”.

From that opening, the Founders explained exactly why they formed the Constitution and the context in which every Article was to be interpreted. So, when we interpret an Article of the Constitution, or Amendment, or propose a new Amendment or law, we must do so in the context of the Founders’ intent:

“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 hereby ordain and establish this Constitution for the United States of America.”

If Congress establishes a new law, we must ask how it fulfills the stated purpose of the Preamble.  If that law does not “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.”, then it should be ruled unconstitutional.

 

 

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