Wednesday, January 28, 2009

Preamble Commentary


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,[1] 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 US Constitution is not very detailed in its scope. It lays some of the groundwork for the spirit of the United States of America. It hasn't provided much guidance in the courts, which is symbolic of a larger problem really: the courts have often time pronounced their own laws which they have 'found' in the Constitution.

The emphasis on "the People" was probably intended to distinguish from having a monarch. It could also be distinguished from "We, the Government".

To this extent I find it meaningful that the people of the United States are the ones who form the Union. It is not the Union -or government- that makes people or gives them a meaningful existence.

The Constitution was written hundreds of years before people watched 24 hour cable and talked like buffoons about how rights from government were supposed to somehow give them a meaningful life.

The great founding fathers were given few rights from the British government, and yet they were able to do much with their lives before there was anything like a Bill of Rights. All this is to say the government exists for the people and the people do not exist for the government, whatever John F. Kennedy might have said about that.

The preamble clarifies to its readers five things the Union ought to provide to it's people, and they are:

1) Established Justice

This is not "social justice" or "redistributive justice" or assurances that the average minority or alternative lifestyle makes the same average salary of everyone else. Established Justice means when someone robs you, the government has a responsibility to intervene and return your property. We live in a day where the government is continually looked upon as a vehicle to redistribute property -making the government the robber instead of the provider of Justice.

2) Domestic Tranquility

Domestic tranquility is opposed to international tranquility. The founding fathers did not expect us to intervene in every place around the world that seemed instable. In my opinion Communism presented a direct freedom to American-style Liberty (aka the best liberty afforded by any nation). These days we are constantly wishing to intervene in nations around the world, and the UN is constantly requiring funds from us to throw at conflicts around the world.

3) Provisions for the Common Defense

The Constitution explicitly recognizes the need to spend government funds on military spending. The military has gone out of fashion with the media elites of our day. In some countries, such as Canada, the military is considered to be a minimal and unimportant branch of the government. In New York, the police force was kept minimal pre and post Guilliani and the corruption and crime of the city have shown the fruits of straying from the priority of supporting the Common Defense.

4) The General Welfare

The framers of the Constitution did not understand "General Welfare" to mean you get free money as soon as you retire. This meant that the government had to do things for "everyone" and not just the middle class (whom every Democrat since Bill Clinton has directed all their campaigning and legislation to assist).

5) Security of the Blessing of Liberty

The framers of the Constitution didn't want the United States of America to become a nanny-state. In our day the government is becoming oversized to the point where it is dictating how many miles per gallon a car must be able to travel. Minimum wage laws also come to mind. In some states, like Hawaii, it has tried to fix the price of gas. In other states certain kinds of fat are against the law! The government has also taken it upon itself to end smoking. Again and again people are stripped of their economic liberties when the founding fathers explicitly put clauses to prevent these very travesties.


In summary, the wise framers of our Constitution intended government provide a narrow limit of services. There is no right to privacy, no right to a "living wage", no right to prescription drugs for seniors, or medical services, or food, or the internet or any of the other bread and circuses that people today claim to be entitled to. The founders understood that for liberty to thrive people needed to live their own lives and not have the government do it for them.

6 Comments:

Blogger Lady Lavender said...

Dear Matthew, I'm afraid you are terribly old fashioned. Don't you know that Socialism is cool in America now? Of course, few of those who think it is cool have ever lived under socialism or have any understanding of capitalism. Most, I'm afraid, just want an easy life, and Uncle Sam footing the bill sounds good to them.

I wonder how long it will take for the bulk of Americans to realize that this $800 billion plus plan they are trying to pass is not about the economy or jobs but power. It is in fact a government stimulus plan that will grow government to a size and scope that has never been imagined in America before. And hold on, the only jobs will be government jobs because printing all of this money is going to send us into hyperinflation and none of our money with be worth anything anymore. It will be just so much paper which it seems our Constitution is also. We have moved so far away from it that it is really not a concern to many if we do away with it all together. Lots of political science people who think they are smarter than most of us would like to completely redo the Constitution. I'm afraid I have no confidence in them to create something as brilliant as the original.

Sorry, I'm hacked off about a lot of things. There is a lot that threatens the land that I love these days and I don't think any of us know what to do about it.

January 29, 2009 3:38 PM  
Blogger Matthew Canonicus said...

A lot to be said, you are right. Your parallel between the devaluing of currency and the devaluing of the Constitution is interesting.

And, of course, Socialism is nothing new: see Eastern Europe, Lyndon B Johnson, FDR, the first year of the Plymouth colony, the Adamites, the bread and circuses of Rome, etc. etc. All attempts have lead to poverty if not total failure.

PS - I think it's a miracle the House Republicans stood up to Obama. His plan is doomed and that's why he wants his enemies on board with him. He doesn't need them to pass the legislation.

January 29, 2009 9:25 PM  
Blogger Lady Lavender said...

He needs them for his image. I hope the Republicans keep standing up to him. If they want the American people to vote for them, they'd better start acting like conservatives. I hope all of this will serve as a wake up call and return them to what is important.

I remember when we were still on the gold standard and coming off of that set us on a slippery slope. Pumping these huge amounts of paper into our economy is sure to set us up for hyperinflation. The money is worthless because it is based on nothing. Likewise, the Constitution was written for a moral people and without that morality to uphold it, it too becomes worthless paper.

"America is great because America is good. When America ceases to be good, America will no longer be great." Toquville

January 30, 2009 8:14 AM  
Blogger Lucy said...

It is during tough times that people look for a strong leader. People are scared. That is why after FDR a term limit was placed on the office of President. Sometimes when people are scared, have no jobs and are losing everything they are willing to sacrifice their liberties for a strong leader promising it all. The problem, "how much are they willing to give up?" "What is the limit?"
Americans like their freedoms and as they start handing them over to the government when will they start to feel 'watched'.

In addition, eventually, they will have to all be taxed to pay for everything. They are kidding themselves if they think they won't. Companies will raise prices to cover the government taxing too. All Americans will pay for this huge government and this government that continues to dig itself deeper and deeper into debt. Social Services have to be paid for.

It is frustrating to try and explain this to the young. Where do they think the money is going to come from? Just the rich? Truly, they are fooling themselves. That is such a sales pitch. Trust me, the rich protect their money. It will be the middle class paying. Period.

The battle was always a limited government or big government. We are so far into big government it is not even funny. The argument now is containment or growth. I'm not sure there is hope in downsizing!

January 30, 2009 11:57 AM  
Blogger Matthew Canonicus said...

A slippery slope to be sure Lady Lavender.

But what is the gold in the gold standard based on?

January 30, 2009 11:11 PM  
Blogger Matthew Canonicus said...

Good point about the twenty-second amendment, Lucy.

You heard there are House Democrats who are currently trying to repeal it?

I'm afraid Napoleon might be in the White House.

Or worse.

January 30, 2009 11:12 PM  

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