Prometheus 6

(Due to spotty ISP service last night, this is a bit late)

In our discussions of principles for interpretation of the Constitution, I've noticed the sequence of statements is given weight. It has been argued the most important amendments in the Bill of Rights are the first ones declared. It has been argued that Congress, as the first branch defined in the Constitution, is first among equals. I think that lends weight to my suggestion that the preamble should be given more importance.

Yes, the preamble...the very first sentence in the document.

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.

People want to skip right over that bit to the crunchy parts, the articles describing the structure of the government. This is foolish. You see, if it wasn't important it didn't have to be included. But those very literate men folks call the Founding Fathers not only made this statement, they made it before describing anything else. They want you to know what the structure they are about to describe is intended to do...work toward perfecting the union, establishing justice, insuring domestic tranquility, providing for the common defense, promoting the general welfare, and last but certainly not least, securing the blessings of liberty for the people of the United States. And though that people originally included only white male property owners, legally speaking that citizenship has been extended to all of us.

By making their intent crystal clear, the Founding Fathers gave direct guidance to subsequent generations. They defined a mechanism for changing the structure of the government by Constitutional amendment, but none for changing the purpose of the government. It is a necessary constraint on the 9th amendment (The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people). And if you look at the later amendments you'll see they all fulfilled at least one of those purposes, except the Prohibition amendment...and that one was reversed.

In America's civic religion, the preamble of the Constitution defines Good. And is brutally overridden by the Capitalist standard of Good, but that's one of the things that needs correcting. Still, this is the basis of the ethics which I feel support operating our government as a citizen's union.