Six Preamble Functions Essay

770 words - 4 pages

The preamble of the United States Constitution was almost an afterthought. It was not proposed or discussed on the floor of the Constitutional Convention. A delegate from Pennsylvania, Governor Morris, who drafted the final text of the Constitution, thought it up and drafted it at the last moment. The preamble helped to summarize the purpose of the Constitution. The Preamble did not, in itself, have any solid legal meaning or purpose. Preambles were not legal precedent or to be read as giving or limiting power. The preamble helped the Framers of the Constitution set the tone for the Constitution. Our Founding Fathers knew our government was not perfect, but we had a goal. We knew we could show the world the values and thoughts that are conveyed in the Constitution.
The Preamble's first-mentioned purpose is, "to form a more perfect Union." A more perfect union was simply a better and stronger one than had existed before the Constitution. Madison stated in The Federalist No. 41 that "the powers proposed to be lodged in the new federal government, are as little formidable to those reserved to the individual states as they are indispensably necessary to accomplish the purposes of the union." His meaning is clear that the states of the Union hold the majority of power, but they need to work together with that power to keep and grow the United States, which will “form a more perfect Union.” The legislative branch is a part of our government that is used to help with this clause. Laws that protect and help our country grow, both domestically, and on an international level help to make us a better, stronger, and “more perfect union.”
The second objective, to "establish Justice," the main idea is to "establish” justice. The American states and local governments had working court systems with judges, and trial by jury. Governor Morris knew what he was saying and meant it literally. Many of the Framers thought that the states had run rampant and abused individual liberties in a variety of ways. The solution was fairly simple: establish the Supreme Court and the provisions for a federal judiciary that is superior to the states courts. The federal court system is obviously an example of this function, from regional courts, through the Supreme Court.
The third function, to "ensure...

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