There's a protest that requires streets to be closed and will create a lot of noise. The protesters legally acquire all permits, but there is guaranteed disruption to citizens that live near the protest's path in the form of increased traffic, loud noises, inconvenience, and possible escalation from counter-protesters. How specifically does the local government insure the rights of the protesters will keeping the nearby public space as tranquil and peaceful as it usually is?
You see how the government must balance a wide range of rights, desires, and goals, all of which are respectable and valid. There is no clear cut answer, and democracies are always full of different opinions on how to solve them. But regardless of the approach, it is the government's job to make laws that balance them all. There's a couple other sides to this goal which are more obvious.
The United States Constitution--Preamble
One is to manage disputes between states. States have a lot of independent power under the Constitution, and the Founders knew that would inevitably lead to two or more states bickering over something. The federal government, being, in a way, the manager or parent of the states, would ensure two states couldn't fight each other, militarily or otherwise, by resolving disputes with federal law that would supersede any state law. Fast fact: Federal law trumping state law is known as the supremacy clause.
The other aspect is rebellion. The Founders themselves were rebelling against Britain, so they certainly knew it was a possibility that United States citizens might try to do it, too. The Whiskey Rebellion occurred only two years after the ratification of the Constitution. Nonetheless, violent rebellion is not the ideal option, and the Founders had implored the British crown to change before resorting to military revolution.
To that end, the US Constitution tasks the federal government with suppressing violent uprisings and rebellion. After all, in a democratic system as the United States, the entire government leadership could, in theory, be replaced the next election, changing the country's direction without changing the country itself. That isn't possible in monarchies like Great Britain was then.
In other words, the Founders deemed violent rebellion unnecessary, and therefore suppressible, in a democratic system were peaceful alternatives existed to achieve the same ends. This is possibly the most well-known of the federal government's responsibilities: defend against foreign intervention. But it's phrased differently and more generally as "common defense," which means a whole range of things, military and otherwise. It also doesn't require the government to maintain a military, but just to have one expressly when common defense by a military is needed.
In fact, the US Constitution does not at any point mandate the federal government have a standing military. The standard practice was to call up militiamen, which were ordinary men at the time it really was just men, no women like today , to fight in the country's defense when military action was needed.
Form a More Perfect Union
And at the time, President Eisenhower warned about the incredible dangers of the "military industrial complex" that arises when militaries are too big, powerful, and long-standing. Interestingly though, the US Constitution does, later on, instruct the federal government to maintain a navy. But nonetheless, we should understand that "provide for the common defense" does not translate into "maintain a standing army, even in peacetime," but instead just includes being responsible for organizing and applying military defense when the country is at threat.
There's more to the common defense than just war, though, especially today. With the explosion of technology and its ever-greater influence in our lives and society, common defense can also mean preventing foreign nations from hacking our energy grid or election systems. It can mean monitoring spy activity or even doing spy activity of its own. Defense for our nation comes in many forms.
One important difference between this and establishing justice is the domain.
Justice is applied to people breaking laws within the United States, while common defense refers to protecting those within the United States from external forces. These questions are never directly answered. In fact, debates around the size and role of the federal government in protecting the social wellbeing of its citizens is a pivotal issue even today.
While there isn't a direct, obvious direction here set by the Founders, this goal nonetheless instills a general idea of the government having some level of responsibility to the social wellbeing of its citizens. Whether this means just actions like building roads or all the way to the like of funding everyone's healthcare isn't clear from this statement.
We can only interpret this in the greater context of the rest of the Constitution and the actions of the first US presidents, many of whom were Founders. But since many of the current debates on this front in the United States today were not even relevant at the time e. The last goal is rather simple yet elegantly worded. In simpler terms, it means, "preserve the amazingness of liberty for everyone and future generations.
Each generation has a responsibility to remember the identity of the country and maintain the country's longevity, leaving it the way it was found. A government active in remembering its purpose and identity is part of that effort. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus, the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession, which the peculiarity of our political situation rendered indispensable.
That it will meet the full and entire approbation of every State is not, perhaps, to be expected; but each will, doubtless, consider, that had her interest alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that Country so dear to us all, and secure her freedom and happiness, is our most ardent wish. By the unanimous order of the convention.
The Constitution of the United States: A Transcription
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring , that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
Article the first. After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
Article the second.
Our American Government | Congressman James E. Clyburn
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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- We the People;
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The enumeration in the Constitution , of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Congress shall have power to enforce this article by appropriate legislation. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office.
Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session.
If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.
In May , a committee of Congress made a report recommending an alteration in the Articles of Confederation, but no action was taken on it, and it was left to the State Legislatures to proceed in the matter. Objectives Students will be able to: identify guiding themes within the Preamble by reframing different sections of the preamble in their own words. Constitution by comparing and contrasting the draft of the Preamble to the final version.
United States Constitution first manuscript draft by James Wilson, Display or handout the Wilson draft of the Preamble of the Constitution and explain to the students: a. Ask the students to turn to their partner: a. Have student share. Have students share. Exit Ticket: 1. Why Words Matter - Preamble.
Wilson Draft of the Preamble. Preserving American Freedom. Unit Plan:. Drafting the Nation. Plans in this Unit Declaration of Independence.