The Preamble to the Constitution: Unity, Justice, and Change

We the People: Inclusion and the Evolving American Identity

The Preamble to the Constitution establishes the tone of the remainder of the document, underscoring the most important feature of a government that is empowered by the will of the people. "We the People," the first three words of the Preamble, is one of the most important phrases in American political history. With this simple but all-important first-person plural pronoun, the framers begin with a resounding sense of what it takes to create a government that is inclusive and collaborative.

Yet American history and politics has continually shown that "we the people" have grappled with the government—in one case leading to war—in order to manifest the principles of "liberty" and other promises the framers had made. When the Constitution was ratified, "we the people" referred only to white males. The phrase has meant different things at different times, depending not just on demographics but also on changing social norms and ethics. The changing concept of "we the people" reflects the subsequent phrase in the Preamble: "in order to form a more perfect union." A "more perfect" union is a union that is continually striving for perfection—its best version of itself. It is imperfect, but always willing to grow and change to promote the pursuit of happiness. Therefore, an underlying principle embedded in the Preamble to the Constitution is change: the desire to change and the willingness to progress and improve.

The Preamble as a License for Federal Authority

The Preamble to the Constitution licenses the American government, providing an executive summary of the fundamental roles the federal government can, should, and will play. Used twice in the Preamble, the word "establish" clearly states the framers' intent to build, construct, and affirm a formal democratic government. The Preamble is also kept brief but includes several pithy phrases outlining the mission of the government. Therefore, the Preamble tacitly limits the government to the primary features listed in the brief opening statement of the Constitution.

Those features include "establishing justice," referring to the judiciary, and "providing for the common defense," referring to the military and a cohesive national defense strategy. The clauses "insure domestic tranquility" and "promote the general welfare" are more complex and nuanced notions of the government's role in promoting a high standard of living and quality of life for "we the people." These are phrases that are likely to be interpreted differently by different people, and at different times. Insuring domestic tranquility could refer to the National Guard, but it could also refer to the role of government in protecting clean air and water. Promoting the general welfare could be interpreted as support for robust social services programs, although many Americans would disagree.

Because the phrase "do ordain and establish this Constitution for the United States of America" concludes the Preamble, it is certain that the framers intended for this document to become the legal contract upon which the government was formed and with which it would be maintained for posterity. The remaining Articles of the Constitution outline the branches of government, their specific roles, functions, and duties, and the limitations on their powers. The phrase "secure the blessings of liberty to ourselves and our posterity" opens the door to the Bill of Rights and successive Amendments to the Constitution. Whereas the Articles of the Constitution do not mention specific rights and liberties, the Bill of Rights most certainly does.

Constitutional Change and the Living Document

The Bill of Rights and other Amendments to the Constitution allow the United States to become a "more perfect union" for "ourselves and our posterity." In essence, amendments represent change, progress, and shifts in social norms and values. The abolition of slavery and universal suffrage are the two most notable ways Constitutional Amendments have secured the blessings of liberty, creating a more perfect union and expanding the definition of "we the people."

By welcoming change, the Preamble prevents the Constitution from becoming stagnant. The document is alive; it is referred to daily by the judiciary, by legislators, and by ordinary citizens. Keeping the Constitution alive through the promise of change is critical to maintaining its relevance for each successive generation of Americans. "Creating a more perfect union" means allowing the people to decide the character and utility of political institutions and governmental structures. Parts of the Constitution are left deliberately vague in order to allow each generation to decide how best to interpret governmental structures and institutions.

Interestingly, the Preamble mentions only one main branch of government: the judiciary. By mentioning justice but neither legislation nor executive leadership, the framers intended for the judiciary to be the branch of government entrusted with the responsibility of guiding social and normative change. The judiciary has in fact risen to the occasion, sometimes making decisions that seem to contradict the core principles of the Preamble and other times upholding those principles. The Dred Scott decision did not insure domestic tranquility, but Loving v. Virginia (1967) did promote the general welfare. The Preamble never claims that the United States is perfect; only that its primary goal is to become more perfect over time.

Conclusion: Justice, Union, and the Mission of American Government

When forming a government, one of the most important considerations is how it will be structured and what its overall mission and duty will be. The Preamble to the Constitution instantly defines the government of the United States with the first-person plural pronoun "we," and then proceeds to humbly acknowledge that its government is willing to change to become "more perfect." Moreover, the wishes of passionate anti-federalists were effectively set aside; the Preamble stresses the concept of "union" as being central to making the government work. A fragmented organization will have difficulties collaborating and aligning its mission, vision, and goals.

Although the Preamble does not define any specific actions, policies, institutions, or practices, it sets the tenor for these essential features of political culture. The first issue mentioned is justice—a complex issue but one that is the cornerstone of the type of society the framers envisioned. Justice means fairness, which implies one unified set of legal principles against which each person is judged. Yet justice also means establishing cohesion between states and the federal government. Establishing justice therefore means ensuring consistency between state and federal law, which is why the Supreme Court is vested with the power and authority to resolve conflicts between states and to evaluate the legitimacy of any state law in light of constitutional law and principles.