The U.S. Constitution's Preamble and American Democracy

Introduction: Forming a More Perfect Union

America's Founding Fathers wished to form a more perfect union because they recognized that a fractious and fragmented conglomeration of states would be unlikely to survive in a world full of powerful nation-states led by a single leader. Despite their initial reluctance about creating a king-like figure in the form of a president, the executive branch was established to function as the head of government, and the president was given powers to act as commander-in-chief. The central government was also given the authority to levy taxes, regulate interstate commerce, and declare war.

The need for unity in government, in contrast to states' rights, was most dramatically demonstrated in the 20th century through the extension of civil rights to all African Americans, regardless of where they resided. Being a resident of a particular state could not deprive a person of his or her rights. Federal income taxes, although they remain a point of contention in terms of how they are levied and what they are spent upon, are also not seriously questioned as part of the necessary functioning of a strong and unified government. Americans must be unified under a common network of mutual obligations and laws for national government to function, and they must also be protected against potential abuses of their individual rights by state governments.

Establishing Justice Through the Judiciary

To establish justice, a judiciary branch was created in the form of a Supreme Court, to act as a final authority in deciding what was just according to the laws of the land. The U.S. Supreme Court continues to use an evolving body of established legal precedents to determine when legislatures — including the U.S. Congress — have passed potentially unconstitutional provisions and when citizens' rights have been violated.

Within the Constitution, many provisions of the Bill of Rights specifically pertain to the justice system, such as the Sixth Amendment, which mandates: "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 defense." Recent Supreme Court decisions have further clarified what these provisions mean. For example, indigent defendants who cannot afford their own lawyers can obtain the services of a public defender to assist in their defense.

Ensuring Domestic Tranquility

The Founders stressed the need for preserving justice in an orderly fashion because one of their great concerns was the extent to which prisoners' rights were overlooked and abused under a monarchical system — although many provisions of the British common law tradition did influence the construction of the Constitution.

The words "to ensure domestic tranquility" were inserted into the Preamble to stress the federal government's critical role in policing the new nation. The rights of the new government in relation to the populace were clearly defined. According to the Fourth Amendment: "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." Additionally, the right to trial by jury was codified within the Seventh Amendment. These amendments clearly define the roles and rights of government in relation to the citizenry as a whole and established the role of government within the legal system of the new nation.