Essay on "Preamble of the U.S. Constitution"

Essay 4 pages (1360 words) Sources: 1+

[EXCERPT] . . . .

preamble to the U.S. Constitution: Setting the tone for American democracy

America's Founding Founders 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 lead by a single leader. Despite their initial reticence about creating a king-like figure in the form of the 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 21st century through extension of civil rights to all African-Americans, regardless of where they resided. Being a resident of a 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.

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 citizen's 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. The Founders stressed the need for preserving justice in an orderly fashion, because of one of their great concerns was the extent to which prisoner's rights were overlooked and abused in a monarchical system (although many of the provisions of the British common law tradition influenced 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 also 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 right of the government in the legal system of the new nation. Today, the role of the government in preserving domestic tranquility is perhaps best embodied in the establishment of the Department of Homeland Security, which attempts to police the nation's borders and fight threats from within as well as from without. Additionally, the establishment of the Surgeon General and Department of Health and Human Service… READ MORE

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