Preamble to the
Constitution for the United States of America
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
We the People
We, the People, are the Sovereign Living Souls who proclaimed our unalienable rights in the Declaration of Independence, and then fought, and won, a War of Independence with England to establish those rights. We are now writing this Constitution to form a government that will better secure those rights.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. - The Declaration of Independence.
Our Constitution is the "Law of the Land" and every Law requires an Enacting Clause that defines who wrote the law and what authority they had to write it. The Preamble is the enacting clause for the Law of the Constitution that We, the People of the United States, are writing.
Our Authority for being able to write this Constitution is that WE are the SOVEREIGN PEOPLE OF THE UNITED STATES.
There can be no limitation on the power of the people of the United States. By their authority the State Constitutions were made, and by their authority the Constitution of the United States was established; - U. S. Supreme Court - Hauenstein vs Lynham (100 US 483)
of the United States,
At the time the Constitution was written the entity referred to as the "United States" was a union of the States under the Articles of Confederation.
The Articles of Confederation are very clear that the States gave up no sovereignty, and they kept all their separate rights and powers to function as independent States. This is a good part of the reason the Confederation was not working. Each State retained the right to do everything for itself and no provisions were made for any unified operation by the several States. Even when this Constitution was being written, the States were very jealous of their individual sovereignty and did nothing to give it to the Federal Union. They merely gave the Federal Union the power to deal in Foreign Affairs on behalf of all of them, and mandated that the Federal Union was responsible for their defense.
Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and Right, which is not by this confederation expressly delegated to the United States, in Congress assembled.- Articles of Confederation - Article II.
It was the continuing disputes between the States that caused them to seek further agreement between themselves and to try and solve some common problems. With this in mind they called a Constitutional Convention. The Federal Convention was held during the summer of 1787. It completed its work in mid September and sent our new Constitution to the States for ratification.
Please be aware of the facts that:
It was the States, under the direction of the State Legislatures, and with the approval of the Citizens of the States, that created the Federal Constitution.
It is a well established fact that, he who creates something is the owner of his creation. He has the power do with it as he see fit, including the right to change, or to even destroy it if that's what he wants. The People, through their representatives in their State Legislatures created the Federal Constitution, and it is their right to do with it as they see fit. If it fails to meet their needs, they have the right to alter, or to abolish it, and to create a new government they feel will be more likely to effect their Safety and Happiness.
that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. - The Declaration of Independence.
The Constitution retained many of the concepts originally established in the Articles of Confederation. Just as in the Articles of Confederation, the States specifically retained their freedom, their independance, and the powers and sovereignty that had been granted by the Sovereign Citizens of the State.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. - Amendment IX - Bill of Rights
Over and above all else - We the People retained all of our Sovereignty, our Unalienable Rights, and the Power to use and to excercise our Sovereignty and Rights.
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. - Amendment X - Bill of Rights
in Order to form a more perfect Union,
The States had already formed a union through the establishment of a Federation and had set up a model constitution known as the Articles of Confederation.
This arrangement was not working like they planned, there were still many problems between the States that needed to be solved, and so the statement of forming a "more perfect union" describes exactly what they intended to do.
Each of the following clauses are the requirements, established by the States, the Delegates had to address.
The individuals were perfectly aware of the fact that ALL OF THE POWER RESTED IN THEIR SOVEREIGN HANDS, and that neither the States the people had created, nor the union they were in the process of creating held any power other than what they jointly determined to grant, AND, even then, they were fully aware of the fact that they had the power, authority, right, and DUTY to modify or change their State government or the Union, now being formed, in order to achieve their goal of securing the Blessings of Freedom for themselves and their Posterity.
NOWHERE in any of the writings, decisions, granting of powers, or otherwise, did the sovereign individuals do anything to diminish their own powers. They had just fought a war to guaranty that their Unalienable Rights and Powers really existed and were actually vested in each sovereign individual. They were fully aware of the fact that their rights were unalienable - they could not sell them, they couldn't transfer them, they couldn't even give them away. Our Creator has sealed our unalienable rights on us, and we'll have them throughout the eternities to com.
The state of a thing or right which cannot be sold. Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable, in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are unalienable. - Bouvier's Law Dictionary - 6th Edition - 1853
This does not grant the Union the power to establish justice within the bounds of any State. The People, themselves, had already established their Common Law Courts in each Community.
This clause refers to a system of justice that governs how the States deal with each other. It has nothing to do with the People.
The States were very protective of their own identity, and the sovereign Individuals living within the boundaries of the State, did not, and would not, relinquish any powers to the Federal Union other than what is specifically set forth in our Constitution.
This clause was to establish a uniform system of justice between the States so that the laws of one state would be recognized as valid laws of that State, not that the Union had the power to establish any laws of any kind over the people of any State. The Union, being formed, was not given any power over any individual, or the power to regulate anything within a State.
insure domestic Tranquility,
When you consider that the whole purpose of the Federal Convention was to establish "a more perfect Union" between the States it becomes very clear that this statement is pointed at settling disputes and troubles between the States and has nothing to do with anything inside the States.
In today's terminology this could be referred to as a "Non-Aggression" clause. A provision that no State would invade, attack, or in any other way interrupt the ability of another State to exist or to function. This is also designed to insure that each State, not the Federal Union, would be able to provide for the sovereign individuals living within that State.
provide for the common defense,
This clause is a "Mutual Defense Pact" that provides a treaty between the States so that if any State is invaded or attacked by an outside source they will all come to its defense.
promote the general Welfare,
This is absolutely NOT a clause that provides for feeding the homeless and the needy.
The use of the word "Promote" does not imply the responsibility, or the right, or the obligation to "Establish," "Create," or to otherwise "Provide" in any manner or fashion anything to the General Welfare. Promote means exactly that, to aid and assist the States and the Sovereign Citizens of the States in their efforts to improve their lifestyles by helping secure the Blessings of Freedom.
There is a distinct difference in the meanings of the words "promote" and "provide." That difference may best be illustrated with the example of someone who is invited to a picnic. They are asked to "provide" a salad, which they do by bringing a salad to the picnic. Another guest is asked to "promote" the salad. If this guest brings a salad they were not asked to provide they have exceeded the bounds set by the host who arranged the picnic. In order to "promote" the salad they merely need to make sure that everyone at the picnic is aware the salad is there for them to partake of.
Each of us, as Sovereign Individuals are responsible to "provide" the necessities of life for ourselves and our families. This includes a comfortable home, peaceful surroundings, and the material things the family needs, or wants. Our government is to "promote" our ability to provide for our family by making sure no individual, or government agency does anything to interfere with our Sovereign Right to work and "provide" for our individual needs. When our government exceeds the bounds we have set and tries to "provide" things to the Sovereign Individuals they upset the delicate balance that has been established and destroy the incentive to "provide" for our own families.
Here's what the Supreme Court had to say about the matter as they expand upon a portion of the Declaration of Independence. The Green is the original words of the Declaration of Independence. The Blue is what the Supreme Court had to say.
We hold these truths to be self-evident that is, so plain that their truth is recognized upon their mere statement that all men are endowed not by edicts of emperors, or decrees of parliament, or acts of congress, but by their Creator with certain unalienable rights. that is, rights which cannot be bartered away, or given away, or taken away, except in punishment of crime and that among these are life, liberty, and the pursuit of happiness; and to secure these not grant them, but secure them governments are instituted among men, deriving their just powers from the consent of the governed.Among these unalienable rights, as proclaimed in that great document, is the right of men to pursue their happiness, by which is meant the right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give to them their highest enjoyment. The common business and callings of life, the ordinary trades and pursuits, which are innocuous in themselves, and have been followed in all communities from time immemorial, must therefore be free in this country to all alike upon the same conditions. The right to pursue them, without let or hindrance, except that which is applied to all persons of the same age, sex, and condition, is a distinguishing privilege of citizens of the United States, and an essential element of that freedom which they claim as their birthright. U. S. Supreme Court 111 U. S. 746
To "Let" is defined as granting a license, a charter, or some other right or privilege to an individual, or group of individuals. Even today we may use the term "let" in talking about "letting" an apartment - which means to lease, or rent an apartment. You can only "let" something you own. The government does not own any of the People's business activities or unalienable rights.
There is nothing in the Constitution that allows the Federal Union to do anything for, or to, the private individual. The only powers granted to the union are those concerned with dealings with the States, the Indian Tribes, and with Foreign Nations, not the Sovereign Citizens.
This clause is pointed at settling the problems between the States so as to provide a safe and secure place in which each sovereign individual can enjoy his, or her, "Life, Liberty, and the Pursuit of Happiness" as guaranteed in the Declaration of Independence.
and secure the Blessings of Liberty to ourselves and our Posterity,
With the States firmly and securely established, and the disputes and problems resolved, WE, the Sovereign Citizens of the States will have secured the Blessings of Liberty for ourselves.
What good would it be to gain the blessing of Liberty for ourselves if we did not create a means to pass those same blessing on to our children, our grandchildren, and the rest of our posterity?
do ordain and establish this Constitution
This is the balance of the Enacting Clause.
The word "ordained" is equivalent to the word "enacted."
It is very interesting to see that the purposes behind the writing of the Constitution are embedded in the middle of the Enacting Clause. Thus, the reasons for the Constitution actually become a part of the Enacting Clause, and in some sense may be construed to be sealed and unchangable. To change, or to violate the Enacting Clause would invalidate the Constitution. Thus the Constitution is ordained and established for the specific reasons set forth above, AND NOT FOR ANY OTHER PURPOSE.
If the Founding Fathers had wanted something else, they would have said so.
The minutes of the Constitutional Convention, that were kept by James Madison, very clearly show that there was a lot of debate over each item that went into the Constitution. There was even debate over which word would best define the meanings, and the provisions, that they wanted to establish and ordain.
Establishing the Constitution was taken very seriously by our Founding Fathers, and they did a marvelous job in performing the task set before them.
The use of the word "FOR" is very interesting.
The word FOR implies that the Constitution was established "FOR" the benefit of those who were participating in the process of creating the Constitution.
The creators were in reality the sovereign individuals who lived within the boundaries set for each of the States.
Had they used the word "OF," as is commonly used in error today, it would have implied that the Constitution was established as a set of rules outlining the existence OF a new entity.
This was not the case, they were creating a union FOR the benefit of We, the People of the United States, and so they used the word "FOR"
the United States of America.
This is where the Founding Fathers described who the Constitution was FOR.
The word "United" refers not to the name of the entity but implies that it is the various States who have UNITED to form the Constitution.
That this is the case, is more than evident from the fact that the signer's of the Constitution did so on behalf of their States.
Of course, the word States, refers to the political entities that were created by the sovereign individuals residing within the boundaries established for each State, and the word America merely defines the geographical location where all of this is taking place.
When viewed in its true light, the Preamble defines a treaty between the States that is designed to provide various functions and benefits for the sovereign individuals residing within a State. It does not create a new government to rule over the States, and especially not over the people.
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