Tag: founding fathers

  • …and Secure the Blessings of Liberty to ourselves and our Posterity

    The final clause outlining the intended purpose of the Constitution (and the government it envisions) begins with the conjunction ”and”; writing, ”and secure the Blessings of Liberty to ourselves and our Posterity.”

    The Preamble itself has no legally binding powers. It is sometimes referred to as ”the Enactment clause” as that statement of purpose for all that follows thereafter. But, as an introduction, it has no equal. 

    The framers began the Preamble (serving as an Introduction/Summary) with the famous words ”We the People”, thereby declaring for all history that this is to be a Constitutional government created of the People

    They are meeting, acting, and writing, as Representatives of the People. They are doing so freely, not of compulsion, nor asking permission of anyone but themselves and their constituents to draft a Constitution to form a new Government. They know that a process of ratification will need to be carried out and approved by the People to see their labors come to fruition. Anticipating approval, they set forth in this last clause what the expectation of those fruits should be for the People.

    The reader of the Preamble finds the following verbs in the infinitive case, form, establish, insure, provide, promote: each with a specific direct object in mind. These have been discussed at length in the previous essays put forth in this series. Each of the first five clauses describe the creation by the Constitution, of ideas, institutions, and relationships not then in existence. We have seen how they build upon one another. 

    The final clause is not creative in the same sense, but rather speaks of the ability of the Constitution to secure the blessings that are the expected outflow of the type and manner of government the Constitution will ordain and enact. The framers foresee a nation operating under the mandates they’ve drafted as one that will preserve liberty, deriving its just powers from the governed. 

    Thus, the Constitution, by adoption of its various Articles and provisions, forms a Union, establishes Justice, insures domestic tranquility, provides for common defense, promotes general welfare and is meant by the effective and ongoing function of these, to also secure the blessings which will naturally follow.

    It is interesting that the framers did not write, ”and secure the Wages of Liberty”. Instead, they chose the word ”Blessings” as that goodness accorded to the recipient by one having the power to “Bless”. A blessing is not based upon either contractual obligation or merit, but as the bestowal of a gift. 

    The framers are careful to name no particular creed or religion or doctrine. But no one can seriously deny their implied belief that People created free and equal, joined in the brotherhood of common purpose, treated justly (and treating one another justly without regard to rank or station), enjoying peace in their homes and persons, protected, provided for, and acting in liberty towards their fellow equally free citizens would not be a people blessed by their Creator.

    It is well that We the People should routinely revisit these beginnings, that we might re-dedicate ourselves to the Ends.

  • …to Promote the General Welfare

    There is nothing radical about Government acting for the Public Good

    The fifth stated purpose of Government of the United States as listed by the framers of the Constitution is ”to Promote the General Welfare”.

    There is much debate over the meaning and scope of this clause. It is ambiguous, and frustratingly ”open-ended”. The historic debate has centered on whether or not its inclusion here in the Preamble and in Article I, Section 8 is declaratory of any specific desired outcome. Providing a common defense, for example, is much easier to define and quantify, than to promote something as seemingly vague as the General Welfare. The conservative view has been that this phrase is simply re-stating the power of Government to enact Means for general purposes, by way of laying and collecting tax revenues, and that it isn’t about any socially advantageous Ends.

    James Madison, in several of the Federalist papers, and in arguments before the Virginia Legislature seeking to secure their ratification of the Constitution, argued for the more limited view of the phrase. He wanted to allay any concerns that the inclusion of the phrase ”general Welfare” might imply unlimited Federal powers to enact whatever the government might deem to be ”good”.

    Jefferson held virtually the same view. He argued that a broad interpretation would grant to Congress power so vast as to be ”indefinable”. He felt the foundational ground of the Constitution was its design to reserve to either the States or the People those powers not specifically enumerated in the document.

    Jefferson’s position is what we today refer to as a ”strict constructionist” view. Its proponents prefer to limit the actions of government to specific, enumerated, finite powers. In practice however, Jefferson, Madison, and most all strict constructionists, act quite differently than they profess to believe.

    It is interesting and instructive, that though this was undoubtedly Jefferson’s theoretical belief, when, as President, he was presented with the opportunity to more than double the land area of the United States by the Louisiana Purchase, he did so at the cost of $15 million tax-payer dollars in the ”general interest”. This was without a doubt the greatest real-estate bargain in history. The cost per square mile ending up being only around $18.

    This 1803 purchase, made in negotiations with Napoleon, was rooted firmly in the gray area of the General Welfare clause. It also had some negative consequences. It angered the Federalists, notably Alexander Hamilton. It created a strain on relations with Great Britain and with Spain. It was undertaken without the prior knowledge or approval of Congress.  It posed problems of citizenship regarding the annexation of non-English speaking creole inhabitants of Louisiana and New Orleans. Jefferson annexed them and made them citizens anyway, because non-citizens could not be lawfully taxed, and he wanted the tax revenues. The total cost ended up closer to $2.6 billion dollars by the time all of the treaties with the Native American tribes then inhabiting the purchased lands were finalized. Notwithstanding, the overall impact of Jefferson’s decision was clearly in the public interest.

    There is a large historical record revealing Jefferson’s anguish over whether such a treaty and purchase was even constitutional. He even went so far as the consideration of a Constitutional amendment to justify the acquisition. But, finally convinced by arguments from his supposedly strict-constructionist friend Madison, and other members of his cabinet, notably his Secretary of Treasury, Albert Gallatin, he rationalized,

    ”…it is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; and saying to him when of age, I did this for your good.” 

    Gallatin argued that since it was the prerogative of the President to negotiate treaties (though only the Congress had power to ratify them), that Jefferson was acting within his role as President and for the public welfare and protection. Jefferson was convinced.

    I include this historical narrative in an essay on promotion of the General Welfare to illustrate that it is not a stretch to suppose that the Constitution, even for strict constructionists like Jefferson and Madison, is at all times flexible enough to allow the Government to act in the public good.

    While it is agreed that we do not want a Government, ANY Government deciding and defining what ”good” is on all points, yet there are some cases that must be beyond dispute by reasonable persons with any degree of social conscience that manifestly promote the General Welfare.

    It must also be said that the qualifying adjective General, referring to General Welfare is prohibitive of government promotion of specific or private interests, which are not General in application. 

    Government promotion of benefits that are too narrow, too specialized in interest, too specific, and too limited in impact, is much more of a concern in today’s multi-million dollar political action committee climate, than the common conservative trope that government promoted welfare is too general and broad in effect. We would do well as a People to support those politicians who advocate for campaign finance reforms, the elimination of corporate subsidies, term limits for Senators and Congresspersons, and anti-corruption measures in general.

    The Louisiana Purchase presented an opportunity for Jefferson as the Chief Executive to act in what he believed would be the public good. He was correct. At other times in the nation’s history, Presidents and Congress have needed to respond to emergencies and crises. These instances, whether opportunities or emergencies, have been the immediate context for government actions to be taken in promotion of the General Welfare. Thankfully, the Constitution has proven flexible enough to allow for advancement of actions designed to promote public well-being, whether in response to opportunity or emergency.

    Among these are many actions undertaken by Lincoln during the Civil War, many provisions of Teddy Roosevelt, including the Panama Canal funding and treaty, as well as the creation of the National Parks system, and other economic provisions of his ”Square Deal”. Promotion of the General Welfare led FDR to enact a ”New Deal” to enable Americans crushed by the Great Depression to survive, find employment, and be prepared for an economic recovery. Add to these LBJ’s ”Great Society” accomplishments, Obama’s financial crisis bailouts, and current efforts spanning two administrations to promote the general welfare in the face of the COVID-19 crisis as further examples of the Federal Government acting in promotion of the General Welfare of the all the People of the country. This is normal, not radical. 

    The commonly accepted definition of the verb promote is this: 

    1. To further the progress of (something, especially a cause, venture, or aim); support or actively encourage.

    There can be no doubt that under this head, and by this definition, the Executive branch has nearly quadrupled from four cabinet positions under the first President, George Washington, to 15 cabinet level Departments in our day. Washington’s cabinet consisted of Secretaries of State, Treasury, War, and an Attorney General. 

    To these have been added Departments of Agriculture, Commerce, Defense (no longer a Secretary of War), Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice (wherein the Attorney General presides), Labor, State (Wherein the Secretary of State presides), Transportation, Treasury, and Veteran’s Affairs.

    One can see we are quite far from any validity to the ”strict constructionism” argument. None of these Departments was enumerated by the framers. Yet, they created a Constitution outlining a government having the legal framework to achieve the purpose for which it was created. What government would be worth having that had the power to tax only, but not the power to determine the appropriations of those tax monies in promotion of the public good? 

    We are in the midst of a current struggle with a global pandemic that has killed half a million fellow Americans. Article 1, Section 8 specifically authorizes the Federal government to fund scientific advancement. Thankfully, this is playing out in our day in the creation of vaccines and the funding of their dissemination which we all hope will end this national nightmare. Can anyone argue that this use of tax revenues is not in the promotion of the General Welfare?

    It is my belief that this particular scourge shows us something that touches on all of the tenets of the Preamble. It shows us how inter-connected we are with regard to our own personal health, our economic well-being, our defensive vulnerabilities, and the way stresses of a health-care crisis have revealed racial and financial inequities still in existence in our society.

    If this was a conventional war, we would be in the position of creating an army, a navy, an air force, drafting and training soldiers and sailors and pilots, building forts and ports and dockyards, and manufacturing tanks and ships and planes, all while under attack from an enemy already equipped and deployed. If this was a conventional war, we’d be hopelessly behind from our lack of preparedness and our lack of a centralized, fully mobilized national strategy utilizing unified tactics in purpose and resolve.

    The framers, when considering the costs of providing for a common defense, argued that the expenditures to prepare, provide, and maintain an adequate military would be far cheaper than the costs of fighting an actual war, especially one that might decimate the Homeland. They were correct then, and their logic is applicable to this current crisis. That logic is what motivates bi-partisan cooperation to fund the Nation’s defensive posture. The same logic needs to be brought to bear for the nation’s healthcare vulnerabilities. 

    Can anyone living through this crisis possibly believe that your neighbor’s, your co-worker’s health doesn’t affect you? Do you want your family’s health and even their lives jeopardized because the waitress at the restaurant where you like to eat breakfast cannot afford healthcare and cannot afford to miss work so she came to serve your family while carrying a potentially deadly virus?

    I believe that the General Welfare now demands a public healthcare system that is funded by tax revenues. Such a public system will reduce waste, reduce administrative costs, streamline treatment options, etc. that will be far more efficient in advancing the health care needs of the Nation. It is time for the purpose of health care to be caring for health and not generating profits. This is clearly, demonstrably in the public interest.

    This pandemic, and our national failure to respond adequately will end up costing well over half a million Americans lives. We won’t know for a decade what the final tally will be to the financial impact. Many small businesses are shuttered for good. More Americans have slipped into poverty, facing eviction, shortages of food, and are without money for utilities, than at any time since the Great Depression of the early 1930’s. 

    How is it not less expensive to create a healthcare infrastructure that makes Health and not profits the top priority, than it is to muddle through a catastrophe like the one we are currently mired in, paying trillions as we go? Would such a system not fall exactly under the purpose envisioned by the framers of our government to promote the General Welfare?

  • …to Provide for the Common Defence

    The first declared responsibility of the Federal Government
    United States Navy Aegis class missile cruiser

    The next two clauses in the Preamble set the stage for traditional subjects of dispute between conservatives and progressives in terms of the priority to be emphasized by the Federal Government.

    The framers of the Constitution, as the framers of a building, worked in careful sequence, line upon line, clause upon clause, building up first foundational principles, then erecting walls that could securely stand upon the foundation laid.

    To provide for the Common Defence [sic] is therefore the first declared responsibility of the newly created Federal Government.

    The first three purposes; Unity, Justice, and Domestic Tranquility, have in mind the creation of an autonomous, independent, uniquely American nation, poised to take its place among the existing nations of the world. Such a nation would be valuable. Its riches deriving both from command of extensive natural resources, and the sum of domestic goods produced by its citizenry. 

    The framers purposely crafted a government of limited, enumerated powers. The powers not enumerated, they declared to belong to the States or to be retained by the People. A people, united in purpose and by the affections of national identity, enjoying equal protections of justice under a system of laws, and secured in their persons and possessions by a government committed to insuring the domestic tranquility, would be poised for economic success.

    The geographical features of the United States had been exploited for well over a century by European Colonial Empires. In particular, it’s miles of coastline, with ingress provided by navigable bays and rivers, provided an economic engine to the United States, and also presented an indefensible vulnerability at its founding. Politics, Geography, and Economics are inextricably linked in the chain of historical cause and effect.

    And a nation capable of producing wealth (and one that had historically produced wealth for other Empires) would become the natural temptation and target of every other more powerful nation. The new nation needed to be adequately prepared and safeguarded. With this in mind, the framers declared the responsibility of the Federal government to provide for the common, shared defensive measures necessary to secure the fledgling nation from hostility. This is a bedrock principle of Federalist, conservative political thought. Rightly so. A nation subject to pillage and plunder from stronger nations leaves nothing left to conserve.

    The framers in their wisdom, and in their experience with the European monarchies of their day, knew that control of standing armies was particularly tempting to subversion by tyrants for merely personal reasons. So they placed the army under the shared authority of the elected branches of government. That way, the people would be freed from the fear that the army would be subverted by any one individual or branch, and used against themselves.

    The framers declared that Congress would have the power through taxation and control of the budget, to ”raise and support armies” and to ”provide and maintain a navy”. And to Congress alone was given the power to declare war.

    Command and control of the operations of the armies belongs to the Executive. That is, the President was granted power to command how the army was used to achieve its mission. The President also functions as Head of State. In this role as chief Diplomat, the President has tremendous opportunity to foster alliances that can keep the nation out of war.

    The historical record reveals the nearly unanimous belief that peacetime expenditures to prepare for war would be far less costly to the nation than actual war could be. Washington, in his first Annual Address to Congress said, ”To be prepared for war is one of the most effectual means of preserving peace.”  His advocacy for a standing army, prepared for war as a means of avoiding it, is well known. The founders and early Administrations followed the dicta that peacetime expenditures would cost less, and be more efficiently used than expenditures would be if the country waited to be attacked before making defensive preparations.

    The wisdom of these beliefs is shared by both major political parties in our day. The defense appropriations of 2020-2021 passed with bi-partisan super-majorities in both houses of Congress, only to be vetoed by the then sitting, Republican president , for what were widely viewed as unrelated, and purely personal grievances. In its wisdom, Congress voted to override the veto and passed a budget including 706 billion dollars allocated to the Department of Defense.

    This amount represents 15% of the federal budget and about half of all discretionary spending. It is also an amount that is greater than the next 10 countries combined. This last fact has some wondering if what has traditionally been a conservative principal has been co-opted by corporations of the so-called ”military-industrial” complex for purely pecuniary gain, in the name of the ”Common Defense”.

    Many of the corporations holding contracts for the nation’s defensive efforts are fortune 500 companies whose profits would shrink if the United States Congress shifted budgeting priorities by even a fraction. These companies are powerful lobbyists and donors to the political coffers of those who will continue to apportion huge amounts of the annual budget. Tax dollars that are supposed to fund measures for common defense, not pad the profits of corporations.

    Conservatives rightly advocate for an overwhelmingly strong defense. To date, at least in purely military terms, the United States remains without serious rival. But with the march of history, the areas of vulnerability are also shifting. 

    The United States began with no navy whatsoever and thousands of miles of coastland to guard. Its commercial vessels were subject to piracy on the high seas. Congress undertook to fund and provide a Navy. It took over a hundred years, but by the end of World War II, the United States Navy was without rival and made the United States the last standing hegemony, able to project power across the globe via its Navy and Air Force.

    The Navy protects not only military interests, but also commercial ones. While most overseas commercial trade is still conducted on the water, especially to the Asia Pacific, the proliferation of air-travel and air-freight has made the might of America’s Air Force the envy of the world. 

    And it goes without saying that our nuclear arsenal could not only defend us, but could assure the destruction of anything on the planet worth either defending or conquering. Deterrence is the only viable reason for maintaining a nuclear arsenal of weapons.

    Now, we face threats to our defense of a different sort, primarily in the cyber world. The recent state-sponsored hacks against our national digital infrastructure reveal a genuine vulnerability, one that cannot go ignored. How will budgeting priorities shift to meet this threat? Should there be a re-prioritization of educational and training resources into this area? Should there be a dedicated Corps or Cadré of elite cyber-security operatives as it’s own part of the defensive command structure?

    Also, space is becoming an area of concern with the announcement that China and Russia are in the preliminary planning of a joint permanent outpost on the Moon. Does this development pose a threat to the United States? What is the mission of the newly formed Space Force?

    The response to the traditional areas of vulnerability: land and the seas, and the airways; with the newly emerging threats from space and the cyber world, are primarily concerned with defending against State or State-sponsored aggressors.

    Yet, the United States remains virtually defenseless against terrorist or lone-wolf attacks. How does the Federal government defend against these threats? Does it mean taking away all of our privacy and liberties in the effort to do so? Does it mean the government can put citizens on ”watch lists” and perhaps even ”kill lists” without due process, and with suspicions typically reserved for known enemies?

    And what about the Nation’s diplomatic and humanitarian efforts? Is there any debate that well-funded, highly skilled diplomats and humanitarians actually serve to defend the interests of the United States as they foster understanding and de-escalate tensions abroad? How does the attitude of cooperative, multi-lateral ”friendliness” of the United States translate into tangible defensive efficacy? Might those efforts be particularly worthwhile against non-state, ideologically motivated potential threats?

    While there is no serious debate that the United States should not provide for a common defense at all, there remains room, even for patriots, to debate how much is the right amount, and where the funding and efforts should be directed for the stated purpose.

  • …to insure Domestic Tranquility

    We still have some work to do on this one…

    The third stated purpose of the Constitution as outlined by the Preamble is ”to insure Domestic Tranquility.” On the face of it, this seems to be self-explanatory, but a review of the circumstances and context of the Constitutional Convention gives insights that once again reveal both the immediate practicality and the future prescience of the founders. 

    Domestic Tranquility is not a monolithic goal. It has scope that is both macro and micro, running the gamut from counter-terrorism to police reform to digital privacy. It led to the creation of a cabinet-level position overseeing the Department of Homeland Security. And it has application to the literal domicile of a citizen, in the inclusion of privacy protections of one’s own home as outlined by the provisions of the 4th amendment in the Bill of Rights. It also has application to the perpetrators and victims of domestic abuse and violence. As a whole, there exists an implied right to privacy in the Constitution, insuring that citizens may enjoy domestic peace, free from governmental interference.

    But for Domestic Tranquility to be insured, it had to first be achieved. The typical American would think that domestic America became tranquil, that is to say ”peaceful”, as soon as the British surrendered at Yorktown in 1781. But the post-Revolutionary period of flux, with its absence of federal authority, gave rise to several rebellions. One, the Pennsylvania Mutiny of 1783 actually threatened the Congress authorized under the Articles of Confederation, and drove it out of Philadelphia. This event led directly to the creation by the framers of the District of Columbia; a district that would not need to rely on insufficient State authority to secure the protection of the seat of government.

    Another, Shay’s Rebellion was contemporaneous to the Constitutional Convention itself. It arose in late 1876 and continued into 1877.  It involved the revolt of some 4000 seditionists, mostly from rural, western Massachusetts. Many participants were Revolutionary War veterans who had been poorly paid for their service, and who were now crushed under personal debts and unfair taxation. They succeeded in shutting down several State courts, including the Massachusetts Supreme Court, and almost took over a Federal Armory, before being quelled. 

    Western Pennsylvania farmland site memorializing the last battle of Shay’s Rebellion in 1787

    The proponents of this effort fled to what is now Vermont. Many dissenters from the colonies of New York and Massachusetts joined them to avoid the oppressive taxation in those colonies. From these auspicious beginnings, Vermont became the fourteenth State after ratification of the Constitution.

    The common causes of these rebellions were crushing debt, no stable currency, no Federal courts system, and no Federal system to assist Colonial or municipal authorities with military or financial support. A fifth component common to the two instances named above was the presence of disgruntled military veterans as the core fomenters of sedition against their local authorities.

    The five-year period of the Revolutionary War had a debilitating effect on the economics of the colonies, the basis of which was still agricultural. There was no common currency. Therefore even in the more urbanized northern colonies, barter was widely used as a means of exchange in local markets. The British pound was still regarded as the official currency by most merchants. Many common citizens relied on various paper currencies in circulation. Some of these were honored for debts. Others were not. There existed then, as now, merchants acting as private bankers.  These took advantage of the poor economic conditions brought on by the war to create ”debt instruments” by which a loan was granted at usurious interest rates. There was no regulatory agency, and there were no federal courts to settle interstate civil claims. 

    These conditions led to alliances between merchants and politicians. Both Mayors and Colonial Governors were financially dependent upon the support of the wealthy merchants. And the politicians were free to tax at whatever rates they felt they could collect. Neither debtors, nor unfairly taxed citizens had any means of suitable redress.

    An additional cause of unrest during this post war period is that some states were actually threatening to go to war with others over which would control newly annexed Western territory, won and claimed as terms of the British surrender.

    The framers knew that the newly formed government would have to be sufficiently powerful to create national laws, courts, and financial institutions to regulate and enforce taxation, local commerce, interstate commerce, and interstate extradition laws. It addressed the creation and annexation of new states and lands, and it undertook the creation of a civil authority over the military. The framers also knew that Federal authority would need to be centralized enough, with power vested in a single Executive, to enable rapid response to domestic disturbances and to enforce the laws.

    Here again the framers display their genius for the practical and not merely the poetic. The Constitution is replete with language and law meant to address these needs. They knew that the surest way to national strength was national unity, and the surest way to national unity was Domestic Tranquility. Truths that hold to this day.

    The framers also built in protection for private citizens to enjoy peace and privacy in their own homes and persons. They were so interested in preservation of personal liberties that when Jefferson was informed by the Convention of Shay’s Rebellion, Jefferson, then serving as the first Ambassador to France, dismissed it.  In a January 1787 letter to James Madison, addressing the rebellion, we find Jefferson’s famous quote, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.” He was among those who believed that occasional rebellions should be expected as that which would best preserve freedoms.

    Of note is that the framer’s emphasis on Domestic Tranquility was not to create a Federal Police Force, or National Militia. They focused on the causes that led to domestic disturbances as primary in importance, and the creation of a reactionary authority to put down domestic disturbances as secondary. That emphasis and focus remained central right up to 9/11. 

    It is hopeful that this original focus can be restored. Since the attacks of 9/11, the pendulum has swung towards enforcement. Americans have relinquished more individual liberties since that day than at any time in our previous 200 years as a nation. The focus of so-called Homeland Security has shifted much more onto a surveillance, military, policing, counter-terrorism footing. The founders, especially Jefferson and Franklin would be horrified. 

    Yet, as the summer protests and riots of 2020, and the recent January 6th attack on the US Capital reveal, the Federal government has a responsibility, not just to quell domestic unrest, but to address the root causes.  

    The summer protests raise issues about as yet unresolved institutional systemic racism. This manifests specifically in unjust and unequal law enforcement practices as applied to suspects of color. The oft-heard chant of ”No Justice, No Peace.” quite literally shows the path towards insuring Domestic Tranquility on this front. The path to peace will be via equality of Justice. This includes reformation of a failed drug policy, reformation of police training and accountability, abandonment of for-profit prisons, reformation of sentencing guidelines to focus on rehabilitation and mental health, etc. It is a task so large that only the Federal government can provide guidance and legal authority to institute the necessary changes. 

    Scene from a protest following the death of George Floyd at the hands of Milwaukee police officers

    The rise of politically motivated violence, or even the threat of violence, is a challenge to the very core of our Republic. It is disheartening to hear politicians and media personalities stoke fears, sow divisions, cast aspersions, engage in racist or xenophobic or jingoistic rhetoric. America began as an idea; the idea that a people united would ALL win a better life for themselves and their posterity, or they would remain divided and ALL lose. 

    When politicians play a zero-sum game, pitting Americans against one another, hoping one side wins, while the other loses, we ALL lose. That is the opposite of Domestic Tranquility.

    Perpetrators of this hateful, distrustful, un-American attitude create the soil not of liberty, nor patriotism, but of tyranny. It is this soil that nourishes the seeds of domestic terror, fertilized by racist ideologies, foreign influence, and political lies and disinformation. Every tyrant in human history has grown out of this un-holy soil. This is more dangerous to the existence and longevity of America than any foreign power ever has been or ever will be.

    Scene from the January 6th insurrection at the Capital

    This tendency of an autocratic demagogue to win popular support by a ”divide and conquer” strategy will be hard for government to legislate or enforce out of existence. This problem is one that seizes the heart, it clouds the mind, it darkens the soul. This requires determined self-reflection. It requires each of us as citizens to honestly examine whether we are part of the solution or part of the problem. Are you sowing peace, unity, understanding, harmony, and respect? Or are you treating those with different political views, different ethnic backgrounds, different religions like they are enemies?

    Without a doubt, this purpose of Government is being tested in our day. In my fifty-six years, I cannot recall a season that has been less tranquil, less peaceful, than the one we’re living in. There have been other stresses on Domestic Tranquility. Most notably the Civil War in the mid-1800’s and the Civil Rights movement of the early 1960’s. America has survived those, in large measure due to the efforts undertaken by the founders to provide a framework for dealing with domestic disturbances. 

    We will get through this one as well, if we can agree as Americans that our united goal is Domestic Tranquility. We need politicians on each side of the aisle who display that Tranquility in their public, political discourse and statements. We want them to debate HOW we achieve and reclaim it, not IF we will.

    No wants wants to accept an America that does not feel peaceful and safe at home, in our cities, towns, and neighborhoods. Insuring this Domestic Tranquility is a fundamental purpose of government. As citizens, we should demand that both Federal and State and local governments take steps to deal with root causes, and to put down violence in every form, every time. Most importantly, as citizens, let us commit ourselves to be conduits of Domestic Tranquility in our interactions with fellow citizens, either in real-life or in the virtual, digital world.

  • …to Establish Justice

    The framers, convened to discuss, debate, and draft a Constitution in 1787, were among the most learned men in the colonies, but they were not mythologically infallible. They debated competing ideas of society and governance from some of the best thinkers and philosophers of Classical Antiquity, the Age of Reason, and the Enlightenment. It is believed that many founders were at minimum, professing gnostics (believers in a God), though some were primarily of the Deist ideology, denying the involvement of a creator God with His creation in any personal way. We know that many were slaveholders. We know that none were women.

    They had led the effort to fight and win a difficult, costly war to escape the injustice of British tyranny. The idea of Justice was of paramount importance to them. They were putting away the old, European ideas of justice, to put on the new. And as Americans, we are both humbled and inspired by their efforts. How did they arrive at their concepts and their systems? And what does it mean “to establish Justice”?

    To Plato, Justice meant harmony. From Plato’s Republic, the framers would have been introduced to the idea of an integrated, interdependent and harmonious society and system of government. To be established, each part must fulfill its role in relationship with the others. Thus, the formation of three inter-connected, co-equal branches is consistent to the Platonic ideal. 

    From Plato’s harmonious framework, as modified by Locke, Hume, Adam Smith, Rousseau, and even Hobbes, they sought to craft a government based on the concept that Justice is both an external system of courts, judges, and juries; and an internal quality to be cultivated as the most excellent of human virtues. 

    This concept, embodied most fully by the American experiment, is the most radical, fundamental diversion from all previously codified political doctrine. The framers recognized Justice as basic equality in humanity itself. They codified their belief that all men share equally the endowment of inherent rights bestowed by God, not by governments. In recognition of this, they determined to craft a government of law and not of men. A government that would preserve, protect, and foster these inalienable rights. They wanted men unshackled by governmental oppression from either a tyrant, or from a shifting, unstable majority.

    To do so, the founders adopted a system of public election combining popular vote with appointed electors in an effort to select only the most highly qualified candidates for public office. Yet, unlike Plato, the only guidelines the framers included were minimum age, residency, and citizenship requirements. In this, the founders were perhaps too optimistic in the belief that the population at large would be able to distinguish between qualified and unqualified candidates. Their hope was that the electoral college, serving by appointment, would correct any deficiencies from the voting public at large. Again, it is notable, that from the beginning, the framers rejected the inclusion of women for election on any basis.

    They discarded heredity as a factor in office-holding. From the outset, they flatly rejected the European practice of Monarchy along with its church-supported doctrines of the Divine Rights of Kings. Justice would neither be established, nor dispensed, by either Ecclesiastical or Monarchical decree in the United States.

    The framers, with hands burned on the stove of Monarchy, would have had Jefferson’s list of grievances and injustices from the Declaration of Independence in mind as they fashioned a system that did not oppress the weak at the mere will of a King. Yet, they had almost equal distrust of pure Democracy. They wanted a system that gave weight to the codified rule of law as a bulwark against the whims of an ever-changing popular majority. 

    Plato’s utopian society of The Republic had been written in answer to the question, ”what is Justice?” His work would shock modern readers for its reach into eugenics, childbearing, parentage, state-run-and-state-provided-health-care (beginning with state mandated exercise and fitness regimens), marriage, property rights, the state run educational system, income and wealth caps, taxation, and the lifetime appointment of ”Guardians” to run the government. It is both fantastic, and fantastical as a work of pure theory as applied to the social construct. It has never been practiced, in toto, in the history of mankind.

    But the framers paid homage to this and many ideas of political philosophy as they sought ”to establish Justice”. Like Plato before them, the most well-regarded thinkers of the day would have conceived of Justice as that most difficult to define attribute of human nature and social composition. These philosophers struggled with the institution of slavery. They struggled with ideas of women’s rights. They debated over property rights, and corporations, and voting, and the dangers of mob-rule inherent in Democracy. 

    From a historical perspective, we have the luxury of seeing how the framer’s contemporary social detritus, particularly with regard to slavery and women’s rights, clouded and embarrassed some of their decisions. Yet, we can still be thankful that they were not only concerned with the scaffolding of Justice; the mere establishment of courts and judges. Rather, they championed the concept that Justice is the End of Government itself. 

    Only a carefully crafted, harmonious system could honor the human virtue of Justice (as the principle that all men are created equal and deserve equal treatment under the law); and simultaneously create an integrated system empowering the Judicial branch (as definers and protectors of Justice and law) to insure that the external system would protect this internal truth.

    We marvel at the system of checks and balances created. We admire the elevation of a Judicial Branch as a co-equal with the Legislative and Executive branches. But we recoil at the knowledge we have from the armchair of historical reflection, that these men who espoused Justice as a virtue, nonetheless failed to grant equal protection to either slaves or women in our great founding document. And we are aware that the establishment of Justice, with its great promise of equal treatment under the law is a work still in progress.

    Thankfully, the founder’s wisdom is shown in the creation of a document and system flexible and adaptable enough to be cured of oversights and omissions as it strives even now toward the great end: to establish Justice.

  • To Form A More Perfect Union

    Artist’s rendering of the Constitutional Convention, Philadelphia 1787

    In the mid-1700s, Colonial America consisted of thirteen colonies. Each of these had received a charter. Each was autonomous. Each had a governor. Most had some form of (state) legislative bodies. Facing the occupation of a British army in the northern colonies and the patrol of the ports and shipping lanes up and down the Atlantic seaboard by the world’s greatest naval power, the Colonies faced dire prospects in their struggle for just treatment and representation.

    The British parliament and King had little regard for the political sensibilities of their colonial subjects. The colonies were more like business interests; resources to be mined, profits to be made.

    As conditions worsened, resistance to British rule gained momentum. In 1774, two years before the Declaration of Independence, a special gathering was assembled. Known as the Continental Congress, it was the first group of representatives composed of delegates from each colony joined for the purpose of communicating and coordinating resistance measures among the thirteen autonomous colonies. 

    We must remember that there was no federal government, no seat of power, no Washington, DC. There was no Department of Defense, no Internal Revenue Service, no Treasury, no National Bank. 

    This fledgling idea of American Federal political power was born of the necessity of thirteen colonies with no central direction to unite in coordinated resistance to a common foe. That same need; the ability to coordinate resistance to a common enemy, is still one of the strongest necessities of a Federal government, having the requisite authority to do so. 

    The mandate of the Continental Congress was to coordinate an effort to resist the British. But doing so in the pre-Revolutionary Colonial period was a daunting task. It was a time of disjointed, competitive, non-cooperation between thirteen Colonial governors, desperate to hold power for themselves. It was more like an NCAA athletic conference, composed of individual member universities competing for the best athletes and honors, than anything we know today. 

    The colonies even made trade and treaty agreements with foreign States individually. There was no oversight of inter-colonial commerce, no regulation of weights and measures, no single currency. There was no existing Judicial body to hear disputes between colonies other than the British Parliament and the Crown. There was no national taxation. There was no nation.

    These realities are lost to us who have lived our entire lives as citizens of the United States of America. We have grown up in the shadow of a powerful Federal government operating from Washington, DC. The Revolutionary period is a collection of stories from our early civics classes in school. July 4th is a reason to shoot off fireworks and drink beer in the summer. We know the names of men like Franklin, Washington, and Jefferson. We have vague notions of them doing some heroic things. But we live as if our government and our country just grew this way; as if it has always been here; as if it will always be here.

    But at the time of the framing, there was no Washington, DC. There were no Senators. There was no House of Representatives. There were thirteen autonomous colonies that were forced by history, geography, and circumstance to unite themselves or face annihilation and dissolution at the hands of Great Britain.

    Despite these obstacles, the desire to resist British tyranny was so great, that the Continental Congress adopted the Declaration of Independence in 1776. It somehow succeeded in the effort to field a Revolutionary army, adopt a code of conduct, pay the soldiers, authorize officers, including the appointment of George Washington, and raise funds for the materiel necessary to the war effort. This was a Herculean task.

    At the end of the war, there were large war debts to pay, there was a standing army to disband, and there were new treaties to be established with foreign nations, some of which involved the assimilation of new lands won by virtue of the Revolution’s military victory. 

    Faced with these post-war challenges, the Continental Congress first sought to strengthen the existing Articles of Confederation, largely under the efforts of South Carolinian, Charles Pinckney. But a stubborn resistance to consolidated political power persisted after the Revolution was won on the battlefield. There was not even a way to compel attendance at the meetings of the Continental Congress. 

    In 1787, efforts turned away from the too flimsy Articles of Confederation. A Constitutional Convention was convened in Philadelphia to the create a new, more robust government suited for the temperament of the newly liberated Colonies and able to meet the challenges at hand. A more perfect Union wasn’t just poetic language, it was a very practical necessity.

    The need for a more perfect Union presupposes a distribution of political power between State governments and the newly established Federal government. None of the delegates from the several colonies were going to completely give up Colonial (State) power. The framers also were genius in that they cooked in checks and balances even at the Federal level so distrustful were they of consolidated, concentrated, centralized power. They had just spent fifteen long, hard, perilous years fighting a tyranny. They weren’t about to establish a new one. 

    These historical truths and historical forces have always been in competition, seeking a balance of power and influence. The need for preservation of states rights; the requirement of a limited, yet potent federal authority; the creation of a strong executive, but one with clear boundaries and checks all were on the minds of the framers. 

    Having lived through the Revolutionary War, after cobbling together an army to resist a British invasion, the framers experienced firsthand the inefficiencies and limits posed by unilateral, disjointed actions undertaken by individual states. And they foresaw the possibility of other national, existential difficulties. They envisioned and created a national federal authority with enough clout to coalesce, and coordinate, and legislate resistance to a common foe. 

    Federal power was birthed in resistance to a common enemy. A more perfect Union is still needed in the face of a common enemy. These truth have not faded away with the passage of time. We are living them to this day.

  • The Purpose of Government as Defined by the US Constitution

    The framers of the US Constitution, meeting in Philadelphia in 1787 were tasked with codifying the framework of government that the newly independent, loosely confederated American colonies might adopt as its charter, founding document, it’s raison d’être, to borrow a wonderful French term, its ”reason for being”,… its purpose.

    The framers don’t leave the reader in suspense very long. In the opening words, the famous Preamble, they lay out the ends they seek, the purpose for which their labors to craft a document for consideration has been undertaken. 

    I quote directly, the elegantly stated opening of the wikipedia page on the Preamble:

    ”The Preamble to the United States Constitution, beginning with the words We the People, is a brief introductory statement of the Constitution’s fundamental purposes and guiding principles. Courts have referred to it as reliable evidence of the Founding Fathers’ intentions regarding the Constitution’s meaning and what they hoped the Constitution would achieve.”

    And the Preamble itself:

    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.

    There are six, integrated, delineated co-equal ”reasons” listed in sequence in the Preamble, that the Constitution and the Government it establishes is designed to achieve. Or six problems that the Constitution and resultant Government, taken as a whole, must solve. 

    They are:

    1. to form a more perfect Union
    2. establish Justice
    3. insure domestic Tranquility
    4. provide for the common defence [sic]
    5. promote the general Welfare
    6. secure the Blessings of Liberty to ourselves and our Posterity

    This will be basic for some readers. Others, many of my acquaintance, ascribe to themselves knowledge of the purpose of the Constitution, and yet are ignorant, having never really read and internalized these six, foundational reasons for the existence of the government of the United States of America as framed by the Constitution. 

    This ignorance allows for one to be led astray and taken captive by charisma and falsehood towards a version of America the framers never envisioned.

    Any politician or political party that does not fully embrace and tirelessly commit to ALL six of these reasons as the ends they seek to achieve by their rhetoric and their policies, has abandoned the foundational principles of the American experiment. Likewise, such an entity makes themselves an enemy of the State. These should serve as the guiding beacon to all citizens when considering candidates for political office. These should serve as the standard to which all elected officials are held in their official capacities, statements, and efforts.

    Though, I am the least qualified person to do an exhaustive study of the questions involved, nevertheless, I will make an attempt, in language that is my own, to look at these six stated reasons, believing, as I do, that the only hope of the America we know and love surviving the recent turmoil and attacks against Her, requires that those of us who love Her, do our utmost to guide ourselves and each other back to the founding principles.

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