A simple table for basic conceptual understanding
View attachment 67385207
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The more
detailed and critical thinking minds can and will learn deeper understanding.
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First,
the Preamble specifies that what is being enacted is “this Constitution”—a term that unmistakably refers to the written document itself. This is at once both obvious and hugely important. America has no “unwritten constitution.” Ours is a system of
written constitutionalism—of adherence to a single, binding, authoritative, written legal text as supreme law.
This defines the territory and boundaries of legitimate constitutional argument: the enterprise of constitutional interpretation is to seek to faithfully understand, within the context of the document (including the times and places in which it was written and adopted), the words, phrases, and structural implications of the
written text.
The words of the Constitution are not optional. Nor are they mere springboards or points of departure for individual (or judicial) speculation or one’s subjective preferences: where the provisions of the Constitution set forth a sufficiently clear rule for government, that rule constitutes the supreme law of the land and
must be followed. By the same token, where the provisions of the Constitution do not set forth a rule—where they leave matters open—decision in such matters must remain open to the people, acting through the institutions of representative democracy. And finally, where the Constitution says nothing on a topic, it simply says nothing on the topic and cannot be used to strike down the decisions of representative government. It is not open for courts, legislatures, or any other government officials to “make up” new constitutional meanings that are not supported by the document itself.
Second, the Preamble, by stating the purposes for which the Constitution has been enacted, might well be thought to exert a very gentle interpretive “push” as to the direction in which a specific provision of the Constitution should be interpreted in a close case. The Preamble does not confer powers or rights, but the provisions that follow should be interpreted in a fashion consistent with the purposes for which they were enacted.
Finally, the Preamble has important implications for
who has the ultimate power of constitutional interpretation. In modern times, it has become fashionable to identify the power of constitutional interpretation almost exclusively with the decisions of courts, and particularly the U.S. Supreme Court. And yet, while it is true that the courts legitimately possess the province of constitutional interpretation in cases that come before them, it is equally true that the other branches of the national government—and of state government, too—possess a like responsibility of faithful constitutional interpretation.
None of these institutions of government, created or recognized by the Constitution, is superior to the Constitution itself. None is superior to the ultimate power of
the people to adopt, amend, and interpret what is, after all, the Constitution ordained and established by “We the People of the United States.”
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Those who fight against what Congress has created of Bills and Regulatory Measures... seem not to understand the scope of responsibility it takes to meet the Principles, Values, Objectives and Goals, laid out in The Preamble, and how the Articles of The Constitution and its Amendments are designed to meet The Principles, Values, Objective and Goals of The Preamble.
- The Preamble itself is a justification that there is not, and will not ever be anything such as "Small Government". It cannot ever be a Small Government, not on the Federal, State or Local Levels.
NO State's Preamble can ever supersede or usurp The Preamble to the U.S. Constitution's.
(People need to understand that, when they talk about States Rights)
It is very clear in the Preamble, "to make a more perfect Union".. means and ongoing process of what that takes, has no limits to how it develops regulatory principles and laws that will help us make a more perfect Union.