No, The Government Does Not
Do as Promised
The preamble to the Constitution, in
addition to setting up the basic ideas upon which it was written, makes a set
of promises to be fulfilled by the government that it set up. Among these are to form a more perfect
union, establish justice, insure domestic tranquillity, provide for the common
defense, promote the general welfare, and secure the blessings of Liberty. However, we see many places in the
Constitution where the government simply cannot fulfill these promises, in addition
to those times, both historical and contemporary, where the government
otherwise fails to do as promised.
We find our first contradiction
within the words “We the people.” Given
that the Constitution was written and ratified primarily by convention, to say
“we the people” is purely invalid. One
also finds that through such a complex system of legislative bodies and
representatives, the people have only a minor, indirect influence on how the
country will run, as they are nearly cut-off.
To further this basic point, we see in Article II, Section 1, Clause 2
of the Constitution that the people do not even directly elect their own
president, but rather he is chosen through the casting of votes by electors. We know that this is not a trivial issue,
because of multiple historical occurrences in which some electors from a state
have not voted in accordance with the popular vote of that said state.
We also notice problems with the
very concept of forming a union.
Complying with the [then popular] policy of appeasing those who defended
states’ rights, the 10th Amendment was passed. In addition to placing a stringent limit on
the powers of the union, namely by reserving all non-explicit powers to the
states or the people, there is left some degree of ambiguity as to where the
excess powers should be placed.
In addition to the appeasement of
states’ rights, the writers of the Constitution felt they also had to appease
sectional interests. The most clear
example of this surrounds the issue of slavery, classically supported by the
south and looked down upon by the north.
For example, we see this in the three-fifths compromise, found in
Article I, Section 2, Clause 3 of the Constitution. This, possibly coupled with a few other ideas, first opened up
the rift between the north and south which eventually led to the Civil
War. So, in all, this demonstrates the
failure of the government in at least three of the preamble promises, namely
insuring domestic tranquillity, providing for the common defense, and promoting
the general welfare.
And speaking of the three-fifths
compromise, we find it somewhat unfair that while each slave is counted as
three-fifths of a person toward the population count for calculating
representation, they do not get so much as three-fifths of a vote for deciding
who will represent them. The same
problem applied with women, and still does apply with those who are under the
age of 18. To call such an obstruction
of what is fair and proper the establishment of justice would be necessarily
illegitimate.
With many recent events, there have
been many infractions on the Constitutional promise to secure the blessings of
Liberty. In 1986, the Supreme Court
found that it was not unconstitutional to make homosexual acts (and also a few
heterosexual acts) a criminal offense. Yet most people would agree with the belief that individuals may
do with their bodies as they wilt hen in privacy, and thus this violates the
pact set forth by the preamble.
If we also look at our prison
system, one may question whether or not it truly is establishing justice. On average, a criminal spends less than 10%
of the time they are sentenced in prison.
Instead, they receive parole and are back on the streets to commit
further crimes, not having learned their lesson in any way. Being soft on criminals in such a manner
cannot possibly help to put an end to crime.
Thus, for the general case, we see that the government, in fact, does not really live up to the preamble promise.