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Thread: Con Law - Lesson 1 "The Preamble"

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    Default Con Law - Lesson 1 "The Preamble"

    "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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."


    These 52 words were presented to the Constitutional Convention by the "Committee on Style" and adopted to be what we call the Preamble to the Constitution. It is as good of a place to start our study of the United States Constitution as any. While there is debate as to the use of the Preamble to establish law and or structure of American government, it is clearly an attempt to set the tone and explain what the document is, how it is to be viewed and the what the document is intended to be and do.

    1) "We the People of the United States..." The first seven words show us the class of people who this document applies to... There were several drafts of this portion of the Constitution including "We the people of the various states" as is used in the Articles of Confederation and there was" or "We the People of the various states" and "The People of the united States... (listing them)" as was used in the Treaty of France. It is commonly noted that the drafters did not know how many States would sign on so listing them was a bad idea. The choice of the novel previously unused phrase "We the People of the United States" creates the existence of an actual Nation of people called the United States... Note that they capitalized the phrase "United States" making it an entity on its own. The States are not even mentioned in the preamble.

    2) "In Order to form a more perfect Union" - The reason the Constitution was written, and to establish its supremacy over the previous Government created by the Articles of Confederation.

    3) "This Constitution..." is also another important phrase, establishing that this is it, the entirety of what is to be considered The Constitution, establishing that it was to be this single document as distinguished from what English Government calls its Document which is a series of Writings and Documents cobbled together to establish the form and structure of their government. The single document Constitution was a novel idea for these former English Subjects.

    4) Particularly interesting is the actual power the "Preamble" has had when interpreting the Constitution of the United States, the Supreme Court has used it to illustrate the intent of the framers as to what powers they actually intended to give with the subsequent Articles. In, Berman v. Parker, 348 US 26 (1954) the Court held that the term "promote the general welfare.." illustrates that the writers intended to give the Federal Government powers that enabled them to promote the general welfare, in that case use the right of eminent domain.
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    Nobody wants to discuss the constitution?

    Many of you need some lessons.
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    Quote Originally Posted by Jarod View Post
    Nobody wants to discuss the constitution?

    Many of you need some lessons.
    Trump told them what is in the Constitution. No reason to read it.

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    Quote Originally Posted by BidenPresident View Post
    Trump told them what is in the Constitution. No reason to read it.
    That’s what I was afraid of
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    Nobody had a different perspective?
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    In b4 OP veers away from The Constitution.

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    Quote Originally Posted by Jarod View Post
    Nobody had a different perspective?
    We're on the same page so far...I don't expect that to last very long.

    Oh, you need a link for all that stuff you copied.

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    Okay, so? The preamble is just a general statement about what the constitution is for. It isn't law, it isn't legal standing to use to create law. That comes in what follows, not the preamble. It's like a forward or introduction to a book, not the contents of the book itself.

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    Quote Originally Posted by T. A. Gardner View Post
    Okay, so? The preamble is just a general statement about what the constitution is for. It isn't law, it isn't legal standing to use to create law. That comes in what follows, not the preamble. It's like a forward or introduction to a book, not the contents of the book itself.
    this is just the start. If and when I have time I will continue with other parts of the constitution. Parts are important, including the preamble. Very significant part of the preamble is the promotion of the common good. The writers were very specific about the words they chose the capitalizations and the sentence structure.

    Itís more than just a forward, itís an intention statement, that can be used when discussing the framers intent in later portions.
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    Quote Originally Posted by Matt Dillon View Post
    In b4 OP veers away from The Constitution.
    How so?
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    Quote Originally Posted by Jarod View Post
    Nobody wants to discuss the constitution?

    Many of you need some lessons.
    What's to discuss? Trumpers want to shred the Constitution, all other Americans want to support and defend it.

    I'm in the "support and defend against all enemies, foreign and domestic" category.
    "know the truth, and the truth will set you free"

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    Quote Originally Posted by T. A. Gardner View Post
    Okay, so? The preamble is just a general statement about what the constitution is for. It isn't law, it isn't legal standing to use to create law. That comes in what follows, not the preamble. It's like a forward or introduction to a book, not the contents of the book itself.
    Translation: Fuck the Preamble. Trump can shit all over it because "It isn't law".

    Agreed it's not law, but disagreed that you and your fellow traitors can shit all over it.


    BTW, more and more Republicans are supporting the Republican party over the Party of Trump. How long before houses that sport Trump stickers and flags are treated like those with Nazi flags?

    Eggs? TP? A gallon of gasoline? Some people are truly fucking stupid....but sometimes are useful idiots.

    "know the truth, and the truth will set you free"

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    Quote Originally Posted by Dutch Uncle View Post
    What's to discuss? Trumpers want to shred the Constitution, all other Americans want to support and defend it.

    I'm in the "support and defend against all enemies, foreign and domestic" category.
    I just wondered if with a little education some might see the errors of their ways.
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    Quote Originally Posted by Dutch Uncle View Post
    Translation: Fuck the Preamble. Trump can shit all over it because "It isn't law".

    Agreed it's not law, but disagreed that you and your fellow traitors can shit all over it.


    BTW, more and more Republicans are supporting the Republican party over the Party of Trump. How long before houses that sport Trump stickers and flags are treated like those with Nazi flags?

    Eggs? TP? A gallon of gasoline? Some people are truly fucking stupid....but sometimes are useful idiots.

    Its becoming more and more clear to me the Defeated President is done. These people still exist, waiting for another justification to come back from their hiding places.
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    Quote Originally Posted by Jarod View Post
    I just wondered if with a little education some might see the errors of their ways.
    In young, sane people, yes. On JPP the demographic is primarily Euro-American males over 65. Most of them have problems changing their Depends much less their minds.

    Jus' sayin'.
    "know the truth, and the truth will set you free"

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