logo
Login Subscribe
Google Play App Store
  • News
    • Obituaries
    • Lifestyle
    • Opinions
  • Sports
  • E-edition
  • Calendar
  • Archives
  • Contact
    • Contact Us
    • Advertisers
    • Form Submission
    • About Us
    • News
      • Obituaries
      • Lifestyle
      • Opinions
    • Sports
    • E-edition
    • Calendar
    • Archives
    • Contact
      • Contact Us
      • Advertisers
      • Form Submission
      • About Us
American Civics 101: The Preamble to the Constitution
commentary
July 24, 2024
American Civics 101: The Preamble to the Constitution
By ? r. James Finck, USAG History Professor,

Although the Preamble is the most memorized part of the Constitution, it has no legal standing in government, however it does state the government’s authority and outline the government’s duties. “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.” The Preamble seems to be an afterthought, as it was written towards the end of the Constitutional Convention. There were several drafts with the final being written by Gouverneur Morris. However, the Preamble’s words were perfectly developed as each clause completely explains the founders’ beliefs. Take just the first three words, they completely challenge centuries of political thought. From the development of the nation-state in Europe, kings had ruled by Divine Right. In other words, God chose who should be king, so to go against the king was not just treason but heresy. With such authority the king was not subject to the will of the people – only God. Yet by starting out this document with “We the People,” suddenly the founders are claiming that the government governs by the consent of the people and hence are accountable by and to the people. This was a massive revolutionary change. The next four words, “of the United States,” established the name of the country as the United States. The Founding Fathers could have gone with a different name here, but they were not quite ready to let state sovereignty go, not completely. We were not America, but a collection of states. We would not see ourselves as Americans until after the Civil War. Before that, we were identified by the states in which we lived (E.g. Virginians or New Yorkers.) When describing the nation, contemporaries would use the plural form, like the United States are, as opposed to us today who use the singular, the United States is. That little difference is huge. The next clause is just as telling, “to form a more perfect Union.” The Constitution did not create the union; it only made it better. This idea was used later by President Abraham Lincoln to justify the Civil War. The South’s argument for secession was basically that they signed up for the U.S. when they ratified the Constitution. If they opted in, they could opt out. Lincoln, however, disagreed and argued that they were a union before the Constitution and the South did not have the right to destroy it. The rest of the document describes the five roles of this new government as the founders saw it. First, “establish justice.” In Federalists No. 51 the author wrote, “Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign.” America emerged from a kingdom in which the colonies were forced to follow laws not applied to those in England. The Preamble states that laws must apply equally to all. I think most of us would agree this is something we are still working on. Secondly, “insure domestic Tranquility.” Americans were hesitant of creating this new Constitution. One of the events that pushed the states to send delegates to the Constitutional Convention was Shays’ Rebellion. Between the Annapolis Convention and the Constitutional Convention there was a hubbub in western Massachusetts when ex-Continental Army officer Daniel Shays led a group of protesters against the Massachusetts government. As veterans, they were upset at their treatment, including lack of pay for their services leading to loss of their farms when they returned from the Revolutionary War. When they marched on Boston, the governor had no recourse. Normally, he would call out the militia, but they were the militia. With no federal authority to call for help, he was forced to pay private militias to put down the rebellion, the job of this new government was to put down such insurrections, as President George Washington would do with the Whiskey Rebellion in Pennsylvania. Third, “provide for the common defense.” This one is easy: maintain an army. However, in the 19th century this was much different than today. Americans were weary of a standing army in a democracy. Standing armies led to tyranny. America’s army was bare bones for the first century. Militias were meant as the first line of defense, hence the Second Amendment. When wars were fought, volunteers and drafts were required to fill the army’s ranks. America would not maintain a standing army until after WWII. Fourth, “promote the general Welfare.” While today we see our active government try to control every aspect of our lives, in the 19th century the most the government did was protective tariffs to help new industry and sell cheap land in the West for settlement. Other than that, citizens were really on their own. Fifth, “Secure the Blessings of Liberty to ourselves and our Posterity” This one was – and is – a work in progress. While the Constitution was designed to secure freedom for all people forever, in reality, those freedoms are coming in stages. “Blessings of Liberty to ourselves and our Posterity” is a concept. It is a goal for freedoms that have come as Americans fought over slavery and to ensure equal rights for women and minorities, so those sacred liberties can be a reality for all. The Preamble, while not legally binding, serves as an interpretative guide to the Constitution. Its aspirational language has been referenced in numerous Supreme Court decisions to understand the broader context and purpose of the Constitution’s provisions. James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at HistoricallySpeakingl776@gmail.com.

Reed launches ‘Season of the Warrior’ Tour to honor Native American vets
A: Main, news
Reed launches ‘Season of the Warrior’ Tour to honor Native American vets
By Shauna Belyeu General Manager 
October 15, 2025
Former Oklahoma Department of Veterans Affairs Director Pete Reed made a stop in Eufaula Oct. 2 on behalf of the Season of the Warrior campaign tour. The goal of the campaign is to reach 100 cities in...
School Board sees drawings of new building project
A: Main, news
School Board sees drawings of new building project
By JERRY FINK MANAGING EDITOR 
October 15, 2025
Architectural renderings of the upcoming projects at Eufaula Public Schools were showed to the School Board Monday night. Everyone was impressed. A centerpiece of the project will be an event center, ...
Stitt defies Trump
A: Main, news
Stitt defies Trump
October 15, 2025
AMELIA BENAVIDES-COLÓN NOTUS Gov. Kevin Stitt condemned President Donald Trump’s deployment of National Guard troops across state lines, the first Republican governor to speak out against the practice...
A: Main, news
Honey Springs Reenactment Nov. 8-9
October 15, 2025
In three weeks Honey Springs Battlefield will come alive with its biennial multiday event, which begins with an Education Day for school groups on Friday, November 7. Activities continue on Saturday, ...
A: Main, news
Harvest Gathering
October 15, 2025
The Calvary Baptist Church will hold a Harvest Gathering from 1 p.m. to 3 p.m., on Sunday, Oct. 26 on SH 150, ¾ mile west of U.S. 69. Everyone is invited. There will be food, outdoor games, pie auctio...
A: Main, news
Operators of daycare center accused of abuse
October 15, 2025
Jacob and Stephanie Smith, operators of a daycare center in Checotah, have been formally charged with multiple counts of child abuse. They were arrested on Oct. 1 and at their arraignment on Oct. 7 Ja...
ePaper
google_play
app_store
Editor Picks
Cemetery tour Oct. 17
A: Main, news
Cemetery tour Oct. 17
October 15, 2025
A tour of Greenwood Cemetery in Eufaula will start at Asbury Memorial at 1 p.m. Friday, October 17. The public is invited to join the Friends of the Eufaula Memorial Library to see graves of important...
BARKtoberfest, a howling-ghoul time for pups and people
news
BARKtoberfest, a howling-ghoul time for pups and people
By LaDonna Rhodes Staff Writer 
October 15, 2025
Porches & Pastures hosted their 7th Annual BARKtoberfest on Saturday, Oct. 11and lots of locals and visitors had a howling-ghoul time as they listened to live music from Last Call Band and browsed thr...
news
Porter woman dies in accident
October 15, 2025
A 48-year-old Porter woman was killed when she lost control of her vehicle on SH 266 and SH 72 in McIntosh County Wednesday, Oct. 8, according to the Oklahoma Highway Patrol. The OHP report stated tha...
news
County GOP News
By LYNELLE MEDLEY CHAIRMAN 
October 15, 2025
We had a great turnout at our picnic a couple of weeks ago, thank you to all who attended! There were several door prize winners and a pretty nice handful of new visitors, so it was a great time of ju...
news
Driver injured after falling asleep
October 15, 2025
William Escamilla, 25, of Chickasha fell asleep while driving on I-40 at mile marker 272 in McIntosh County and crashed and rolled one time, according to the Oklahoma Highway Patrol. Three passengers ...
Facebook

THE EUFAULA INDIAN JOURNAL
100 N. 2nd Street
Eufaula, OK 74432

(918) 689-2191

This site complies with ADA requirements

© 2023 THE EUFAULA INDIAN JOURNAL

  • Contact
  • Privacy
  • Accessibility Policy