logo
Login Subscribe
Google Play App Store
  • News
    • Obituaries
    • Lifestyle
    • Opinions
  • Sports
  • E-edition
  • Public Notices
  • Calendar
  • Archives
  • Contact
    • Contact Us
    • Advertisers
    • Form Submission
    • About Us
    • News
      • Obituaries
      • Lifestyle
      • Opinions
    • Sports
    • E-edition
    • Public Notices
    • 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.

Highway 150 memorial sign unveiled for fallen heroes
A: Main, news
Highway 150 memorial sign unveiled for fallen heroes
By LaDonna Rhodes Staff Writer 
April 1, 2026
On Friday, March 27, friends and family of the late William “Bill” Walker, an OHP State Trooper, and the late T. Leo Newton, Fountainhead Park Superintendent, gathered together to participate in the u...
Chili supper brings community together for EFUMC building fund
A: Main, news
Chili supper brings community together for EFUMC building fund
April 1, 2026
Eufaula residents turned out Friday evening for a night of food, fellowship and giving as the EFUMC United Methodist Men hosted their “Chili for the 180” Building Fund Dinner at the church. Held March...
A: Main, news
Teen drowns on Lake Eufaula
April 1, 2026
A 17-year-old drowned on March 20, on Lake Eufaula approximately two miles north east of Canadian in Pittsburg County. According to reports, the Oklahoma Highway Patrol (OHP) and several other local a...
A: Main, news
Easter fun set to hop across McIntosh County
April 1, 2026
McIntosh County is gearing up for an egg-citing Easter weekend, with events planned that promise everything from traditional hunts to eggs falling straight from the sky. Kicking things off, Lake Eufau...
Setting their sights to the future
A: Main, news
Setting their sights to the future
By Brian Hummingbird 
April 1, 2026
The Eufaula Board of Education voted in a special meeting Thursday morning, March 26, to hire Brian Hummingbird to succeed current superintendent Monty Guthrie, who is retiring this summer. Currently ...
A: Main, news
City of Eufaula partners with chamber to support community events in 2026
April 1, 2026
The City of Eufaula is partnering with the Eufaula Chamber of Commerce as a sponsor of community events in 2026, supporting efforts to bring more activity and energy to the community. The partnership ...
ePaper
google_play
app_store
Editor Picks
Reminder: Election Day is Tuesday, April 7
A: Main, news
Reminder: Election Day is Tuesday, April 7
April 1, 2026
Eufaula voters will head to the polls to decide the school board race for District 1 between Martha Asher (incumbent) and Amber Baughman. Polls are open from 7 a.m. to 7 p.m. on Tuesday, April 7. Curr...
news
Eufaula Indian Community Center to host Indian Arts & Crafts Gathering – April 4
April 1, 2026
The Eufaula Indian Community Center invites you to an Indian Arts & Crafts Gathering on Saturday, April 4, from 10 a.m. to 3 p.m. at 800 Birkes Road in Eufaula. This gathering will feature handmade wo...
Eufaula leaders attend conferences on tribal justice and collaboration
news
Eufaula leaders attend conferences on tribal justice and collaboration
April 1, 2026
City of Eufaula leadership recently participated in a series of conferences focused on tribal jurisdiction, law enforcement coordination, and strengthening partnerships between municipalities and Trib...
Kirstin Clark Pages at Capitol
news
Kirstin Clark Pages at Capitol
By REP. TIM TURNER 
April 1, 2026
Kirstin Clark, a junior at Canadian High School, paged in my Capitol office this past week. Kirstin is the daughter of Amber Clark. She’s vice president of Student Council, a reporter for FFA, and she...
Behold the Lamb
commentary
Behold the Lamb
April 1, 2026
In a world full of wolves in sheep’s clothing can you still recognize the Lamb? “Behold, the Lamb of God, who takes away the sin of the world!” (John 1:29) John the Baptist spoke these words to identi...
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