THE BLOG
04/21/2016 04:05 pm ET Updated Apr 22, 2017

A Revision on the Bill of Rights, part I

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

A preamble is not an aesthetic piece of a legal document to enhance its appeal to the read nor is it just a random set of words. The function of a preamble is to set the tone of a legal document. This fact is underrepresented in the interpretations of the Constitution of the United States of America (USA). The preamble provides insightful material to interpret the later pieces in the legal document.

The preamble starts with "We the People of the United States..." There is no description or characteristics to the identity of people that has claim to the USA. The only given information is that it is those who believe in the principles of the USA, for the world "We" implies an exclusive set of people. Then the following idea is "the people," which in conjunction with "We" is stating that people of the USA are people, and not alienated people. But, people with individuality separate from any domination. The people are what make the USA, and not the monarchy or totalitarian regimes. Thus, "We the People" are people who uphold the principles of the USA because the people grant the rights to each other.

This notion is further elaborated by the principles a person of the USA follow, "In order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity..." Thus, once government is producing a bill or taking a certain action, there are requirements before their inception. In addition, this sets the formula of interpretation for all legal documents in the USA. These five principles will be titled the five aims of the USA, which are can be written in question form:

Does is promote Justice?
Does it ensure domestic Tranquility?
Does it ensure the common defence?
Does it promote the general Welfare?
Does it secure the Blessings of our Liberty and Posterity?

These five questions create a check and balance system for the Constitution of the USA. If a potential bill or issue arise that needs to be addressed, it will need to go through these questions. Then it will have to be reviewed through the Bill of Rights.

Furthermore, one must understand the Bill of Rights to complete the check and balance system in the Constitution of the USA. These rights give certain powers to an individual and withhold certain powers from the person.