Welcome to episode three of We Don’t Talk About P-word. Last time, we discussed the Declaration of Independence and the Articles of Confederation. We examined what they mean to us today, and why our first experiment in democracy failed. 

Today, I want to continue the conversation about American Values. To do this, we will highlight our paramount founding document: our Constitution. We will explore what it stood for then, and what it means to Americans today. We will continue to unravel the centuries-long propaganda war. It’s a war designed to make Americans believe we have fewer rights than we do.  

As already discussed, the Articles of Confederation were a failure. The American experiment was teetering on the edge of a knife. Our Founders grasped for an answer to prevent the inevitable fall of our infant nation. So, on a rainy spring day in 1787, our Founding Fathers met to find a solution for the failings of the Articles. With no obvious way to fix the Articles themselves, they decided to start from scratch. 

For eight years, our national government had limped along as a paper tiger, one might say. The Founders knew we needed a document that solidified the rights of Americans. Thus, our Constitution was born. It proclaimed Americans were the stewards, not subjects of this new nation. They built a new government that transferred the power from the States to the People. 

The Constitution begins with the People creating a "more perfect Union." It was a nation unlike any imagined at that time. This was a union of states where the People were the arbiter of the rules and not an aristocracy. 

Even though the preamble is short, it packs quite a punch. It reiterates, codifies, and strengthens the values outlined in the Declaration. The Constitution represents the best of our nation. The question is whether we have lived up to the lofty goals of this document. 

For many Americans, the answer is dependent on our personal point of view. As a white male, I could make the argument that we have. A woman of color may disagree. The remedy is to reconcile those two views by walking a mile in someone else's shoes, cliched though it may be. We must realize that the freedoms many enjoy are not as easily attainable for all. 

The Constitution is supposed to bridge that gap. Unfortunately, this is impossible without our leaders adhering to the values of America. The Founders outlined our values in these documents centuries ago. Yet to this day, the Constitution is still somewhat aspirational. It is not an accurate snapshot of American life.

Our political elites claim the preamble of the Constitution conveys no specific rights. Many believe the preamble is no more than an introduction to the body of the document. This could not be further from the truth. 

In fact, the preamble is the only place where personal rights (other than the right to vote) are enumerated. Remember, if you will, your history lessons from childhood. The Constitution was ratified without any amendments. Two years passed before the Bill of Rights was ratified. 

If you look even closer there are no personal rights listed in the body of the Constitution. As a quick Government 101 refresher: 

	Article 1 is instructions on how the Legislative branch is to function. 
	Article 2 is instructions for the Executive branch. 
	Article 3 is instructions for the Judicial branch.
	Article 4 defines how individual States will interact. It also defines how they will function as government bodies within the Union. 
	Article 5 is how the amendment process will work.
	Article 6 is the federal government’s assumption of all State debts. (These were debts accrued before the Constitution went into effect.)
	Article 7 expresses the number of States required to ratify the Constitution. 

Suppose the sentiment of our political elites and their appointed judges is true. The preamble conveys no individual rights. IF that is true, I have only one question for them.
How could this possibly be a document establishing a government of the People and for the People? 

The fact is they are wrong. The rights enumerated in the preamble are as important as those in the Bill of Rights. I would argue more so. The preamble doesn’t preview the body of the document. It defines American values. It then describes the government that will enact, maintain, and defend them. It shows that this is, indeed, a government Of the People and For the People. 

So, what are those values? What exactly did the Founders see as the goal of this fledgling nation? How would they form a “more perfect Union?”

As with the Declaration last time, I’m sure a few of us could use a reminder.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure [sic] domestic Tranquility, provide for the common defence, [sic] promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the Unites States of America.”

The Founders began with the first thing that must be present before democracy can exist.

“establish Justice…”

What exactly does establishing justice mean? It means that this new American nation would form a society based on justice, and not the whims of a ruling class. This declares all Americans are innocent until proven guilty. (The fifth amendment was added to define this even further.) The fact that it is listed first tells us how important a nation based on justice was to the Founding Fathers. 

Lady Justice is often depicted blindfolded, holding a balanced scale in one hand and a sword in the other. The blindfold signifies that justice should be blind to wealth, gender, or position. The balanced scale means the scales of justice won’t be weighed against you. It is the evidence that will convict you not the words of the aggrieved. The sword symbolizes that justice can be swift and final.

The United States has never lived up to the embodiment of Justice. We have proven that justice, in the hands of imperfect humans, can be fallible. That is why the sword should have a second meaning. It should be a reminder to the People that sometimes we must fight for our rights to ensure justice reigns. 

“insure domestic Tranquility...”

Domestic tranquility is a commitment to calm in the homeland. It is a pledge from our government to protect the lives and livelihoods of all Americans. The government promises to keep and maintain peace in all American lives. Whether from invasion, domestic threats, or acts of nature; the government exists to protect the People. This is the purpose of our military, laws, regulations, and police.

To ensure tranquility, all Americans must have access to basic needs. When needs are not met, crime increases. An increase in crime disrupts domestic tranquility. This echoes the “pursuit of Happiness” promised in the Declaration. It is not the job of the government to make us happy. There are too many of us for that. It is the duty of our government to ensure the basic needs of all Americans.

“provide for the common defense…”

This declaration strengthens domestic Tranquility. It is an assurance that the means to defend the homeland will always be available. Under the Articles, the founders realized how weak they were against armed uprisings.  

In 1786, Shay’s Rebellion in Massachusetts taught us this lesson. The Articles of Confederation provided no means to secure funds to raise an army. The government was unable to defend the federal armory in Springfield from insurgents. Because of this, they had to rely on the state and a private militia. 

You can consider this the virus or just another symptom. Either way, it was emblematic of one of the major issues that hindered the future of the United States. With no way to fund the government, there is no way to ensure a strong nation. If we couldn't quell domestic incidents, how would we defend against foreign invasion?  Over our collective history, this is the one value that we have mostly achieved. We are very well equipped by the military-industrial complex. I did say mostly, as we still do not provide enough support to the People who volunteer to provide that defense. Our low enlistment and retention numbers (and high veteran suicide) prove that.

“promote the general Welfare…”

This is where we get into the forgotten values the Founders instilled in the formation of our nation. Unfortunately, our political elites have perverted the meaning of the word “welfare.” For their own machinations, they have made welfare a four-letter word in our society. The Samuel Johnson’s dictionary defines these terms as follows:

	Promote: “To forward; to advance.”
	Welfare: “Happiness; success; prosperity.” 

By looking at the definitions, the meaning of this line becomes obvious. The role of the government is to advance the happiness, success, and prosperity of all Americans.
 
Our political elites and their appointed judges claim the preamble conveys no rights. Again, I must ask: 

How can a document creating a government by the People and for the People contain no rights for those People?

These are more than rights. These are the cornerstones upon which the United States was built. They are an agreement between us as citizens and our government. They assure that our government will protect and support all Americans' welfare. They guarantee that laws and governmental actions will be to the benefit of the People. These cornerstones should provide all Americans the ability to pursue their personal happiness. When our political elites deny these values, they disrespect the Constitution. When our political elites deny the values in the preamble, they disrespect the People.  

“secure the Blessings of Liberty…”

On the surface, this phrase seems straightforward. The role of the federal government is to protect the blessings of liberty for the People. They have a duty to ensure that all Americans' access to them is unwavering. The bigger question is: What are the blessings of liberty? 

The Johnson Dictionary defines liberty as follows: 

	Freedom from slavery.
	Freedom to believe as one chooses.
	Privilege, exemption, or immunity to act as one chooses.
	Freedom from harsh restraint on one’s behavior. 

Liberty is the right of all Americans to live their life as they choose, free from servitude. That is, up until the point of infringing on the rights of other Americans to do the same. Here, it is important to point this out again. When the Constitution was ratified, there were no amendments. However… If we look at the amendments, we can understand the sentiment this statement conveys. 

James Madison felt a Bill of Rights was unnecessary. Many other Founders believed the same. In fact, many members of the first Congress didn’t even want to waste time on it. So, what exactly did the Founders believe were the “Blessings of Liberty?”

We don’t have to look any further than the Declaration of Independence:

As we saw last time, it assures Americans that they will be free from the discrimination of the past. We the People are all created equal. In this nation, there is no monarch set above subjects. In this nation, there is no aristocracy to lord over its citizens. In this nation, there is no feudal system to lessen the contributions of the poor and middle class.

Sure, you can make the argument this only meant white men who owned land at the time. The 13th, 15th, and 19th amendments now ensure that means everyone. There can be no liberties unless equality exists. Without equality, there can be no justice. Equality is the basis for any true democratic form of government. This makes the first and most important blessing of liberty equality.

The word 'blessings' is plural though. That means there must be more to understanding the ‘blessings of liberty.’ 

Liberty is impossible without a sense of safety. Do you feel safe acting as you choose? Do you feel safe believing what you choose? Do you feel safe walking down the street? If you don't feel safe living how you choose, are you free? 

If a nation is incapable of defending against invasion what is the point of government? If a nation can't protect its people from domestic terrorism, what is the point of government? If a nation can't help its people recover from natural disasters, what is the point of government? 

If Americans do not feel safe, what is the point of our government? 

“Ensuring domestic tranquility... Providing for the common defense...” These are pledges by our government to protect us. It is the role of our government to pass laws and enact regulations to protect American lives. It is their duty to ensure our access to the blessings of liberty. Protection against threats from within is as important as against threats from without.  We cannot be free if we do not feel safe. This is the next blessing of liberty: security.

Without aspirations, without accomplishments, what is life? Our government, at its start, promised us both. They agreed to promote the general Welfare. They guaranteed our right to the pursuit of Happiness. Have they lived up to it? Like most things political, that is a complicated question. It depends on our individual points of view. 

The point isn’t to provide Welfare and Happiness for Americans. The goal is to ensure we all start off with the basic needs to achieve them through our own hard work. Whether we squander the opportunity or achieve greatness should be up to us. It should not be because of the family or wealth we were born into. 

It is the role of the government to ensure we all get the opportunity to make our own happiness. Whether that happiness is to be rich and famous or just to live better than the last generation is trivial. All Americans should begin with basic access to the necessities for Life. This is the reason people from other countries dream of becoming Americans. They want the next blessing of liberty: The American Dream.

The last blessing I would like to discuss is one that is full of controversy but also undeniable. It’s controversial because our political elites and their appointed judges say so. It’s undeniable because we live in a free and equal society. To understand this blessing, we need to understand Madison's intentions. We can do that by looking at the Bill of Rights and the amendments he proposed. 

I know I keep coming back to this, but I can’t stress enough how important it is. 

There were no amendments when the Constitution was ratified. 

If you read history even Madison felt they were unnecessary. Why is this important? Madison believed that the Constitution already provided these rights. He believed they did not need to be enumerated. In fact, he worried that including a bill of rights would put any not specifically listed in danger. Sadly, we have proven him right as time has gone on. We must not only look at the amendments but also at his proposals to understand his intent. 

For those who may not know, the Bill of Rights did not start as amendments added at the end of the document. Madison originally proposed them as insertions into the body of the Constitution. The one that would eventually become the first Amendment read as follows:

“The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.” – James Madison House debates June 8, 1789, pg. 451 

You can see how the first amendment evolved from that. I want to point out a specific phrase from this original proposal: 

“nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed.” 

Why this was removed by the Senate is a mystery. (The Senate conducted business under strict secrecy for our Republic's first five years.) 

Maybe they didn’t think it was necessary, as it was a certainty in a free society deriving its power from the People. Maybe they saw the freedom of conscience as an undisputed aspect of the freedom of religion. Either way, we know that Madison did not see its exclusion as consequential. Neither did any other Congressman. The Senate's proposal was agreed to without debate once reintroduced in the House. 

This may not seem remarkable on the surface. Keep in mind the congressmen of the early republic were much better orators than those of today. They also loved the sound of their own voices even more. The debate over what would become the first amendment was long. They spent nearly an entire session and devoted over 10,000 words debating only one part of it. 

What were they debating? Was it freedom of speech? Was it the extent of the freedom of the press? No. It was the precise meaning of “peaceably assemble” and “redress of grievances.” 

If they felt the freedom of conscience was at risk, you can know for certain they would have had more to say. The freedom of conscience was important to Madison. So important he included it more than once in his initial amendment proposal.

Why am I taking so much time to discuss the freedom of conscience? Today, it’s more common to see it stated as freedom of thought. At the time, it referred to the freedom to believe in a higher power or not, to subscribe to a religion or not. No matter if you view it in the colonial or modern context, it means the same. This is your right to believe in what you choose to believe in. This is our right to practice religion or reject it. Religious beliefs (or lack thereof) are profoundly personal and no one else’s business. It is your right to keep your religious beliefs to yourself or announce them to the world.
 
This was a young nation that viewed the Church of England as an affront to a free society. In this nation, your religious beliefs would be your business and yours alone.

It was a time when sympathizing with Catholics could birth a traitor. Jews were denied civil rights in Maryland. Being Quaker could get you hung in Boston. The importance our Founders placed on the privacy of conscience cannot be understated. 

The interesting thing about privacy is that it can’t be limited. You either have privacy or you do not. You cannot say your religious beliefs are private, but nothing else is. We have even enacted a law (HIPAA) so that others can’t share your private medical information. Why? Denying insurance, a job, or anything to less healthy people is antithetical to a free society. 

The number of religions is vast, and they are vastly different, but all are based on faith. Faith is based on beliefs that cannot be proven. Otherwise, there would be no need for faith. Laws may only be based on facts. When we begin to make laws based on beliefs and not facts, we are no longer living in a free society. This makes the second most important blessing of liberty privacy.

The preamble to the Constitution provides the cornerstones for the nation that follows. These are the values that founded America. These are the promises made to the People. They were designed to reduce the fears of a tyrannical government. These promises were made so the People would delegate their power to representatives. Like the Declaration before, the Constitution was an advertisement. It was meant to lessen the Peoples' fears as much as it was to form a new government.

Our Founders understood the limitations of their time. They knew at its birth the Constitution could not do all it promised. That is why I refer to the Constitution as aspirational. The intent was to provide what they could at the birth of the nation and aspire to more. 

Many Founders certainly recognized their own hypocrisy. How could they believe in “all Men are created equal” while they turned a blind eye or even kept slaves? It was the expectation of Madison and other Founders that this was the nation we would become. They expected as time went on, slavery would be abolished. They expected as time went on, money would no longer be an obstacle to the welfare of Americans. They expected as time went on, Americans would amend their government. They expected the Constitution to be alive. They expected the People to amend it in ways to better affect our safety and happiness. 

The preamble may not spell out specific rights, but it provides the values on which America was built. Those values encompass and guarantee us as, Americans, certain unalienable rights. 

	We the People have the right to a nation based on Justice.
	We the People have the right to a fair and peaceful nation.
	We the People have the right to be protected from enemies, both foreign and domestic.
	We the People have the right to life and to have our general welfare ensured.
	We the People have the right to equality, security, the American dream, and the privacy to live life as we choose. 

These are not suggestions. These are promises made by the government that our Forefathers established. These are guarantees in exchange for our allegiance to this nation. These are the rights Americans have fought and died to protect. 

If we want the America we were promised, we must fight for it. We must recognize the failings of our system and make the effort to fix it. The first step is embracing the power of the People. 

We the People Are the Power!