The US Constitution

Premise

Kevin A. Sensenig | September 23, 2012 | Updated March 25, 2014

Foundational Understanding

A religious, philosophical, or working understanding is taken as a given.  This understanding starts with the individual.

Structure

The Constitution specifies (the United States) government, specifies processes for that government, and delineates rights and powers.  The Constitutional specifies a representative individual/state/federalism.  The federal government is the states acting in concert, according to the wishes and rights of the people, as expressed 1) directly; 2) through the states; 3) by representation in Congress and by the President, and leadership by the President and appointed members of Congress; 4) with constraints, explication, enumeration, and enforcement provided by the judiciary.

Unstated Principle

There is an unstated principle in moving from the Declaration Of Independence to the Constitution.  There are 3 steps.

1. 1.Declaration: “We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the Pursuit of Happiness—That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed...”.
   

2. 2.Unstated principle: Expression of religious, philosophical, or working understanding in secular language.  This is demonstrated in the above statement, itself.
   

3. 3.The Establishment Clause: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...”.  Amendment 1, Clause 1.  This is a precision clause.
   

The “Emptiness” Of The Constitution

The Constitution allows Congress and the President to enact laws, whatever laws, constrained and directed by the rights and powers delineated, and the specification within the Articles, subject to representation of the people by those elected, and enforced by the courts.  The courts can also protect rights.

One way to denote resilient “function” and applicability of the Constitution is to consider the rights and powers delineated, and the specification within the Articles, as what they are, and then also to understand them as a _template_, for law and intent, within the same framework.

In this I also include, to consider the original Constitution, the first 10 Amendments.

The Framers’ Constitution

I consider here the Preamble, Articles 1-7, and Amendments 1 thru 10 as the Framers’ Constitution.

This has of course been augmented by the end to slavery and women’s right to vote, among other liberties.

Premise

The Preamble is the premise, as is point (1), from the Declaration, in the list above under “Unstated Principle”.  These cannot be denied.

Liberty

The Constitution is meant to guarantee liberty, and the freedom to function in society.  This liberty is for the individual, and society.

The point of law is _liberty_.  One definition might be “the ability to move freely and to select, invent, or create the best option; or to do nothing at all.”  “Free to maneuver” might be a tenet.  Various religious, philosophical, and working understanding or views put this differently.

The Constitution specifies _government_, and delineates rights and powers.  It does not specify the individual, or society, or religion, or philosophy.

For instance, it might be readily understood that mathematics is naturally and innately accessible.  That philosophy purports to be grounded on principles of reality; and also religion.  And that religion is the expression of reality for some.  And that one can work out significant aspects of life, oneself, free to seek guidance, and to pursue one’s own understanding.  Free to associate, or not; and free to work with others.  This seems to have been worked out for the individual, first within family, then with teachers and within society, at least as a matter of historical context, and direct interpretation and expression.  “I’m not sure what is not sufficient”.

Home