Friday, December 30, 2011

Preamble to the “Bill of Rights”

Via What Would The Founders Think?

Today, it’s generally forgotten that when the “Bill of Rights” was ratified in A.D. 1781, that it included a “preamble” from Congress that explained fundamental purposes for those first ten Amendments.

Understanding these fundamental purposes is important since those purposes constitute evidence of the intent of the Amendments/law. The law is the legislators’ intent. In the case of the Constitution and Amendments, the “legislators” are We the People. The preamble to the “Bill of Rights” explains the People’s/sovereign’s intent behind the Bill of Rights and thus explains the fundamental “law” of those Amendments.

For example, once you understand this “preamble,” you’ll see that the 2nd Amendment right to keep and bear arms was intended to protect the people of the several States of the Union—but not against invasion by foreign enemies—but rather, from despotism imposed by our own federal government.

If you google “Bill of Rights preamble” you’ll find several sources for this document.

Here’s the Preamble’s text:

The First 10 Amendments to the
Constitution as Ratified by the States

December 15, 1791

Preamble

Congress OF THE United States
begun and held at the City of New York, on Wednesday
the Fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.:

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

The previous “preamble” is then followed by the first ten Amendments (“Bill of Rights”).

The fundamental “purposes” for the Bill of Rights is seen in the first paragraph/sentence of the Preamble:

“THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.”

Fifty-nine words. One sentence. Let’s take it apart, piece by piece:

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2 comments:

  1. Excellent! Should be taught in 5th grade (or earlier) and reviewed every single school year until it becomes ingrained in the mind of every citizen.

    Love it!

    ReplyDelete
  2. Excellent! Should be taught in 5th grade

    Good point.

    ReplyDelete