Reader Report: Constitution’s creation was truly revolutionary

“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.”

These are the words of the Preamble, or introduction, to our present Constitution, which is the basis of the legal system of our nation. During and after the Revolutionary War, we were under the guiding law of the Articles of Confederation. This was merely a loose union or confederation of the states without a coordinating federal government.

It did not provide for enough authority to enforce decisions or coordination among the states. For example, it did not provide for a common currency, for ways to raise money, for ways to enforce decisions or for ways to negotiate with foreign governments. The 13 states were in constant disagreement and competition with each other. They found it hard to pull together to work for the common good of all. The Founding Fathers realized that a new kind of government was needed, where a federal government could coordinate the needs of the 13 states, but allow them to maintain their individual autonomy.

There was much discussion about how to achieve this during the summer of 1787 in Philadelphia, when representatives from the 13 states quietly convened to remedy the pitfalls that they saw resulted from a national government that was too weak and inefficient.

The preamble of the Constitution thus states the goal and purpose of our government: 1) to insure domestic tranquility, 2) provide for the common defense, 3) promote the general welfare of all, and 4) secure the blessings of liberty so people could go about their business of being productive and creating their own lives as they wished.

The federal government was thus given the distinct powers of declaring war, raising an armed forces, regulating interstate and foreign trade, admitting new states, establishing foreign policy and creating laws to carry out the delegated powers.

The states were to retain jurisdiction over everything else, which included establishing schools, running local governments, conducting elections, regulating business within the state, creating marriage laws and providing for the public safety. Concern over the delicate balance of power between the states and the federal government resulted in Amendment IX and Amendment X of the Bill of Rights, which guaranteed that duties not specifically delegated to the federal government were reserved to the states.

In the Constitution, the executive branch is given authority to execute the laws passed by Congress. While he has the power to veto any laws, Congress can override a veto by two-thirds vote. The executive is also the commander in chief. Finally, the president can be tried and impeached if he abuses and oversteps his power. The Constitution provides checks and balances on the executive power. Thus powers of the Executive branch are limited and defined.

The legislative branch is divided into two parts: The Senate is composed of two representatives from each state, and the House of Representatives consists of a proportional representation based on population. There is a total of 435 representatives in the House.

The job of Congress is to make laws, regulate both foreign and interstate commerce, levy taxes and duties, pay debts, borrow money on credit, establish a rule for naturalization of citizenship, provide for a unified currency, coin money, establish a Post Office and post roads, promote science and useful acts by securing rights of inventors and authors with a Patent Office, declare war, make rules concerning captures on land and sea, raise and support armies, maintain a navy, call forth a militia, confirm presidential appointments, make laws, and suppress insurrections and repel invasions.

The judicial branch was to be set up by Congress and judges would be appointed for life with the advise and consent of the Senate. In Article VI, the Constitution is declared to be the supreme law of the land and is intended to be the benchmark by which all other laws are to be judged, and they are to be in accordance with the Constitution.

The Revolutionary War produced a new and different way of thinking. Our new government was to derive its just power from the consent of the governed and not from a despotic king or an oligarchy of the powerful who ruled for their own benefit. After 10 years of fumbling along, the Founding Fathers had to rethink and redesign how our government would operate.

Fortunately, they were well-read men of the Enlightenment, and they also had the practical experiences of governing in the Colonial governments and in the new United States of America. They knew what worked and what didn’t. They believed in the freedoms they had fought for. With careful and thoughtful deliberation, they devised a new government which would secure the rights of life, liberty and the pursuit of happiness for the people. This new government would give the people themselves control over their destiny.

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Newport Beach resident SHERRY MARRON has a doctorate in American studies. She has taught at the University of Connecticut and Orange Coast College.