Preamble's Supremacy
(Submitted to National Constitution Center
by email dated June 26,2021)
The Constitution is our map. The Preamble is our destination. In this context, it can be visualized as a park on a high shining hill with a tall statue of Liberty, in blessing pose, surrounded by gardens of unity, justice, tranquility, defense (preparedness) and welfare. The key word here is "Blessings". All our actions should produce blessings for all of us. One person's blessing can become a curse for one or more compatriots. That has to be avoided.
Our constitution provides us the highway to that destination. It can be called 'Americanism' to identify it as our unique approach different from the host of confusing and divisive ideologies. However, there can be exits luring us to seemingly better places. They can be any one of the large numbers of alternative ideologies. By taking such an exit we may be entering a labyrinth and repeatedly run into dead ends. We have to stay our course and avoid getting distracted by such attractions. The Supreme Court, acting as our navigator, helps us.
"The Preamble—or “Enacting Clause”—of the Constitution is more than just a pitcher’s long wind-up before delivering the pitch to home plate. While the Preamble does not itself confer powers and rights, it has significant implications both for how the Constitution is to be interpreted and applied and who has the power of constitutional interpretation—the two biggest overall questions of Constitutional Law." (https://constitutioncenter.org/interactive-constitution/interpretation/preamble-ic/interps/37#the-preambles-significance-for-constitutional-interpretation-by-michael-sto)
It is therefore surprising to note that "In the few occasions over the last century in which the Preamble has been mentioned, the Court has summarily denied its relevance to constitutional law."(https://constitutioncenter.org/interactive-constitution/interpretation/preamble-ic/interps/37).
Currently, the Presidential Commission on SCOTUS is working "to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals...."(https://www.whitehouse.gov/pcscotus/) It may as well examine whether the ideals presented in the Preamble should be ignored or insisted upon.
Let us hope that the Commission confirms the Preamble as the supreme crown of our constitution.
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