THIS IS NOT A COUNTRY OF LAWS
Some educated citizens cling to the notion that the United State of America is a nation of laws. Those people are quite wrong. The United States is not a country of laws. The United States of America will, as long as it survives, remain a nation of Ideals. Laws are simple tools created to implement the Ideals of this nation.
Whenever a law is written, society admits a failure. The Constitution will forever remain a marvelous document, however, the essence of the Constitution lies not in its main body, nor within its amendments (in which society recognizes how human beings often act against their own best interests), but in the easily understandable words of our Constitution’s preamble.
52 words
"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."
Why the United States of America created itself will forever be the question, and the preamble to its Constitution will constitute the rationale for its existence for as long as we are remembered. The Preamble delineates the Ideals of this nation.
Laws themself are unable to form a more perfect Union, establish Justice, create Tranquility, or defend our citizens. Welfare will forever be a multi edged sword, Blessings and Liberty are rarely mentioned alongside legislation. These United States will forever be associated with its citizenry lobbying for less and less taxes, rules, regulations, and laws.
The Preamble of the Constitution enumerates the reasons for the this nation’s existence
Promote the general Welfare. This the key. Union, Justice, Tranquility, defense, Liberty, all contribute to the promotion of the general Welfare.
Promote the general Welfare has been Cited by the Supreme Court as being sufficient justification for any law to be considered Constitutional.
Since promoting the general Welfare can be considered to encompass all the other purposes enumerated within the Preamble, any law considered by the Supreme Court beneficial to the population in general, the general welfare, has to be considered Constitutional.
How much latitude does this give the Supreme Court ? Since the Supreme Court retains the ability to justify any law which they consider beneficial to the general population to be Constitutional, so, correspondingly, any law they consider not beneficial, might therefore be deemed unConstitutional.
Simplicity.
Which means all of the lawyerly nonsense regarding original intent is just that, lawyerly nonsense. Relying on precedent should only be considered an aid when a decision is to be made whether any particular law promotes the general Welfare. Again we must emphatically state that this is not a country built upon laws , but, most importantly , this is a country built upon Ideals
When lifetimes are spent in the attempt to justify laws through precedent set in times long past, when the question if the law promotes the general Welfare is never asked, perhaps some have lost their way.
If all legal gymnastics can be boiled down to whether or not certain laws promote the general Welfare or not , certainly a justification upon which the Supreme Courts has relied , this country is not a country of mere laws, this is a land whose heart and soul is dedicated to promoting the general Welfare of all who live within its borders.
