Se­cure lib­erty through es­tab­lish­ing jus­tice

Serve Daily - - NEWS - By Casey Beres

In this month’s in­stall­ment of Un­der­stand­ing Lib­erty, I want to high­light the im­por­tance of the Pream­ble to the U.S. Con­sti­tu­tion. The pream­ble is more than an in­ter­est­ing in­tro­duc­tion. The pream­ble is an ex­pla­na­tion of the pur­poses of the Con­sti­tu­tion. One of those pur­poses, the most im­por­tant pur­pose gov­ern­ing all oth­ers, is to se­cure the bless­ings of lib­erty to ev­ery per­son the fed­eral gov­ern­ment en­coun­ters, cit­i­zen or not, on or off U.S. soil. The Pream­ble is as gov­ern­ing a por­tion of the text as ev­ery other por­tion of the Con­sti­tu­tion. It is, in essence, cod­i­fied fun­da­men­tal law along with the other Ar­ti­cles, Sec­tions, and clauses of the doc­u­ment.

There are six pur­poses of the Con­sti­tu­tion, all of which are listed be­low. What must be re­mem­bered is that the dif­fer­ent pur­poses of the Pream­ble can­not con­tra­dict each other. In other words, Congress must es­tab­lish do­mes­tic tran­quil­ity, pro­vide for the common de­fense, pro­mote the gen­eral wel­fare, and es­tab­lish jus­tice, all within the bounds of se­cur­ing lib­erty within the U.S., all of which will form a more per­fect union. In­deed, se­cur­ing lib­erty and es­tab­lish­ing jus­tice are in­sep­a­ra­bly con­nected. If you es­tab­lish jus­tice, you se­cure lib­erty. If you se­cure lib­erty, you es­tab­lish jus­tice. When you de­stroy lib­erty, you de­stroy jus­tice. To have jus­tice is to have lib­erty.

If at any time a law is passed or an ac­tion is done by the fed­eral gov­ern­ment that fur­thers one of the afore­men­tioned pur­poses, yet in­fringes upon the lib­erty of in­di­vid­u­als, how can the fed­eral gov­ern­ment be said to be se­cur­ing lib­erty and es­tab­lish­ing jus­tice? In other words, all laws that are passed and ac­tions done by the fed­eral gov­ern­ment in pur­suance of all other pur­poses in the Pream­ble must not in­fringe upon the lib­erty of the peo­ple.

We sim­ply can­not be true to the Con­sti­tu­tion and support laws and gov­ern­ment ac­tions that may pro­mote the gen­eral wel­fare, en­sure do­mes­tic tran­quil­ity, and pro­vide for the common de­fense of the na­tion, yet in­fringe upon the lib­erty of in­di­vid­u­als and thus es­tab­lish in­jus­tice.

How do we se­cure the bless­ings of lib­erty? We se­cure lib­erty by se­cur­ing to each and ev­ery in­di­vid­ual on and off US soil, cit­i­zen and alien alike, their equal, in­alien­able rights, some of which are enu­mer­ated in the Con­sti­tu­tion while oth­ers are men­tioned in gen­eral in the Dec­la­ra­tion of In­de­pen­dence and the rest are pro­tected by the 9th Amend­ment. When we vi­o­late the equal rights of indi- vid­u­als, we weaken and lose lib­erty and es­tab­lish in­jus­tice for us all. The re­cip­ro­cat­ing ef­fects of such rights vi­o­la­tions might not be im­me­di­ately felt, but truly, what goes around comes around, and such op­pres­sion will reach the op­pres­sor some­where down the line. Such is the his­tory of tyranny. Thomas Paine said it best: “[h]e that would make his own lib­erty se­cure, must guard even his en­emy from op­pres­sion; for if he vi­o­lates this duty, he es­tab­lishes a prece­dent that will reach to him­self.”

Se­cur­ing the bless­ings of lib­erty is the gov­ern­ing pur­pose of the Con­sti­tu­tion. In­deed, pre­serv­ing lib­erty and thus es­tab­lish­ing jus­tice is the best way to ac­com­plish the other pur­poses of the Con­sti­tu­tion. For where lib­erty and jus­tice re­side, so there also re­sides, to a greater ex­tent, tran­quil­ity, se­cu­rity and bet­ter wel­fare for the peo­ple. Se­cur­ing lib­erty is the key to achiev­ing the other pur­poses of the Con­sti­tu­tion out­lined in the Pream­ble. Re­mem­ber the words of Thomas Jefferson: “I would rather be ex­posed to the in­con­ve­niences at­tend­ing too much lib­erty than to those at­tend­ing too small a de­gree of it.” Re­source sug­ges­tions: 1.) Lib­erty Fund, Inc.’s “On­line Li­brary of Lib­erty:” http://oll.lib­er­ty­ 2.) The Cato Home Study Course Vol. 1: “The Ideas of Lib­erty:”

http://www.lib­er­tar­i­an­ me­dia/ video- col­lec­tion/ cato-home- study-course-vol-1-ideas-lib­erty

Orig­i­nally printed in the June 2013 edi­tion of Serve Daily.

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