Do you have a checklist, when you analyze something, and “Defend the Constitution”, for “We The People”?

2021-05-10T14:13:05-04:00

Here is my example:

You could question and answer and correct anything with this checklist. I am open to suggestions .

Does it create a more perfect union?
Does it establish justice?
Does it insure domestic tranquility?
Does it provide for the common defense?
Does it promote the general welfare?
Does it secure the blessings of liberty to ourselves and our posterity?

10 U.S.C. § 502 - U.S. Code - Unannotated Title 10. Armed
Forces § 502. Enlistment oath: who may administer

(a) Enlistment oath. --Each person enlisting in an armed force shall take the following oath:
“I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

The U.S. Constitution: Preamble
"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."

Response by SFC Michael Hasbun made May 10 at 2021 2:28 PM

2021-05-10T14:28:03-04:00

This is a terrible way to analyze your car loan or rental agreement...

Response by SPC Terry Page made May 10 at 2021 2:42 PM

2021-05-10T14:42:50-04:00

Yes, in a way. I carry a little leather-bound constitution in my pocket. When a discussion about proposed (or already enacted) legislation pops on the news or elsewhere I make a game out of it and we see if we can find ANY resemblance to a constitutionally enumerated power in the item under discussion. Usually the last-hope to begin trying to justify the item is found in Article I Section 8 "the commerce clause" "To Regulate Commerce with Foreign Nations, and among the several States and with the Indian Tribes". That coupled with the very last sentence in Section 8. Most of these legislative efforts are Waaaaay beyond the most liberal interpretation.

Response by LTC Eugene Chu made May 10 at 2021 2:46 PM

2021-05-10T14:46:35-04:00

Keep in mind that the that the the founders wrote US Constitution as a replacement for the Articles of Confederation. They wanted a more perfect union due to in-fighting among state governments along with security concerns (e.g. lack of cohesive national defense strategy, difficulties stopping Shays Rebellion, etc.)

https://www.history.com/topics/early-us/articles-of-confederation

Articles of Confederation

The Articles of Confederation and Perpetual Union was the first written constitution of the United States. Written in 1777 and stemming from wartime urgency,