How come the Constitition Preamble and Declaration of Independence are not used more often when analyzing on Rallypoint?

2021-06-26T16:58:25-04:00

We Swear an Oath to Defend it and nothing else, the Constitution Preamble. I could spend a lifetime here wondering and expanding on what has happened to our focus. Are any systems of government created with any checklist if they are meeting the standard set forth in the Constitution Preamble and Declaration of Independence?

Response by MSG Stan Hutchison made Jun 26 at 2021 5:16 PM

2021-06-26T17:16:17-04:00

We did NOT swear an oath to defend the Constitution Preamble. We swore an oath to defend the Constitution. Big diff.
The Constitution Preamble is simply to explain the purpose of the Constitution, a road map. The remainder of the Constitution and the amendments explain how we will accomplish that purpose.

Also, it is up to the Courts and the voters to decide if any government agency is "meeting the standards" set by the Constitution.

The Declaration of Independence has no legal binding. It was a declaration directed toward the British monarchy.

Response by SFC Kelly Fuerhoff made Jun 26 at 2021 5:23 PM

2021-06-26T17:23:21-04:00

Why are you so obsessed with the preamble to the Constitution and the Declaration? You constantly post about them.

Preamble: "a preliminary or preparatory statement; an introduction.
"what she said was by way of a preamble"
LAW
the introductory part of a statute or deed, stating its purpose, aims, and justification."

It's literally JUST an introduction to the Constitution. That's it. So why would it be used to "analyze" anything? Also we wear an oath to support and defend the CONSTITUTION. Not just the introduction to it.

The Declaration of Independence is just a historical document. The founders didn't even care about it - if you ever go to the National Archives to see it or the Constitution - look at how faded the Declaration is and how much better shape the Constitution is. The Declaration was stored away in boxes, rolled up, and at one point it sat on a wall in direct sunlight. All that it was is a "f* you" to King George basically. In written form.

The Constitution is the basis of our laws so it was preserved much, much better.

What "standard" are you speaking of in the preamble or the Declaration?

Response by CWO3 Private RallyPoint Member made Jun 26 at 2021 5:41 PM

2021-06-26T17:41:43-04:00

No mention of obeying the Preamble in the current version. https://www.thebalancecareers.com/oath-of-enlistment-3354049

The Required U.S. Armed Forces Oath of Enlistment

Members of the Armed Force of the United States must take the enlistment oath before enlisting and re-enlisting for service in the military.

Response by SFC Randy Hellenbrand made Jun 26 at 2021 10:31 PM

2021-06-26T22:31:51-04:00

This is easy for me. I love America. I will defend it to my death from enemies both foreign and insurrectionists.

Response by SSgt Private RallyPoint Member made Jun 27 at 2021 11:41 AM

2021-06-27T11:41:13-04:00

The Constitution is organized into three parts. The first part, the Preamble, describes the purpose of the document and the Federal Government. The second part, the seven Articles, establishes how the Government is structured and how the Constitution can be changed. The third part, the Amendments, lists changes to the Constitution; the first 10 are called the Bill of Rights.

Now, progressives will write and say that the preamble is not important and that it is not "part" of the Constitution. Pretty clever for people who demand a revised history.

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The word “preamble,” while accurate, does not quite capture the full importance of this provision. “Preamble” might be taken—we think wrongly—to imply that these words are merely an opening rhetorical flourish or frill without meaningful effect. To be sure, “preamble” usefully conveys the idea that this provision does not itself confer or delineate powers of government or rights of citizens. Those are set forth in the substantive articles and amendments that follow in the main body of the Constitution’s text. It was well understood at the time of enactment that preambles in legal documents were not themselves substantive provisions and thus should not be read to contradict, expand, or contract the document’s substantive terms.

But that does not mean the Constitution’s Preamble lacks its own legal force. Quite the contrary, it is the provision of the document that declares the enactment of the provisions that follow. Indeed, the Preamble has sometimes been termed the “Enacting Clause” of the Constitution, in that it declares the fact of adoption of the Constitution (once sufficient states had ratified it): “We the People of the United States . . . do ordain and establish this Constitution for the United States of America.”

https://constitutioncenter.org/interactive-constitution/interpretation/preamble-ic/interps/37

Interpretation: The Preamble | The National Constitution Center

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.