Skip to content
Search

Latest Stories

Top Stories

Defer to the Preamble

Defer to the Preamble
Getty Images

Leland R. Beaumont is an independent wisdom researcher who is seeking real good. He is currently developing the Applied Wisdom curriculum on Wikiversity.

The many split decisions by the U.S. Supreme court justices demonstrate the ambiguity inherent in the U.S. Constitution. Fortunately, the Founding Fathers made their intentions clear in the P reamble to the Constitution where they say:


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.

This Preamble makes it clear the Founding Fathers intended the Constitution to “…promote the general Welfare …” of the people.

Compare the clarity of the Preamble to the dangerously ambiguous language of the Second Amendment. Ratified on December 15, 1791, it states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

If one adopts an originalist view of the Constitution, which asserts that all statements in the Constitution must be interpreted based on the original understanding, then the Second Amendment means that if you are a member of a state militia and that militia is well regulated, you are free to carry your musket.

However, almost 250 years later in the era of high powered assault weapons interpretations of the Second Amendment now allow the purchase and open carry of assault type weapons, such as the AR-15-style rifle. This weapon has been prominent in mass shootings in the United States.

Fortunately, the clarity of the Preamble can help us resolve the ambiguity of the Second Amendment.

Knowing the Founding Fathers intended the Constitution to “…promote the general Welfare …” of the people we should ask ourselves if allowing purchase and use of AR-15-style rifles promotes the general welfare of the people.

This question can be answered empirically, for example by comparing the welfare of those killed and injured by AR-15 style rifles to the various benefits enjoyed by their owners. This information should be used by justices to form their opinions as they interpret the wishes of the Founding Fathers.

Promoting general welfare means that the government should see to it that the citizens of our country enjoy good fortune, health, and happiness to the benefit of as many people as possible, not just a few. By paying close attention to the preamble of the Constitution today’s Supreme Court will do a better job of fulfilling the wishes of our Founding Fathers.

Read More

Why Doing Immigration the “White Way” Is Wrong

A close up of the Immigration and Customs Enforcement badge.

Getty Images, Tennessee Witney

Why Doing Immigration the “White Way” Is Wrong

The president is granting refugee status to white South Africans. Meanwhile, he is issuing travel bans, unsure about his duty to uphold due process, fighting birthright citizenship, and backing massive human rights breaches against people of color, including deporting citizens and people authorized to be here.

The administration’s escalating immigration enforcement—marked by “fast-track” deportations or disappearances without due process—signal a dangerous leveling-up of aggressive anti-immigration policies and authoritarian tactics. In the face of the immigration chaos that we are now in, we could—and should—turn our efforts toward making immigration policies less racist, more efficient, and more humane because America’s promise is built on freedom and democracy, not terror. As social scientists, we know that in America, thinking people can and should “just get documented” ignores the very real and large barriers embedded in our systems.

Keep ReadingShow less
Insider trading in Washington, DC

U.S. senators and representatives with access to non-public information are permitted to buy and sell individual stocks. It’s not just unethical; it sends the message that the game is rigged.

Getty Images, Greggory DiSalvo

Insider Trading: If CEOs Can’t Do It, Why Can Congress?

Ivan Boesky. Martha Stewart. Jeffrey Skilling.

Each became infamous for using privileged, non-public information to profit unfairly from the stock market. They were prosecuted. They served time. Because insider trading is a crime that threatens public trust and distorts free markets.

Keep ReadingShow less
Supreme Court Changes the Game on Federal Environmental Reviews

A pump jack seen in a southeast New Mexico oilfield.

Getty Images, Daniel A. Leifheit

Supreme Court Changes the Game on Federal Environmental Reviews

Getting federal approval for permits to build bridges, wind farms, highways and other major infrastructure projects has long been a complicated and time-consuming process. Despite growing calls from both parties for Congress and federal agencies to reform that process, there had been few significant revisions – until now.

In one fell swoop, the U.S. Supreme Court has changed a big part of the game.

Keep ReadingShow less