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4. Federalism and the United States Constitution. . By FindLaw Staff | Protecting Americans right to liberty has always been a balancing act, yet Americans have never wavered in their demands to be free and not be limited by government decree or action. [25] Although the government argued that the scope of the Commerce Clause included this transaction, it also argued that the Preamble's statement that the Constitution was created to "promote the general Welfare" should be understood to permit Congress to regulate transactions such as the one in this case, particularly in the face of an obvious national emergency like the Great Depression. [66], The Supreme Court held in 1901 that since the Preamble declares the Constitution to have been created by the "People of the United States", "there may be places within the jurisdiction of the United States that are no part of the Union. By Staff Writer Last Updated March 24, 2020 According to the preamble of the United States Constitution, the five aims of government are to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense and promote the general welfare. The Constitution of Argentina provides in its Preamble that one of its purposes is to "promote the general welfare". "[27] The actual phrase "general welfare" appears only in Article CXVI, which permits the imposition of capital punishment for "the purpose of protecting the general welfare of the citizens".[27]. At first glance, one may assume that the use of the preamble, We the People establishes the United States government as a democracy. 2. Instead, Jefferson deployed frigates to defend Americas interests in the Mediterranean. 40, Ry. 26 Apr 2023 The courts have shown interest in any clues they can find in the Preamble regarding the Constitution's meaning. . [17] All of these considerations of the political theory behind the Constitution have prompted the Supreme Court to articulate a variety of special rules of construction and principles for interpreting it. Establishing a constitution that would become thesupreme rulinglaw of the land helped solve many of the problems that had previously belabored the young nation during its formative years. [5] George Washington, Fifth Annual Address Message, December 3, 1793. SUMMARY: The Food Garcia v. San Antonio Metro. Longley, Robert. In this sense, it can accurately be considered a union in arepublic, as power is distributed evenly amongst people and states.