Epilogue

Richard J. Forst and Tauya R. Forst

FINAL CRITICAL REFLECTIONS

It has been 230 years since the original 13 states ratified the Constitution and the Bill of Rights.   This would be a good time to conduct a rigorous self-analysis.  So, how has the United States of America fared with the six goals set forth in the Preamble?  As a reminder, here are the goals:

 

  1. Form a More Perfect Union
  2. Establish Justice
  3. Ensure Domestic Tranquility
  4. Provide for the Common Defense
  5. Promote the General Welfare
  6. Secure the Blessings of Liberty

 

1.  Form a More Perfect Union

Do we have a “more perfect” union now than we did in 1791?   It can be argued that in many ways, the answer is “yes.”  We have abolished slavery, the right to vote has been extended to men and women of all races, we have survived a civil war and preserved the union of the original states, while adding many more.   In what ways would you argue that our union may be less perfect than it was over two centuries ago?

 

2.  Establish Justice

What steps have we taken to “establish justice?”  One may cite equal opportunity for all, regardless of race, gender or ethnic background, as a given in our current culture.  One may also point to the 13th, 14th and 15th Amendments, and the Voting Rights Act of 1965, as well as marriage equality.   But in what areas have we fallen short of this goal?

 

3.  Ensure Domestic Tranquility

How has America “ensured domestic tranquility?” Perhaps we would point to the establishment of a Federal Bureau of Investigation, the U.S. Marshal’s service, as well as police forces in States, cities and counties across the country, all dedicated to preserving the peace.  Meanwhile, we have witnessed mass protests against social injustice and police violence, especially in the year prior to the publication of this book.  How much more do we have to do to accomplish true tranquility?  What solutions would you propose, keeping in mind that any solution must be constitutional?

 

4.  Provide for the Common Defense

Have we provided for the common defense?  This would seem to be easily answered by citing the budget for the American defense department, which was in excess of $700 billion in fiscal year 2020.cite  But in light of challenges posed by international terrorism, cyberwarfare from hackers using ransomware, and threats against democracy from governments such as those in China, Russia, and North Korea, are we safe?  Have we adequately provided for the common defense?  If not, what can we do to accomplish this goal?

 

5.  Promote the General Welfare

Has America efficiently “promoted the general welfare?”  Perhaps the key word in that goal is “general.”   It wouldn’t be hard to argue that many Americans’ welfare is being actively promoted, but what about the “general” welfare?  What can we do to further promote it?

 

6.  Secure the Blessings of Liberty

The final goal explicitly notes that the freedoms we often take for granted, are actually blessings to be thankful for.  Are we doing enough to secure those blessings?  Where have we fallen short?   In which areas can we improve, while at the same time preserving our economic prosperity and way of life?

 

 

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Constitutional Law Comes Alive: An Innovative Approach 2e Copyright © 2023 by Richard J. Forst and Tauya R. Forst is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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