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Friday, November 5, 2010

Preamble to the Constitution (continued) ...."establish justice"

Re establish justice, injustice, unfairness of laws and in trade, was of great concern to the people of 1787. People looked forward to a nation with a level playing field, where courts were established with uniformity and where trade within and outside the borders of the country would be fair and unmolested.
Although the preamble sets forth the goals of the Constitution, one of them being to establish justice, the Supreme Court has ruled that it is not an independent source of rights. The court ruled, in 1905, that although this goal, to establish Justice (and other goals, ie insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity...) is a declared right of the Constitution, no power can be exerted to that end by the United States, unless, apart from the Preamble, it be found in some express delegation of power, or in some power to be properly implied therefrom.

Give us your thoughts about this clause. Have we established a truly just society? How does it compare to other nation's justice systems (not just the courts)?

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