Ensuring the Consent of the Governed

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The phrase “a more perfect Union” from the Preamble to the U.S. Constitution encapsulates the Founders’ vision of continuous improvement. It wasn’t about achieving perfection but about making progress. This aspiration is as relevant today as it was in 1787.

The Constitution was designed to promote stronger national unity, effective governance, justice, and stability. Its goal was to unite the states into a cohesive nation, address the shortcomings of the Articles of Confederation, and establish laws to maintain peace. The Founders envisioned a federal system in which states retained local powers while the federal government managed national issues. This balance was deemed essential for preserving liberty and ensuring effective governance.

It is crucial to recognize that the wealthy elite primarily created the Constitution to protect their property and lifestyle, often overlooking the rights of the broader population. It took over a century for most citizens to gain the right to vote. We still face significant issues such as gerrymandering and malapportionment, stemming from extreme population disparities among states, each of which is mandated to have two senators. The principle of majority rule has yet to be fully realized, and achieving this should be our next goal.

True majority rule cannot be achieved unless citizens have the legal right to alter or abolish any law or parts of the Constitution. Additionally, Supreme Court opinions should be subject to approval by a vote of the collective citizenry. We must move forward with intention to ensure that every citizen’s voice is heard in a meaningful way and that our democracy genuinely reflects the will of the majority.

A “perfect union” is more of an ideal to strive toward than a finished product. It refers to a nation that is united in purpose, justice, and shared values. This concept has been interpreted in various ways, emphasizing unity with diversity, justice and fairness, peace and stability, and the common good. The idea is that different people can work together while respecting their differences.

However, the tension between equality under the law and pluralism in society remains a challenge. The rule of law demands generality, clarity, accessibility, and equal protection of individual rights. Yet, a diverse society includes people with different histories of discrimination, cultural norms, and socioeconomic realities. Treating everyone identically without acknowledging these differences can unintentionally reinforce inequality. This is why many legal systems embrace equal protection rather than strict sameness. The nation and the Constitution need to progress toward fully understanding that a democracy requires that the majority of the collective qualified voters represent the will of the people. The country must recognize that the minority of the collective citizens must accept the majority’s laws. They cannot make laws. The citizenry must acknowledge that only individuals or homogenous groups of individuals have rights and that the collective voting citizenry is a decision-making group whose only right is to possess a vote equal to all other citizens’ votes. They must recognize and understand that the states and the federal government have delegated power from the majority of the collective vote.

The Dobbs v. Jackson Women’s Health Organization case is a recent example of how diversity within a union can complicate the pursuit of equality. The decision returned the regulation of abortion to the states, leading to near-total bans in some areas and expanded protections in others. As a result, there is now geographic inequality in access to healthcare and bodily autonomy. This ruling illustrates how diverse governance can produce unequal outcomes, particularly when the federal Constitution refrains from enforcing uniform rights.

In conclusion, the pursuit of “a more perfect Union” is an ongoing journey. This effort requires us to balance unity with diversity, ensure justice and fairness, and continuously strive for progress. The Constitution’s vision of a balanced federal system serves as a guiding principle, but it must adapt to address the complexities of a diverse society. The challenge lies in ensuring that the law reflects the collective voice of the people while recognizing individual rights that are free from prejudice but mindful of reality.