Who Are “We the People” in the Constitution? Some Thoughts and Reflections

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Stephen R. Rolandi
September 23, 2024

“These words must apply to everyone or they mean nothing.” – William Shatner portraying USS Enterprise Captain James T. Kirk in “The Omega Glory”, Star Trek, Episode No. 23, March 1, 1968

When I was a student in high school, I watched (and occasionally, still do) episodes of the initial television series of the America science fiction television show “Star Trek.” I found it fascinating how the military commander of a large space exploration vessel in the 23^rd Century made decisions in the face of adversity. The TV series also illustrated management lessons such as the concepts of leadership and delegation.   

In the episode that aired in March 1968, the show’s central character, Captain James T. Kirk (portrayed by William Shatner) leads a landing party in response to a distress signal; the crew soon learns that it is in the middle of a global conflict which ends with the victorious party participating in a ceremony where a tattered American flag and a recitation of the beginning (although slurred) words to the American Constitution.   

Earlier this month (on September 17th), we commemorated the 237^th anniversary of the submission of the proposed Federal Constitution to the states for their ratification. September 17th is celebrated as “Constitution Day” and “National Voter Registration Day” throughout the United States.

I thought this would be an opportune time to look at the Constitution’s Preamble, introductory statement, particularly its opening words.

The Preamble to the United States Constitution reads as follows:

“We, the People of the United States, in Order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defense, 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.”

A preamble may be defined as a preliminary statement or introduction, used to state the purpose aims and justification of a statute, law or in this case a constitution. The Constitution’s Preamble set the stage for our fundamental law, and communicates the intentions of the framers as well as its purpose. It does not assign powers to the Federal government, nor does it provide specific limitations on government action. The Preamble has been used to confirm that the Constitution was made for, and is binding only in the United States of America.

During the final days of the Constitutional Convention, the Preamble was placed into the final draft, with delegate Governer Morris (1752-1816) leading the effort.

The initial wording of the preamble did not refer to the “people” of the United States; but rather to people of the various states, which was the norm. It should be noted that prior documents, such as the United States’ alliance with France (1778); Articles of Confederation (1777-1781); and the Treaty of Paris (1783), did not include the word “people” and listed the names of the various states.

In using the words “We the People,” the final document affirmed that the Constitution is of the people, for the people, and by the people of the United States. This interpretation, which arises most strongly from the presence of those three words, leads to an understanding of the Constitution (the nation’s supreme or fundamental law) as affecting the people directly and not through regulations imposed on the states.

The words “We the People” are often considered the strongest links between the Constitution and the Declaration of Independence. Basically, those words define the interaction between the Constitution and citizens of the United States as direct and immediate. Thus, the Constitution and the government it creates supersedes any state government.

Most importantly, these three words emphasizes the people’s significance and ensures an understanding that the people are the ones giving power to the Government. Governmental power mandated by the Constitution comes not from God or from itself, but from “We the People.” The Preamble indicates that the Constitution exists to achieve democratic governance, establish justice and secure liberty.

So, who are the people in “We the People”? This is a question that has been debated throughout American history.

As the late Professor Morris D. Forkosch of Brooklyn Law School wrote in a law review article in 1968 for Case Western Reserve University, asking the questions: Were those three words meant to be an inclusive or exclusive term? Should these words be limited to only political or legal considerations, or other considerations as well? Are the “people” native-born Americans? Or does that term include other persons?

When the founders wrote those words in the late 18^th Century, they undoubtedly had in mind only white, male property owners 21 years of age and over. But over time, this conception has changed. Judge William H. Hastie (the first African-American Federal judge appointed in 1937 by President Franklin D. Roosevelt) wrote that “Democracy is a process, not a static condition”—much of American history reflects an on-going process, as individuals and groups have attempted to make the nation better reflect the democratic ideals expressed in its founding documents. Professor Forkosch concluded in his article that “the People” in the Preamble includes not only, women, servants, African-Americans and all who come within the various Constitutional Amendments (the 13^th, 15^th, 19^th, 24^th and 26^th).

Although a complex process, involving Congress, the President and the Federal courts, it can be said that the American Constitution is a living document that remains alive and responsive to new generations. We should remember that the United States is not a perfect union, and was not formed as one (I do not believe that there is a perfect nation state). I am also reminded of Benjamin Franklin’s famous statement “we have given you a republic, if you can keep it.”

Post script:

There is a vast amount of literature on the Constitution and related topics, but the works below are a good introduction:

• Herman Pritchett, “The American Constitution,” various editions

Mc-Graw Hill Publishers:

• Merrill Jensen,” The Making of the American Constitution, (1979), Krieger Publishing Company;
• Jack N. Rakove (editor), “The Annotated U.S. Constitution and Declaration of Independence,” (2009) Harvard University Press;
• Morris D. Forkosch, “Who are the “People” in the Preamble to the Constitution,” Case Western Reserve University, School of Law Review (1968)

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Author: Stephen R. Rolandi retired in 2015 after serving with the State and City of New York. He holds BA and MPA degrees from New York University, and studied law at Brooklyn Law School. He teaches public finance and management as an Adjunct Professor of Public Administration at John Jay College of Criminal Justice (CUNY) and Pace University. Professor Rolandi is a Trustee of NECoPA; President-emeritus/Senior Advisor for ASPA’s New York Metropolitan Chapter and past Senior National Council Representative. He has  served  on many  association boards, and is a frequent guest commentator on  public affairs and political issues affecting the nation and New York State. You can reach him at: [email protected] or [email protected] or  914.441.3399 or 212.237.8000.

 

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