--Preamble of the U.S. Constitution
It is possible that conflicting principles are embedded within the Constitution itself. In any given case, securing the blessings of liberty for both ourselves and future generations might be mutually exclusive. For example, today's economic growth potentially compromises tomorrow's environment. Or fighting in Afghanistan and Iraq sacrifices the freedom and lives of today's soldiers for the chance of a more peaceful world tomorrow.
The following are notes from a brainstorming session that Kelly and I had last week that started with thinking about the proper constitutional roles for Congress and the U.S. Supreme Court (SCOTUS) and ended with the above observation (which is also the premise of our paper The Governance Imperative).
What of when SCOTUS is wrong? When SCOTUS invalidates a law but is wrong, no harm is done since Congress can repass it.
When SCOTUS uses wording from the Constitution, it's rulings are generally accepted.
When SCOTUS erects its own language and standards and inferred rights, even as "logical" extensions of constitutional principles, conflict ensues.
The Constitution values certain principles, which we have gleaned from the Preamble:
- peace
- welfare
- liberty
- posterity
- justice
The purview of Congress is to make relative value judgments regarding these principles, balancing the importance and weight of each of these in the law-making process.
It is the role of the Supreme Court to oversee this balancing act, ensuring that Congress remains within the bounds of the constitutional application of governmental power (fairness).
When Congress or the Supreme Court allow these principles to get out of whack or outside of constitutional limits, society is plunged into the realm of the inhumane.
Some of the principles that Congress has to consider in this grand juggling act are, in some instances, diametrically opposed:
- safety vs. freedom
- posterity vs. liberty
- transcendence vs. immanence
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