Constitution
The framers of the Constitution included the purpose to "form a more perfect union" in the Constitution because the system of government established in the Articles of Confederation failed to unify the states into a single governmental union. Article I, 1 and 3 address the idea of forming a more perfect union, by showing that states receive equal representation, because of their senators, but also that all Americans receive proportionate representation. The government continues to fulfill this purpose, by balancing the concept of state rights with federal rights. For example, state governments are entitled to define marriage, but are required to recognize marriages from other states. On the other hand, some rights, such as Fifth Amendment protections, must be observed by the states.
The framers included the phrase "establish justice" in the Constitution because they felt that the colonial system of government was unjust. U.S. Const. amend. IV sought to ensure that people would not be subject to unreasonable searches and seizures. U.S. Const. amend. V sought to ensure that people could not be forced to incriminate themselves. Both of these provisions help differentiate a democracy from a police state. The return of the children to the FDLS compound in Texas shows that the government is still willing to observe the Fourth Amendment, because there were not sufficient grounds to seize the children; a general suspicion of criminal behavior is not sufficient. The fact that arrested criminals are routinely read Miranda rights, informing them of their rights under the Fifth Amendment provides another example of a country concerned about justice.
The framers included the phrases "insure domestic tranquility," "provide for the common defense," "promote the general welfare," and "secure the blessings of liberty" to make sure that the Federal government had the power to exercise general police powers and engage in warfare.
Therefore, the powers to establish federal felonies and to declare war, which are granted to the Congress under Article I, 8, help further all of these goals. The power to declare felonies helps protect citizens, ensuring domestic tranquility, promoting the general welfare, providing for the common defense, and securing the blessings of liberty. A good example of those powers is the Violence Against Women Act, which helps make sure that American women have actual rights, not simply technical rights. Likewise, the Civil Rights Amendments and statutes help ensure those aspects.
