"Establish Justice"
Most everyone in my generation can recite the Preamble almost word for word thanks to Schoolhouse Rock. (They left out one phrase in order to fit the rhythm, so many of us miss that in recitation.) Politically speaking, the first words: "We the people of the United States of America, in order to form a more perfect union" speak volumes about the writing of the Constitution; namely, that the document would join the people of the country together as one, and not just the states as previous attempts had done. Although interesting, I will start with what that unified people purported to do with this new alliance.
The people of these new United States first sought to establish justice. Although we know that in preserving slavery, this goal had only limited meaning, within that limited meaning, it meant that full citizens had a right to fair treatment before the law, and most importantly consistent treatment. This implied that whether you lived in Massachusettes or Georgia, that you would reasonably have some consistency before the law. It did not require equal or similar laws, that still remained the prerogative of the state. It did, however, seek to place a check on the states to ensure that they provide a just foundation to society. It also recognized that prior to independence, we lived in an unjust society - at least according to the founders. The political-economic system that extracted wealth from the colonies without fair representation drove the otherwise loyal and content to join forces with those wishing religious freedom to create the groundswell that fed our fledgling nation.
In addition to this reigning-in of the heretofore inconsistent justice provided by the states under the Articles of Confederation and prior to that the colonies under English rule, the concept of establishing justice also suggested the idea that where activities (mostly commercial) crossed state lines, that a federal government would provide clear guidance that gave business a foundation on which to operate. This manifests itself in the commerce clause of the Constitution that gave Congress the power to regulate interstate commercial activities. The first "free trade" agreement of our country...in fact, in combination with the "general defense" (to be discussed later), the primary drivers of our union...this necessity to pool disparate strengths and resources for greater commercial benefit was a stroke of foresight because it laid the groundwork for the development of infrastructure (rail and eventually telegraphs and roads) that would define the economy for most of the second half of our country's existence.
These primary interpretations of "establishing justice" have great impact when analyzing the mechanisms we employ to maintain society in the industrial age. As part of the "deal with the devil" we make to power our economy with dirty fuels, we marginalize those who cannot afford to move away from industrial production sites (power plants, mines and wells, and chemical facilities) providing them less of a quality of life than those who can afford to choose areas far from these hazards. Our economy does not reflect the true cost of the damage caused by these operations, but instead externalizes them from the price that customers pay for the end product (whether it be plastics, energy, or processed materials). We see these costs only marginally through taxes paid for government cleanup or healthcare programs that pay to treat the diseases brought on by the pollution. More importantly, we as consumers do not see these costs in the prices we pay so that we might make the choice both economically and morally. If we truly want to realize this goal of establishing justice, we must fix our economy and ensure that we include all of the costs - human and economic - in the prices paid for goods. A good or service that increases one person's quality of life does not have value if it degrades the life of another in the process of production.
Another area of import, and one just recently reaffirmed by our Supreme Court, covers the idea of regulation of the combined atmosphere and waterways we share. Weather patterns and natural water flows mean that air and water in one state will likely flow to another. Anything that industrial production does to pollute one state will result in damage to another. If a "downstream" state chose to make environmental improvements, but could not reap the improved quality of life that would result because an "upstream" state continued to pollute, then that would violate the precept of justice. In the 1970s, we enacted the Clean Air and Clean Water Acts precisely for this purpose: so that we as a nation could recognize the importance of both to our continued existence and success. We have cleaner air and cleaner water because of them, and this smart regulation has provided a clear and common foundation from which businesses can sprout and thrive. The founders never considered a country where localized anarchy ruled, and where one community or state had no redress against another.
Establishing justice requires us to both seek out and eliminate environmental degradation that harms the life of another. Whether that person lives near us, or simply downstream of an industrial operation on which we rely, we cannot ignore the suffering our actions cause regardless of how remote to our lives. Our Constitution created a civilization based on "laws not men" so that we might have the freedom to better ourselves as a nation. We have reached the point where that bettering has to apply to all, and not just to some. We finally have the ability to deliver justice, and now we have the obligation.
Thanks to the Heritage Guide to the Constitution for some of the historical context.
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