[4] To establish justice is one of the primary purposes of government.  Under the articles of confederation there had been no national judiciary, and state courts often discriminated against foreigners and citizens of other states.  To remedy this, to establish fair-handed justice throughout the land, the national judiciary was created by the constitution.

[5] “Domestic tranquillity” means here peace among the states and within each state.  The condition of affairs during the confederation period had been woeful.  A long war had impoverished the people, and unable to pay their taxes they had in several places broken out in rebellion.  Each state by commercial regulations was trying to better its fortunes even at the expense of the others.  These regulations, and disputes about boundaries, kept the states quarreling among themselves.

By transferring to the general government the power to regulate commerce with foreign nations and among the states, by giving it power to enforce treaties, and by creating a tribunal with authority to settle controversies between states, the framers of the constitution removed in a large measure the irritating causes of discord.  But to insure peace, the general government was expressly given power to put down insurrections in the states.

[6] To defend the country is another of the important duties of government.  The United States could do this better than each state could defend itself.  Several reasons are obvious.  Therefore the general government was empowered to raise and maintain an army and navy, and it thus became “competent to inspire confidence at home and respect abroad.”

[7] “To promote the general welfare” was the great object for which the government was organized, and all the provisions of the constitution have that in view.  This expression was intended to cover all those things which a government may properly do for the good of the people.  It is very elastic, as it was intended to be, and has covered acts as different as the purchase of Louisiana, and the endowment of agricultural colleges, the granting of a patent, and the establishment of post-offices.

[8] This is a worthy climax to the preamble.  The great struggle, which began in the mother country, continued through colonial times, and culminated in the revolution, had been for liberty.  The love of liberty had illumined the pathway of the pilgrims crossing unknown seas; it had glowed in the Declaration of Independence; it had warmed the hearts of the half-clad soldiers at Valley Forge.

Liberty had now been won; the problem was how to render it secure.  The desired security was to be found only in the formation of a government having all powers necessary for national sovereignty and independence, while retaining in the states all powers necessary for local self-government.

CHAPTER XXI.

ARTICLE I.—­THE LEGISLATIVE BRANCH.[1]