A second possible reading (hereinafter Analysis 2) would have "to ourselves and our posterity" modify
only "the blessings of liberty." According to this interpretation, only these "blessings,"
amongst all the goals of the Preamble, would be explicitly secured for both "ourselves and our posterity."
This interpretation has a superficial appeal, since the 'blessings' phrase and the 'posterity' phrase occur
between a pair of commas. If the interpretation were valid, it would be important to know what precisely the
"blessings of liberty" are. f225
Unfortunately, this interpretation leaves the nature of the "blessings" somewhat ambiguous. The "blessings
of liberty" might be the sorts of political freedoms that we somewhat loosely label today as 'civil liberties.'
They might be the unalienable rights to "life, liberty and the pursuit of happiness" referenced in
the Declaration. f226 Several writers
have suggested that the "blessings" could be expected to include, at a bare minimum, the preservation
of essential environmental systems. f227
(Perhaps this last is just an alternative formulation of the requirement that "life" be preserved
for posterity.) Or, the phrase "blessings of liberty" might be considered as a summarization of the
preceding five Preamble goals, in which case the policy implications of Analysis 1 would be identical with those
of Analysis 2. f228 As one commentator
explains:
"This would be equivalent to a restatement of the Preamble as: . . . 'form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure THESE blessings of liberty to ourselves and our posterity'." f229
However, there are significant problems with Analysis 2, in spite of its superficial grammatical appeal (the 'comma argument'). The first objection is a problem of what might be termed 'legislative history.' The posterity clause was included in the earliest drafts of the Preamble, before inclusion of the "blessings of liberty" language, f230 and therefore must have been intended to serve some purpose other than modification of the 'blessings'. Also, it is unreasonable to assign much importance to the placement of commas in the Preamble in light of the complete disregard shown for the comma scheme in the states' ratification proclamations. f231
Passing now to a third possible reading of the text (hereinafter Analysis 3): "to ourselves and our Posterity"
can be construed as modifying the phrase "ordain and establish." To make this sense clearer, we may
paraphrase the Preamble as follows: "We the people of the United States, in order to [accomplish a list
of goals], do ordain and establish [this constitutional system] to ourselves and our Posterity." While
ordaining and establishing advantages to persons might constitute awkward grammar today, it was standard usage
a few hundred years ago. f232 This
reading, like the other two readings, supports the idea that the federal government in all its aspects is intended
to operate for the benefit of the entire intergenerational community.
While the posterity clause, like the larger Preamble, does not itself confer substantive powers or affirmative
duties upon government, it does indicate who the beneficiaries of powers and rights enumerated elsewhere in
the constitution should be -- "ourselves and our posterity." It follows that all subsequent constitutional
provisions should be construed, where possible, in an intergenerational light. All government action and policy
(and judicial review of the same) must take into account the ramifications of said actions and policies upon
the entire intergenerational community, and seek to balance burdens and benefits fairly between generations.
f233
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