Social Contract
Social Contract
The theory that best matches the preamble to the U.S. constitution is the will of the people. The preamble refortified the fact that the constitution was written by and for the people. This means the constitution continues to be a living document, since it governs the will of an entire nation. Without a democratic form of government, however, the constitution would simply be null and void.
The social contract theory is not listed by name in the US Constitution, though it is inferred in the Preamble to the US Constitution.
The Constitution
The pre-amble to the constitution is a legal requirement of law dating back over 4,000 years. For the past 4,000 years any law or government act must state by what authority it derives its power to act (as contained in the law) - this is called an Enacting Clause; the pre-amble states that the power to form the government of the United States is derived from "We the People -" and no other source.
Social Contract
The compact theory of government means that the nation was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states. This is in regards to the United States Constitution.
There is no interpretation of the constitution by evolutionists. The constitution does not address this theory or prove it right or wrong. The constitution is a foundation of government and a system of laws for the government. It is also secular in nature and does not promote any religious rites or traditions and instead allows for the freedom of religion.
Is a view that the constitution should not be taken literally. This loose interpretation of the constitution would allow the Federal Government the rights that are not explicitly stated in the constitution. Alexander Hamilton supported this theory which allowed for a strong central government.
The Preamble to the Constitution is an introductory statement of the principles at work in the Constitution. Courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and evidence of what they hoped the Constitution would achieve.
The U.S. Constitution conforms to John Locke's social contract theory by establishing a system of government based on the consent of the governed and protecting natural rights such as life, liberty, and property. The Constitution also outlines the division of powers between different branches of government to prevent tyranny and ensure accountability, reflecting Locke's ideal of limited government.
Living constitution theory is a method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.