The Constitution has created a political institution. That political institution
has a structure that is triadic in nature. Its purpose is set out in the Preamble
and its structure is crafted and constituted in the text. Of course, being entirely
in writing, it requires interpretation. But, interpretation is confined to the four
corners of the text and that includes the Preamble. We cannot leave out the
purpose of the Constitution in determinations of what is Constitutional.
There is no need to go outside the text. While other texts and disciplines
have been placed in jeopardy by the Linguistic Turn, the Constitution remains
immune. The reason for that is that the Constitution has no truck with
determinations of reality as such. While some disciplines purport to interpret
and represent reality, Constitutional and legal interpretations only decide
whether a law is Constitutional or not, or whether any activity, brought to
Court as a case or controversy, is legal or not. It does not make moral or ethical
determinations nor philosophical determinations of Right or Wrong or whether
a term corresponds to reality.
Notice that the Top can only interpret, invoke and delineate its abstract power in
linguistic forms. But, the people at the Bottom of the triad are not abstractions,
they are real. They are Number. You and I are real, we are number and must be
counted. No number can be left out in a proper equation, whereas in language,
an abstraction leaves too much out and has too much wiggle room. Interpretive
practices must consider the purpose of the political institution stated in the
Preamble as a basis to connect the relation between an abstract Top and a
concrete Bottom. Proceedural practices must be instituted to consider the
bottom of triadic government as real and concrete. "We the People..." is
Real.
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