The Constitution and Justice

When the Supreme Court rules, they often struggle to understand the depth and meanings in some of the words or phrases in the Constitution. However, the Founders provided very clear language as to what they were trying to accomplish from a vision standpoint. Although not the law, the Preamble provides critical guidance that should be the first reference for any court ruling.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Specifically, the word "Justice". It is the very first thing they wanted to establish. Justice should be the defining feature of any law, and anything that increase injustice should be unconstitutional. The very first question at any Supreme Court hearing should always be, "Does this law provide Justice to the people of the United States?" 

For example, the issue if gerrymandering can be seen as very complex and there are many laws that allow the Legislators to choose the shape of voting districts. However, shaping districts to minimize the voice of a group of people is simply not Justice. It doesn't meet the most basic standard of the what the framer's wanted. The rest of the laws are irrelevant. The Preamble is the "vision" for our country and Justice must always be at the center of our laws and society.