from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
ESTABLISH. This word occurs frequently in the Constitution of the United
States, and it is there used in different meanings. 1. To settle firmly, to
fix unalterably; as, to establish justice, which is the avowed object of the
constitution. 2. To make or form as, to establish an uniform rule of
naturalization, and uniform laws on the subject of bankruptcies, which
evidently does not mean that these laws shall be unalterably established as
justice. 3. To found, to create, to regulate; as, congress shall have power
to establish post roads and post offices. 4. To found, recognize, confirm or
admit; as, congress shall make no law respecting an establishment of
religion. 5. To create, to ratify, or confirm; as, we, the people, &c., do
ordain and establish this constitution, 1 Story, Const. Sec. 454.