Eleanor Finch
The Preamble to the United States Constitution is an introductory statement that outlines the intentions and principles behind the creation of the Constitution. Written primarily by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention, the Preamble sets the tone for the Constitution and emphasizes the desire to form a more perfect Union. It highlights several key objectives, including establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty for the people of the United States. While the Preamble does not confer powers or rights, it serves as a guiding force for interpreting the provisions that follow and ensures that the national government has the authority to meet the needs and aspirations of its citizens.
| Characteristics | Values |
|---|---|
| The preamble sets the stage for the Constitution | It is an introduction to the highest law of the land |
| The preamble communicates the intentions of the framers and the purpose of the document | It does not define government powers or individual rights |
| The preamble is not the law | The Constitution is the nation's fundamental law |
| The preamble is an aspiration for the Constitution | It is not enforceable |
| The preamble is an interpretive guide for the Constitution | It does not confer powers or rights |
| The framers intended the Federal judiciary to function as the institutional custodian of justice | The Federal courts are engaged in the political process |
| The judiciary has the power to declare Acts of Congress and State legislatures unconstitutional | The judiciary has the power to create a system of Federal private law |
| The judiciary has the power to join with Congress and Federal agencies in administering regulations | The judiciary has the power to define property and privacy rights |
| The judiciary has the power to order social remedies validated by statutes and the Constitution | The Bill of Rights was passed to protect certain core values |
| The Federal courts are meant to be an intermediate body between the people and their legislature | The courts play an integral role in maintaining the rule of law |
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What You'll Learn
The preamble is not law, but an introduction to the highest law
The Preamble to the United States Constitution is an introductory statement that outlines the intentions and principles guiding the creation of the Constitution. It is not a legal text with binding force but serves as an important interpretive guide for understanding the Constitution's underlying philosophy and objectives. The Preamble sets the stage for the Constitution, providing a concise statement of the motivations and goals of its framers.
Written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention, the Preamble encapsulates the fundamental ideals that the Constitution seeks to uphold. It begins with the iconic phrase, "We the People of the United States," signifying that the Constitution derives its authority from the people and is established to serve their interests. This phrase has been interpreted to affirm the sovereignty of the national government, established by the people, and its role in governing and protecting "the people" directly as a unified society.
The Preamble goes on to outline six key objectives of the Constitution: forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty for present and future generations. These objectives provide a framework for interpreting the specific provisions within the Constitution and understanding the broader constitutional norms.
While the Preamble itself is not law, it plays a crucial role in shaping the interpretation and application of the Constitution. Courts often refer to the Preamble to understand the historical context, intent, and meaning of the Constitution. It guides judicial interpretation by providing insight into the Founders' perceptions of the legal system they were creating, particularly the interplay between changes and continuities from the British legal system.
In cases such as Ellis v. City of Grand Rapids, the Preamble's reference to "promoting the general welfare" was used to support the argument that the health and well-being of the people were central to the Founders' vision. Similarly, in Arizona State Legislature v. Arizona Independent Redistricting Commission, the Court invoked the Preamble's language about "providing for the common defence" to uphold a law criminalizing certain forms of material support to terrorist organizations.
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It communicates the intentions of the framers and the purpose of the document
The Preamble to the United States Constitution is an introductory statement of the Constitution's fundamental purposes and guiding principles. It communicates the intentions of the framers and the purpose of the document, and while it does not confer powers or rights, it is used to interpret the Constitution. The preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia.
The Preamble states:
> "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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."
The Preamble's statements of purpose do not grant powers or confer rights; the substantive provisions in the main body of the Constitution do that. For example, the Preamble's statement to "provide for the common defence" does not enlarge the powers of Congress to pass any measures they deem useful for the common defence. However, if one interpretation of a given power would promote the common defence, and another would defeat it, the former should be adopted.
Courts have used the Preamble to interpret the meaning of the Constitution. For example, in Ellis v. City of Grand Rapids, the City of Grand Rapids wanted to use eminent domain to force landowners to sell property in the city identified as "blighted". The court pointed to the Preamble's reference to "promot[ing] the general Welfare" as evidence that "the health of the people was in the minds of our forefathers". In another case, United States v. Kinnebrew Motor Co., the defendants were indicted for violating the National Industrial Recovery Act, which gave the President the authority to fix "the prices at which new cars may be sold". The court did not interpret the Preamble to give the government powers that were not articulated elsewhere in the Constitution.
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It establishes justice
The Preamble to the US Constitution, ratified in 1788, sets the tone for the document by stating its purpose as being, in part, to "establish Justice". This phrase signifies the intention to create a system of governance that promotes fair treatment and equality under the law, a cornerstone of justice.
The Constitution establishes the judiciary as an independent branch of government, playing a vital role in upholding justice. Article III of the Constitution establishes the federal judiciary, vesting the judicial power in the Supreme Court and other federal courts as Congress may establish. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. The Court has the power to strike down laws that are unconstitutional, ensuring that the principles of justice are upheld against potential abuses of power.
The Constitution's first ten amendments, known as the Bill of Rights, are crucial to achieving "justice for all". These amendments protect individual liberties and limit governmental power, thereby ensuring fairness. The Fourth Amendment, for example, protects against unreasonable searches and seizures, while the Fifth and Sixth Amendments guarantee rights that are fundamental to a fair trial, such as the right to due process. The amendment's Equal Protection Clause also prohibits states from denying any person within their jurisdiction the equal protection of the laws, helping to ensure that all individuals are treated equally in the eyes of the law.
The Supreme Court has often been tasked with interpreting what "establishing justice" means in various contexts and how it should be applied in practice. Landmark cases in which the Court has interpreted and applied this mandate include Marbury v. Madison, Wesberry v. Sanders, Plessy v. Ferguson, and Brown v. Board of Education. In Marbury v. Madison, the Court affirmed its power of judicial review, the power to declare laws unconstitutional, which is essential to ensuring that the government acts within the limits of the law.
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It promotes the general welfare
The United States Constitution contains two references to "the General Welfare", one in the Preamble and the other in the Taxing and Spending Clause. The General Welfare Clause, also known as the Spending Power Clause, does not grant Congress the power to create laws for the general welfare of the country. Instead, it allows Congress to spend federal money for the general welfare.
The General Welfare Clause is interpreted differently in different countries. In some countries, it has been used as a basis for legislation promoting the health, safety, morals, and well-being of the people governed by it. For example, the Constitution of the Philippines contains five references to the general welfare, including the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare.
In the United States, the Supreme Court has held that the mention of the General Welfare Clause in the Preamble "has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments." Instead, the Court evaluates Spending Clause legislation using three additional factors. First, spending must be in pursuit of the general welfare. This determination is largely left to Congress.
The mention of "general welfare" in the US Constitution is not unique. Other state constitutions, such as Alaska and Massachusetts, also include references to "general welfare." For example, Article VII of the Constitution of Alaska, titled "Health, Education, and Welfare," directs the legislature to "provide for the promotion and protection of public health" and "provide for public welfare."
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It secures the blessings of liberty
The Preamble to the US Constitution proclaims that a principal reason for establishing the federal government is to "secure the Blessings of Liberty to ourselves and our Posterity". The Constitution is a document that secures natural, God-given rights, outlining what they are and how the government can act in relation to them.
The blessings of liberty refer to the right to freedom of religion, freedom of speech, freedom of the press, and the right to vote. The right to bear arms is also considered a blessing of liberty, as it allows people to protect themselves from either a tyrannical government or local gangs.
The Constitution promotes the blessings of liberty by providing a framework for democratic government, effective governance, justice, freedom, and equality. It establishes a system of checks and balances to limit the power of the government and prevent it from abusing the people's rights. This is a continuous challenge, as the right mix of liberty and authority can be difficult to find and maintain.
The Framers of the Constitution believed that liberty was dependent on virtue and religion. For example, Benjamin Franklin stated, "only a virtuous people are capable of freedom," and George Washington recognised that "national morality" cannot "prevail in exclusion of religious principles." The Constitution, therefore, reflects a Calvinist theological perspective, with the understanding that freedom and religion are interdependent.
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Frequently asked questions
The Constitution promotes a more perfect union by establishing a stronger national government, uniting the thirteen self-governed states into a single nation.
The Constitution establishes justice by providing a framework for a stronger central authority to enforce laws and manage the country, ensuring fairness and equality under the law.
By creating a unified nation with a central government, the Constitution helps to maintain peace and order within the country, thus ensuring domestic tranquility.
The Constitution promotes the general welfare by granting Congress the power to lay and collect taxes, duties, imposts, and excises to fund initiatives that benefit the public, such as education, healthcare, and infrastructure.
The Constitution enables the federal government to raise and support an army, navy, and militia to protect the country from external threats and ensure the safety and security of its citizens.
