Isabella Carter
The United States Constitution is an act of We the People, representing a general social contract between the government and its citizens. The Preamble, added during the final days of the Constitutional Convention, sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. It begins with 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. This introductory paragraph outlines the basic principles and aspirations that We the People hold for our government and our way of life as a nation.
| Characteristics | Values |
|---|---|
| Introduction to the highest law of the land | Sets the stage for the Constitution |
| Written by | Committee on Style, led by Gouverneur Morris |
| Refers to | "We the People of the United States" |
| Purpose | To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty |
| Binding | Only in the United States of America |
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What You'll Learn
- The preamble is an introduction to the Constitution, setting out the intentions of its framers
- The preamble is not law, but it does declare the Constitution to be binding only in the US
- The preamble outlines six aspirations of We the People, including justice and general welfare
- The phrase People of the United States means nationals and citizens
- The preamble was added during the final days of the Constitutional Convention
The preamble is an introduction to the Constitution, setting out the intentions of its framers
The Preamble to the United States Constitution, which begins with the words "We the People", serves as an introduction to the Constitution, outlining the intentions of its framers. The Preamble was added to the Constitution during the final days of the Constitutional Convention by the Committee on Style, led by Gouverneur Morris. It was not discussed on the convention floor beforehand.
The Preamble is a concise statement that sets the tone for the entire document. It reads:
> "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."
This introductory statement communicates the purpose of the Constitution and the intentions of its framers. It establishes that the Constitution is an act of "We the People", representing a general social contract. The Preamble outlines six key objectives: 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 the people and their posterity.
The phrase "We the People" indicates that the Constitution was created by the citizens of the United States and is binding only within the country. This phrase has been interpreted to mean "nationals and citizens", encompassing all members of the political community. The Preamble, therefore, serves as a powerful reminder of the democratic principles upon which the United States was founded and the rights and responsibilities outlined in the Constitution.
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The preamble is not law, but it does declare the Constitution to be binding only in the US
The Preamble to the United States Constitution begins with the words, "We the People of the United States". This phrase has been interpreted to mean "nationals and citizens" of the United States. The Preamble was added to the Constitution during the final days of the Constitutional Convention by the Committee on Style, led by Gouverneur Morris. Importantly, the Preamble is not a law in itself, but rather an introduction to the highest law of the land—the Constitution. It sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document.
The Preamble has been used to confirm that the Constitution was created by and is binding only within the United States of America. This was demonstrated in the case of Casement v. Squier, where an American serviceman was convicted of murder in a US court in China during World War II. After being imprisoned in the state of Washington, he argued that he had been unconstitutionally tried without a jury. The Supreme Court held that, while the Preamble declares the Constitution to be created by the "People of the United States", this does not extend the constitutional right of trial by jury to Americans overseas.
The Preamble outlines several objectives, including establishing justice, insuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty for the people and their posterity. These objectives have been referenced in court cases to interpret and apply the Constitution. For example, in the case of Ellis v. City of Grand Rapids, the court pointed to the Preamble's reference to "promoting the general welfare" as evidence that the health and well-being of the people were important considerations for the founding fathers.
While the Preamble represents a general social contract between the people and the government, there are limits to individual citizens' ability to pursue legal claims arising from it. For instance, if a law violates the Constitution, only someone negatively affected by that law can challenge its constitutionality in court. This principle also applies to corporate entities. Courts will also not answer hypothetical questions about the constitutionality of statutes.
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The preamble outlines six aspirations of We the People, including justice and general welfare
The Preamble to the United States Constitution is a 52-word paragraph that outlines the aspirations of "We the People" and the purpose of the Constitution. It was added to the Constitution during the final days of the Constitutional Convention by the Committee on Style, led by Gouverneur Morris. The Preamble proclaims that the Constitution was created by "We the People" and outlines six aspirations:
- To form a more perfect Union: The emphasis on establishing a "Union" reflects the desire to create a successful government, uniting a group of states with diverse interests, laws, and cultures.
- Establish Justice: This refers to the aim of creating a fair and just society, where laws are enforced and disputes are resolved equitably.
- Insure domestic Tranquility: This aspiration focuses on ensuring peace and order within the nation, promoting harmony and stability.
- Provide for the common defence: The Constitution seeks to protect the nation from external threats and ensure the safety and security of its citizens.
- Promote the general Welfare: This aspiration highlights the goal of improving the well-being and quality of life for all citizens, including access to healthcare and other essential services.
- Secure the Blessings of Liberty: "We the People" aim to protect the freedoms and rights of citizens, ensuring they enjoy the benefits of liberty for themselves and their descendants.
These aspirations, as stated in the Preamble, represent the fundamental values and goals that guide the interpretation and application of the Constitution. They embody the expectations that "We the People" have for their government and their way of life as a nation.
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The phrase People of the United States means nationals and citizens
The United States Constitution is a social contract between the government and its citizens, starting with the words "We the People of the United States". The phrase "People of the United States" is understood to mean "nationals and citizens".
The interpretation of the phrase "We the People" has evolved over time, and it has been used to justify both inclusion and exclusion. The 14th Amendment and the birthright citizenship law recognise that anyone born in the country is a citizen, regardless of their parents' citizenship status. However, historically, the definition of "We the People" was used to exclude Native Americans, African Americans, and women from full citizenship.
The interpretation of "We the People" has been a topic of debate, with Susan B. Anthony, a women's suffrage leader, arguing that the words "persons, people, inhabitants, electors, citizens" are used interchangeably in the national and state constitutions. The Supreme Court's decision in the Dred Scott case in 1857, which ruled that African Americans had no rights that white people were bound to respect, exemplifies how the interpretation of "We the People" has been used to justify discrimination and prejudice.
In the context of the Constitution, the phrase "People of the United States" includes both nationals and citizens. Nationals are individuals born in or with ties to US territories, such as American Samoa and Swains Island. While all US citizens are considered nationals, not all nationals are citizens, and they do not hold the same rights and benefits. Nationals can obtain US passports with an endorsement stating their status as nationals, and they can live and work in the US without restrictions. They can also apply for naturalisation to become citizens, which is a straightforward process.
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The preamble was added during the final days of the Constitutional Convention
The Preamble to the United States Constitution, which contains the phrase "We the People", was added during the final days of the Constitutional Convention by the Committee on Style, led by Gouverneur Morris. It is worth noting that the preamble was not proposed or discussed on the convention floor beforehand. The initial wording of the preamble referred to the people of the various states, which was the norm in earlier documents, including the 1778 Treaty of Alliance with France, the Articles of Confederation, and the 1783 Treaty of Paris. The change to "We the People of the United States" was made out of necessity, as the Constitution provided that it would go into effect for any nine states that gave their approval, regardless of whether the remaining states ratified it.
The preamble serves as an introduction to the Constitution and clearly communicates the intentions of its framers. It establishes the purpose of the document without defining government powers or individual rights. The 52-word paragraph was drafted in six weeks during the hot Philadelphia summer of 1787. The preamble has been used to confirm that the Constitution was made for, and is binding only in, the United States of America.
While the preamble does not assign powers to the federal government or provide specific limitations on its actions, courts have shown interest in using it to interpret the Constitution's meaning and understand the history, intent, and spirit of the document. The preamble has been cited as evidence of the Founders' perceptions of the legal system created by the Constitution, particularly the interaction between what it changed and what it retained from the British legal system.
The phrase "We the People" in the preamble signifies that the Constitution is an act of the people. However, because it represents a general social contract, there are limits on individual citizens' ability to pursue legal claims arising from the Constitution. For instance, if a law violates the Constitution, only someone negatively affected by that law can challenge its constitutionality in court.
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Frequently asked questions
The American Constitution begins with the preamble, "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."
'We the People' is a phrase that sets the stage for the Constitution and communicates the intentions of the framers and the purpose of the document. It is an introduction to the highest law of the land and represents a general social contract.
The Committee on Style, led by Gouverneur Morris, wrote the final draft of the preamble, which includes the phrase "We the People".
