Malcolm Rivera
The Preamble to the United States Constitution, beginning with the words We the People, is an introductory statement of the Constitution's fundamental purposes and principles. The Preamble is 52 words long and was written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention in Philadelphia. It is not a law itself, but it does communicate the intentions of the framers and the purpose of the document. The Preamble is widely studied and debated, and it continues to be a source of inspiration and guidance for Americans.
| Characteristics | Values |
|---|---|
| Number of words | 52 |
| Author | Gouverneur Morris |
| Purpose | To introduce the intentions of the framers and the purpose of the document |
| Function | To declare who is enacting the Constitution |
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What You'll Learn
The Preamble's meaning and intent
The Preamble to the United States Constitution is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It begins with the words, "We the People", which has been interpreted to mean that the national government created by the Constitution derives its sovereignty from the people. This is a shift from the previous understanding of "United Colonies", which identified external monarchical sovereignty.
The Preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia. It was placed in the Constitution during the last days of the convention by the Committee on Style, which wrote its final draft. The Preamble has 52 words and its meaning and the original intent of the delegates are still widely studied and debated. One way to understand the writer's intent is to study the choices made during revisions, including which words were deleted and what was selected to replace them. The Constitution went through several drafts and reviews by committee.
The Preamble is useful for understanding the spirit of the Constitution and is often referred to by courts as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped to achieve. 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 of the people was in the minds of our forefathers".
The Preamble also serves to identify the reasons for and intent of the law. It is not judicially enforceable but is used to determine legislative intent when interpreting statutes. Courts will not interpret the Preamble to give the government powers that are not articulated elsewhere in the Constitution. For example, in United States v. Kinnebrew Motor Co., the defendants were indicted for a criminal violation of the National Industrial Recovery Act, which included a provision that purported to give the President the authority to fix "the prices at which new cars may be sold". The court ruled that the transaction in question did not constitute "interstate commerce" that Congress could regulate pursuant to the Commerce Clause.
Understanding the Preamble's Core Principles and Intentions
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The Founding Fathers' intentions
The Founding Fathers of the United States Constitution intended to create a document that would serve as the framework of the federal government, outlining its fundamental purposes and guiding principles. The Preamble, with its famous opening phrase, "We the People", is a clear statement of these intentions and the meaning the Founding Fathers hoped to convey.
The Founding Fathers intended to create a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty for themselves and their Posterity. These basic principles were agreed upon during the Constitutional Convention of 1787 in Philadelphia, a city well known for its free marketplace of ideas. The Founding Fathers recognised the importance of allowing a variety of viewpoints to be expressed and considered in the formation of their new government.
The Founding Fathers also wanted to protect the rights of the American people, as outlined in the Charters of Freedom, which include the Declaration of Independence, the Constitution, and the Bill of Rights. The Bill of Rights, in particular, defines the rights of citizens and states in relation to the government. Additionally, the Founding Fathers intended to maintain certain common law concepts, such as habeas corpus, trial by jury, and sovereign immunity, while also creating a new legal system that would interact with the existing British legal system.
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The role of Gouverneur Morris
The Preamble to the United States Constitution, which begins with the words "We the People", is a concise introductory statement outlining the Constitution's fundamental goals and guiding principles. The Preamble, comprising 52 words, was primarily authored by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention in Philadelphia.
Gouverneur Morris, a Founding Father of the United States, played a pivotal role in drafting the Preamble and shaping the Constitution. He has been dubbed the "Penman of the Constitution", reflecting his significant contributions to its wording and final polished form. Morris's influence extended beyond the Preamble, as he was actively involved in the Convention's discussions and committees. He was a strong advocate for a central government and played a crucial role in the Committee of Style and Arrangement, responsible for finalising the Constitution's language. Morris is credited with changing the preamble's opening line from "We, the People of the States" to "We, the People of the United States," reflecting his vision of a unified nation.
Morris's impact on the Constitution extended beyond words. He was a passionate opponent of slavery and gave a powerful speech against it at the Convention, stating that it was incongruous to consider a slave both a man and property. Additionally, he advocated for religious freedom, arguing for the inclusion of language protecting the right to practice one's chosen religion without interference. Morris also played a significant role in shaping the structure of the presidency, defending the need for a strong and energetic executive branch. He argued against limiting presidents to a single term and emphasised the president's role as the "guardian of the people," needing sufficient powers to counter legislative tyranny.
Morris's contributions to the Constitution were not without controversy. His exuberance and outspokenness, particularly his strong stance against slavery, drew criticism and made him unpopular in the South. Additionally, his predictions about the French Revolution were not well-received in France or America, leading to clandestine attacks by individuals who saw him as an obstacle to their interests. Despite these controversies, Morris left an indelible mark on the Constitution, and his words continue to shape the interpretation of the nation's founding document.
Following his role in the creation of the Constitution, Morris went on to serve as Minister to France and later as a Senator. He remained active in politics and contributed to various endeavours, including the construction of the Erie Canal and the development of New York's street grid. Morris's life and career exemplified his strong sense of civic duty, and his contributions to the United States extended beyond his role as the "Penman of the Constitution."
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The evolution of the Preamble
The Preamble to the United States Constitution is a concise and powerful statement introducing the document and the principles upon which the nation was founded. Comprising just 52 words, the Preamble sets out the intentions and ends of the Constitution, outlining the purposes for which the American people established their new government. Over time, the Preamble has taken on an iconic status, embodying the spirit and values of American democracy.
One of the key aspects of the Preamble's evolution is its emphasis on popular sovereignty. The opening words, "We the People," signify that the source of the government's power and legitimacy is derived from the people themselves. This was a significant departure from previous forms of government, where power was often vested in a monarch or a privileged class. By asserting popular sovereignty, the Preamble establishes the fundamental principle of democratic rule.
Another important element of the Preamble's evolution is its enumeration of the purposes and ends of the government. These include forming a more perfect union, establishing justice, insuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty. These ends reflect a careful balance between the need for a strong and effective government and the protection of individual liberties. By outlining these purposes, the Preamble provides a guiding framework for interpreting and applying the provisions of the Constitution.
The Preamble has also played a significant role in shaping constitutional interpretation and judicial review. Courts have often referred to the Preamble when interpreting ambiguous provisions of the Constitution, using it as a guide to discern the Framers' intent. The Preamble's broad principles, such as establishing justice and securing liberty, have influenced judicial decisions and helped shape the development of constitutional law.
In conclusion, the Preamble to the United States Constitution is more than just an introductory statement. Its 52 words encapsulate the core principles, values, and aspirations of the American nation. The evolution of the Preamble reflects the Founding Fathers' Enlightenment-influenced beliefs and their desire to create a government rooted in popular sovereignty and dedicated to securing the blessings of liberty. As an enduring statement of purpose, the Preamble continues to inspire and guide the interpretation and application of the Constitution in the present day.
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The Preamble's legal standing
The Preamble to the United States Constitution, commencing with the words "We the People", is an introductory statement outlining the Constitution's fundamental purposes and guiding principles. It was primarily written by Gouverneur Morris, a delegate from Pennsylvania, during the 1787 Constitutional Convention in Philadelphia.
The Preamble has played a relatively minor role in legal doctrine in the years following the Constitution's ratification. The Supreme Court has not attributed much direct legal weight to it, and it does not grant powers to the federal government or impose specific limitations on its actions. However, the Preamble has been influential outside the courtroom, embodying the American constitutional vision and shaping the national dialogue on the country's founding document.
Courts have referred to the Preamble as evidence of the Founding Fathers' intentions and the spirit of the Constitution. It helps interpret the document and understand the motivations behind its creation. For example, in Chisholm v. Georgia in 1793, two Members of the Court cited the Preamble, arguing that the people, by establishing the Constitution, subjected the State of Georgia to federal court jurisdiction to achieve the six broad goals outlined in the Preamble.
While the Preamble itself may not be dispositive in resolving specific legal disputes, the Supreme Court continues to draw on its broad principles to interpret and reinforce other provisions within the Constitution. For instance, in Arizona State Legislature v. Arizona Independent Redistricting Commission in 2015, the Court referenced the Preamble's language about "We the People" and "provide for the common defence" to support its rulings.
In conclusion, while the Preamble to the United States Constitution may not have a significant direct legal impact, it is crucial for interpreting the Constitution's intent and principles. It embodies the American constitutional vision and guides courts in their understanding and application of the document.
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Frequently asked questions
The preamble of the US Constitution contains 52 words.
The preamble is an introduction to the US Constitution, the country's highest law. It communicates the intentions of the framers and the purpose of the document.
The preamble contains several key phrases, including "We the People", "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".
The preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention in Philadelphia.
