Malcolm Rivera
The preamble to the United States Constitution, which begins with the words We the People, is an introductory statement of the Constitution's fundamental purposes and guiding principles. It declares who is adopting the Constitution, why it is being adopted, and what the Founding Fathers intended for it to achieve. The preamble does not assign powers to the federal government or provide specific limitations on government action, but it does set the stage for the rest of the Constitution and is sometimes referred to as the Enacting Clause.
| Characteristics | Values |
|---|---|
| Purpose | To set the stage for the Constitution and communicate the intentions of the framers |
| Legal force | The preamble is not the law, but it does declare the enactment of the provisions that follow |
| Who is enacting the Constitution | The people of the United States |
| Ownership | The people, not the government |
| Scope | Binding only in the United States of America |
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What You'll Learn
- The preamble is an introduction to the US Constitution, setting the intentions of its framers
- It is not law, but it does declare the enactment of the provisions that follow
- The preamble confirms the Constitution is binding only in the United States of America
- It communicates the spirit of the Constitution, aiding interpretation
- The preamble declares the Constitution is owned by the people, not the government
The preamble is an introduction to the US Constitution, setting the intentions of its framers
The preamble to the US Constitution is an introductory statement that sets out the intentions of its framers and the fundamental purposes and guiding principles of the document. It is not a source of legal power or a definer of government powers and individual rights, but it does serve as evidence of the Founding Fathers' intentions and what they hoped to achieve. The preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention in Philadelphia.
The preamble begins with the words, "We the People of the United States", which was chosen by the Committee of Style over "We the People of the States". This was a practical decision as it was unclear how many states would ratify the proposed constitution, and also because it was decided that the Constitution would be enacted by the people of the United States, not by the government or any branch thereof. The people remain the stewards of the Constitution and are ultimately responsible for its continued existence and interpretation.
The preamble outlines six intentions: 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 to ourselves and our Posterity. These aspirations are held by "We the People" for their government and way of life as a nation.
The preamble is also referred to as the "Enacting Clause" of the Constitution, as it declares the fact of its adoption and enactment by the people. It is a written introduction to a written constitution, which sets the US apart from nations like Great Britain, whose constitution is a looser collection of written and unwritten traditions.
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It is not law, but it does declare the enactment of the provisions that follow
The Preamble to the United States Constitution is an introductory statement of the Constitution's fundamental purposes and guiding principles. It is not a law in itself, but it does declare the enactment of the provisions that follow. The Preamble, which begins with the words "We the People", sets out the aspirations and intentions of the Founding Fathers regarding the Constitution's meaning and what they hoped to achieve.
The Preamble proclaims who is adopting the Constitution, namely "We the People of the United States", and describes why it is being adopted, or the purposes behind the enactment of America's charter of government. It is a collective enactment of all US citizens, "owned" by the people rather than the government or any branch thereof. The people of the United States are the stewards of the Constitution and are ultimately responsible for its continued existence and faithful interpretation.
The Preamble has been referred to as the "Enacting Clause" of the Constitution, as it declares the fact of its adoption once sufficient states had ratified it. The initial wording of the Preamble referred to the people of the various states, but this was changed out of necessity as it was unclear how many states would ratify the proposed Constitution. The phrase "We the People of the United States" was chosen by the Committee of Style to represent all citizens, regardless of the number of states that ultimately ratified the document.
The Preamble has been used by courts as evidence of the history, intent, and meaning of the Constitution as it was understood by the Founding Fathers. While it does not define government powers or individual rights, it provides context for interpreting the specific powers listed in the articles and assists in understanding, interpreting, and applying those powers faithfully. The Preamble, therefore, serves as an important guide for interpreting the Constitution and ensuring that it is implemented in a manner consistent with its original purposes.
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The preamble confirms the Constitution is binding only in the United States of America
The Preamble to the United States Constitution is an introductory statement of the Constitution's fundamental purposes and guiding principles. It is not a law in itself, but it does declare the enactment and adoption of the Constitution. The Preamble confirms that the Constitution is the collective enactment of all US citizens, and it is "owned" by the people, not the government.
The Preamble has been referred to as the "Enacting Clause" of the Constitution, as it establishes the fact of the Constitution's adoption. The Preamble also declares who is enacting the Constitution—the people of the United States. The use of the phrase "We the People of the United States" is significant as it indicates that the Constitution is owned and enacted by the people, not by individual states or the government. This phrase was chosen by the Committee of Style, as it was unclear how many states would ratify the Constitution, and the Constitution would come into effect once nine of the thirteen states had ratified it.
The Preamble has been used to confirm that the Constitution is binding only in the United States of America. This was demonstrated in the case of Casement v. Squier, where a serviceman was convicted of murder in a US Court in China. The Supreme Court held that, as the trial was conducted by an American court and was fair by American standards, the serviceman was not entitled to the specific constitutional right of trial by jury while overseas.
The Preamble sets out the aspirations that "We the People" have for the government and the nation. It communicates the intentions of the framers and the purpose of the document, providing an introduction to the highest law of the land. While it does not define government powers or individual rights, it outlines objectives such as establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty for the people and their posterity.
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It communicates the spirit of the Constitution, aiding interpretation
The preamble to the US 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, setting the stage for the Constitution.
The preamble begins with the words, "We the People of the United States", indicating that the Constitution is the collective enactment of all US citizens. This phrasing was chosen by the Committee of Style, as it was unclear how many states would ratify the Constitution, and so a simple solution was to refer to the "people of the United States". This also highlights that the Constitution is "owned" by the people, not the government.
The preamble outlines the aspirations of "We the People" for their government and way of life as a nation. It expresses the desire 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 for all. These objectives provide an interpretation of the Constitution's meaning and what its drafters hoped to achieve.
Courts have referred to the preamble as evidence of the Founding Fathers' intentions and the meaning they attributed to the Constitution. It is useful in understanding the spirit of the Constitution and interpreting its provisions. The preamble does not confer powers or rights, but the declared purposes assist in understanding and applying the specific powers listed in the articles, ensuring interpretation remains faithful to the Constitution's purposes.
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The preamble declares the Constitution is owned by the people, not the government
The Preamble to the United States Constitution is a brief introductory statement that outlines the fundamental purposes and guiding principles of the Constitution. It famously begins with the words, "We the People", declaring that the Constitution is enacted and owned by the people of the United States, not the government. This phrasing was chosen by the "Committee of Style" during the 1787 Constitutional Convention in Philadelphia.
The Preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. It does not, however, define government powers or individual rights. Instead, it introduces the highest law of the land without assigning powers to the federal government or providing specific limitations on government action. The Preamble has been referred to as the “Enacting Clause” of the Constitution, declaring the fact of its adoption by the people.
The phrase "We the People" is significant as it proclaims who is adopting the Constitution and why. It represents a shift from earlier documents that referred to the "people of the various states". The change was made because the Constitution provided that it would go into effect once sufficient states had ratified it, regardless of whether any remaining states ratified. By using the phrase "We the People", the framers acknowledged the collective enactment of the Constitution by all US citizens.
Courts have referred to the Preamble as evidence of the Founding Fathers' intentions, helping to interpret the meaning and spirit of the Constitution. While it is not the sole basis for constitutional decisions, it assists in understanding and applying the specific powers listed in the articles. The Preamble, therefore, serves as a crucial declaration of the people's ownership and stewardship of the Constitution, guiding its interpretation and application.
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Frequently asked questions
The preamble of the United States Constitution is an introductory statement that outlines the fundamental purposes and guiding principles of the Constitution. It is not a law itself but sets the stage for the Constitution by communicating the intentions of its framers.
The preamble declares who is enacting the Constitution—the people of the United States. It proclaims that "We the People" are the stewards of the Constitution and are responsible for its interpretation and continued existence. It also sets out the aspirations that "We the People" have for the government and the nation.
The preamble is necessary because it provides context and guidance for interpreting the Constitution. It helps us understand the intentions and motivations of its framers, and it declares the fact of the Constitution's adoption. The preamble has been referred to as the "Enacting Clause" of the Constitution.
