Eleanor Finch
The preamble to the US Constitution is an introductory statement that sets the tone and context for the document. It outlines the intentions of the framers and the purpose of the Constitution, which is 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. While it does not confer powers or rights, it guides the interpretation and application of the specific powers listed in the articles and amendments that follow. The Preamble has been referred to as the Enacting Clause, as it declares the adoption of the Constitution by We the People of the United States.
| Characteristics | Values |
|---|---|
| Purpose | To set the stage for the Constitution by communicating the intentions of its framers and the purpose of the document |
| Legal force | The preamble does not confer or delineate powers of the government or rights of citizens, but it does declare the enactment of the provisions that follow |
| Introductory function | It is an introduction to the highest law of the land, but it is not the law |
| Framers | It proclaims that the Constitution was established by "We the People of the United States" |
| Judicial reference | The Supreme Court has rarely cited the Preamble in its decisions, but it has been referenced in some of the most important cases interpreting the Constitution |
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What You'll Learn
- The preamble is an introduction to the highest law of the land
- It is not the law, but it does declare the enactment of the provisions that follow
- It communicates the intentions of the framers and the purpose of the document
- It proclaims who is adopting the constitution
- It has been referred to in Supreme Court cases interpreting the Constitution
The preamble is an introduction to the highest law of the land
The preamble to the US Constitution is an introductory statement that sets the tone and outlines the intentions of the document. It is not a law itself, but it introduces the highest law of the land. The preamble begins with the famous words, "We the People of the United States," proclaiming that the Constitution is established by the people of the nation. It describes the reasons behind the adoption of the Constitution, highlighting the purpose of creating a government that serves the needs of its citizens.
The preamble is a concise statement, consisting of only 52 words, yet it holds significant importance. It establishes the fundamental principles and values that underpin the entire Constitution. While it does not confer powers or define rights, it provides a framework for understanding the substantive provisions outlined in the main body of the Constitution. The preamble sets out six broad goals: 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.
The framers of the Constitution deliberately chose to include this introductory section, signalling the importance of a written constitution. The US Constitution, as a single authoritative text, differs from unwritten constitutions found in nations like Great Britain, which rely on established practices and traditions. By explicitly declaring the adoption of "this Constitution," the preamble underscores the binding nature of the document and its role as the supreme law of the land.
The preamble has been referred to as the “Enacting Clause” because it announces the enactment of the provisions that follow. While the Supreme Court has not frequently cited the preamble in its decisions, it does carry legal weight. In certain landmark cases, such as Chisholm v. Georgia and Martin v. Hunter's Lessee, the Court has referenced the preamble to interpret the Constitution and determine the respective powers of the federal government and the states.
In conclusion, the preamble serves as an essential introduction to the US Constitution, providing context, purpose, and a declaration of adoption. It sets the tone for the entire document and highlights the intentions of its framers. While not a law itself, the preamble is a critical component of the Constitution, influencing the interpretation and application of the laws that follow.
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It is not the law, but it does declare the enactment of the provisions that follow
The preamble to the US Constitution is an introductory statement that sets the stage for the document and communicates the intentions of its framers. It is not the law, but it does declare the enactment of the provisions that follow.
The preamble is often referred to as the "Enacting Clause" of the Constitution. It proclaims who is adopting the Constitution ("We the People of the United States"), why it is being adopted, and what is being adopted ("this Constitution"). The preamble introduces the Constitution's seven articles and twenty-seven amendments and outlines the purposes and goals that the document's provisions are meant to achieve.
While the preamble does not confer or delineate the powers of the government or the rights of citizens, it provides important context for interpreting the substantive articles and amendments that follow. The declared purposes in the preamble assist in understanding, interpreting, and applying the specific powers listed in the main body of the Constitution. For example, the preamble's reference to "establish[ing] Justice" is one of the six broad goals that were cited in the 1793 case Chisholm v. Georgia, where it was argued that the people, in establishing the Constitution, subjected the State of Georgia to the jurisdiction of federal courts.
The preamble has been referenced by the Supreme Court in some of the most important cases interpreting the Constitution, although the frequency of such references is rare. From 1825 to 1990, for instance, the Supreme Court cited the Preamble only twenty-four times, mostly in dissenting opinions. The Court has relied on the broad precepts of the preamble to confirm and reinforce its interpretation of other provisions within the document.
In conclusion, while the preamble to the US Constitution is not the law itself, it serves a crucial function by declaring the enactment of the provisions that follow and providing a framework for interpreting and understanding the rights, powers, and goals outlined in the Constitution.
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It communicates the intentions of the framers and the purpose of the document
The preamble to the US Constitution is an introductory statement that sets the stage for the rest of the document. It is not a part of the law itself and does not define government powers or individual rights. Instead, it communicates the intentions of the framers and the purpose of the document, providing context for the laws that follow.
The Preamble begins with the words, "We the People of the United States," proclaiming that it is the people who are adopting this Constitution. This is a significant departure from nations like Great Britain, where the "constitution" is an unwritten collection of traditions and practices. In contrast, the US Constitution is a single, written, authoritative text that serves as the fundamental law of the land.
The framers of the Constitution drafted the Preamble in six weeks during the summer of 1787. It outlines the purposes behind the enactment of the US government's charter. These purposes include 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 Preamble has been referred to as the "Enacting Clause" of the Constitution, as it declares the fact of its adoption by the people. While it does not grant powers or confer rights, it assists in understanding, interpreting, and applying the specific powers listed in the articles. The Supreme Court has rarely cited the Preamble directly in its decisions, but it does refer to the broad precepts of the introduction to reinforce its interpretation of other provisions within the Constitution.
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It proclaims who is adopting the constitution
The preamble of the US Constitution is an introductory statement that sets the stage for the Constitution and communicates the intentions of its framers. It proclaims that "We the People of the United States" are adopting this Constitution. This phrase, "We the People", is significant as it establishes that the Constitution is being enacted by the people of the nation. It conveys the idea of popular sovereignty, where the power to establish and shape the government originates from the people themselves.
The use of "We the People" in the preamble has had legal implications in several court cases. For example, in Chisholm v. Georgia (1793), members of the Court cited the Preamble, arguing that the "people" had established the Constitution, subjecting the State of Georgia to the jurisdiction of federal courts. Similarly, in Martin v. Hunter's Lessee, the Court relied on the Preamble to conclude that the Constitution permitted it to exercise appellate jurisdiction over the final judgments of a state's highest court when interpreting federal law.
The phrase "We the People" in the Preamble also underscores the unique nature of the US Constitution as a written document. Unlike nations with unwritten constitutions, such as Great Britain, the US Constitution is a single authoritative text that serves as the fundamental law of the land. This written constitutionalism was considered by the framing generation as the new nation's greatest contribution to the science of government.
While the Preamble does not confer powers or rights, it declares the enactment of the provisions that follow in the main body of the Constitution. It serves as an Enacting Clause, announcing the adoption of the Constitution once sufficient states had ratified it. The Preamble, therefore, plays a crucial role in proclaiming who is adopting the Constitution – the people of the United States.
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It has been referred to in Supreme Court cases interpreting the Constitution
The Preamble to the US Constitution is an introduction to the nation's highest law and communicates the intentions of its framers. It is not a law in itself and does not define government powers or individual rights. Instead, it sets the stage for the Constitution, proclaiming "We the People of the United States" as those adopting the Constitution, and describing the purposes and nature of the document.
While the Supreme Court has rarely cited the Preamble in its decisions, it has been referenced in some significant cases interpreting the Constitution. For example, in the early years of the Supreme Court, in Chisholm v. Georgia (1793), two Members of the Court cited the Preamble to argue that the "people," in establishing the Constitution, subjected the State of Georgia to the jurisdiction of the federal courts to achieve the six broad goals listed in the Preamble.
In another case, Martin v. Hunter's Lessee, the Court relied on the Preamble to conclude that the Constitution permitted it to exercise appellate jurisdiction over the final judgments of a state's highest court when adjudicating questions of federal law. The Court interpreted the Constitution as being established by the "people of the United States," who had a right to prohibit states from exercising powers incompatible with the "objects of the general compact."
In McCulloch v. Maryland, Chief Justice John Marshall quoted the Preamble when arguing for the supremacy of the law of the "people" over state laws. He upheld the constitutionality of a national bank, echoing the themes of the Preamble in his arguments.
While the Preamble may not have been directly cited as frequently, the Supreme Court continues to rely on its broad precepts to confirm and reinforce its interpretation of other provisions within the Constitution. For instance, in Arizona State Legislature v. Arizona Independent Redistricting Commission (2015), the Court held that Arizona's redistricting process, created by popular initiative rather than by an act of the state legislature, was constitutionally permissible.
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Frequently asked questions
The preamble to a constitution serves as an introduction to the document, outlining its purpose and intentions. It is not a law in itself but rather a statement of the goals and principles that the constitution aims to uphold.
No, the preamble does not confer or delineate any specific powers or rights. Instead, it sets the stage for the substantive articles and amendments that follow in the main body of the constitution, which outline the powers and rights.
While the preamble is not a direct source of legal authority, it has been referenced by courts and judges in interpreting the constitution. The broad principles outlined in the preamble can be used to understand, interpret, and apply the specific powers and provisions listed in the main body of the constitution.
