Simone Lawson
The Preamble of the United States Constitution is more than just an introduction. It is the provision that declares the enactment of this Constitution by We the People of the United States. The Preamble does not confer powers or rights, but it does have significant implications for how the Constitution is to be interpreted and applied, and who has the power of constitutional interpretation. The first 52 words of the Constitution introduce the articles and amendments that follow, including the seven articles that make up the structural constitution and the 27 amendments that have been made since.
| Characteristics | Values |
|---|---|
| Declaration | The Preamble declares the enactment of "this Constitution" by "We the People of the United States" |
| Interpretation | The Preamble specifies the purposes for which the Constitution has been enacted, influencing the direction in which specific provisions should be interpreted |
| Structure | The Preamble introduces the articles and amendments that follow |
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What You'll Learn
- The Preamble specifies that what is being enacted is this Constitution
- The Preamble does not confer powers or rights
- The Preamble affects how the Constitution is to be interpreted and applied
- The Preamble introduces the articles and amendments that follow
- The Preamble establishes the three branches of government and their powers
The Preamble specifies that what is being enacted is this Constitution
The Preamble of the United States Constitution is more than just an introduction. It is the provision that declares the enactment of "this Constitution" by "We the People of the United States". The Preamble does not confer powers or rights, but it does have significant implications for how the Constitution is to be interpreted and applied. It also affects who has the power of constitutional interpretation, which are the two biggest overall questions of Constitutional Law.
The Preamble's first phrase, "We the People of the United States", unmistakably refers to the written document itself. The phrase is significant because it introduces the articles and amendments that follow. The seven articles that make up the structural constitution describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant.
The Preamble also states the purposes for which the Constitution has been enacted, which might be thought to exert a gentle interpretive "push" as to the direction in which a specific provision of the Constitution should be interpreted in a close case. As Justice Joseph Story put it in his 1833 treatise on the Constitution, using the example of the Preamble's phrase to "provide for the common defence": "No one can doubt, that this does not enlarge the powers of congress to pass any measures, which they may deem useful for the common defence."
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The Preamble does not confer powers or rights
The Preamble to the US Constitution is more than just an introduction. It is the provision that declares the enactment of "this Constitution" by "We the People of the United States". While the Preamble does not confer powers or rights, it has significant implications for how the Constitution is to be interpreted and applied. It also has implications for who has the power of constitutional interpretation—the two biggest overall questions of Constitutional Law.
The Preamble specifies that what is being enacted is "this Constitution"—a term that unmistakably refers to the written document itself. The Preamble also states the purposes for which the Constitution has been enacted, which may influence the direction in which a specific provision of the Constitution should be interpreted in a close case. For example, the Preamble's phrase to "provide for the common defence" does not enlarge the powers of Congress to pass any measures they deem useful for the common defence.
The Preamble is followed by seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant.
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The Preamble affects how the Constitution is to be interpreted and applied
The Preamble to the US Constitution, or 'Enacting Clause', is significant in how it affects the interpretation and application of the Constitution. The Preamble specifies that what is being enacted is "this Constitution", a term that refers to the written document itself. It also states the purposes for which the Constitution has been enacted, which may influence the direction in which a specific provision of the Constitution should be interpreted.
While the Preamble does not confer powers or rights, the provisions that follow should be interpreted in a way that is consistent with the purposes for which they were enacted. For example, the Preamble's phrase to "provide for the common defence" does not enlarge the powers of Congress to pass any measures they deem useful for the common defence.
The Preamble also has implications for who has the power of constitutional interpretation, which is one of the biggest questions of Constitutional Law. The seven articles that make up the structural constitution describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system).
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The Preamble introduces the articles and amendments that follow
The Preamble to the United States Constitution is more than just an introduction. It is the provision that declares the enactment of "this Constitution" by "We the People of the United States". The Preamble specifies that what is being enacted is "this Constitution", a term that unmistakably refers to the written document itself. The Preamble also states the purposes for which the Constitution has been enacted, which has important consequences for constitutional interpretation. While the Preamble does not confer powers or rights, the provisions that follow should be interpreted in a fashion consistent with the purposes for which they were enacted.
The Preamble introduces the seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant. Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.
The Preamble also introduces the amendments that follow the articles. There have been 27 amendments to the Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
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The Preamble establishes the three branches of government and their powers
The Preamble of the US Constitution, also known as the 'Enacting Clause', is a significant part of the document. It establishes the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (the office of the President) and the Judicial Branch (the Federal Court System). The Preamble specifies that what is being enacted is "this Constitution", a term that refers to the written document itself. It also states the purposes for which the Constitution has been enacted, which can influence how specific provisions of the Constitution are interpreted.
The Preamble does not confer powers or rights, but it does have important implications for how the Constitution is interpreted and applied, and who has the power of constitutional interpretation. These are the two biggest overall questions of Constitutional Law.
The Preamble is made up of the first 52 words of the Constitution, which introduce the articles and amendments that follow. There are seven articles in total, which describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers, while the remaining four describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.
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Frequently asked questions
The first phrase of the Constitution is "We the People of the United States".
The first phrase of the Constitution sets the stage for the document, communicating the intentions of the framers and the purpose of the document. It establishes that the Constitution is for the people of the United States and that it aims to form a more perfect union, establish justice, and secure the blessings of liberty.
There have been 27 amendments to the Constitution since its creation, beginning with the Bill of Rights, which included the first 10 amendments and was ratified on December 15, 1791.
