Omar Bennett
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. It was written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia. The Preamble was placed in the Constitution during the last days of the Convention by the Committee on Style, with Gouverneur Morris leading the effort. The Preamble does not assign powers to the federal government or provide limitations on government action, but it is used by courts as evidence of the history, intent, and meaning of the Constitution as understood by the Founding Fathers.
| Characteristics | Values |
|---|---|
| Date written | Summer of 1787 |
| Writer | Governeur Morris |
| Purpose | To introduce the Constitution and explain its purpose |
| Nature | Not a law, does not assign powers to the federal government or provide specific limitations on government action |
| Location | Constitutional Convention in Philadelphia |
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What You'll Learn
The Preamble was written in 1787
The Preamble to the United States Constitution was written in 1787 by Gouverneur Morris, a Pennsylvania delegate to the Constitutional Convention held at Independence Hall in Philadelphia. Morris drafted much of the Constitution, and the Preamble was placed in the Constitution during the final days of the Convention by the Committee on Style, which wrote its final draft.
The Preamble was created to serve as an introduction to the Constitution and explain its purpose. It was not intended to create any additional powers for the government or define individual rights. Instead, it communicates the intentions of the framers and sets the stage for the Constitution, the highest law of the land.
The 52-word paragraph was drafted in six weeks during the hot Philadelphia summer of 1787. The Preamble's origins predate the Constitutional Convention, as preambles to legal documents were relatively commonplace at the time of the nation's founding. For example, the Declarations and Resolves of the First Continental Congress in 1774 included a preamble noting the many grievances the thirteen colonies held against British rule.
The Preamble to the United States Constitution has six broad purposes, all grounded in the historical experiences of being governed under the Articles of Confederation. It underscores that the American Constitution is a written and permanent document that would serve as a stable guide for the new nation. The form of government outlined by the Constitution is notably not mentioned in the Preamble.
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It was written by Gouverneur Morris
Gouverneur Morris, born on January 31, 1752, was an American Founding Father, a lawyer, and a member of one of New York's prominent Tory families. He was a delegate to the Continental Congress and the Constitutional Convention, and he played a significant role in shaping the core foundation of American government. Morris was an outspoken advocate for independence and a strong central government, and he worked closely with George Washington, serving as his trusted advisor and diplomatic envoy.
Morris is particularly known for his contributions to the Preamble of the United States Constitution. As a member of the Committee of Style and Arrangement, Morris was responsible for drafting the final language of the proposed constitution. He is credited with authorship of the final version of the Preamble, including changing the opening line from "We, the People of the States" to "We, the People of the United States." This change reflected his belief in a single union of states rather than multiple peoples of different states. Morris's version of the Preamble emphasized popular sovereignty, focusing on the people as the enactors of the Constitution.
Morris's talents extended beyond his political and diplomatic achievements. He was a gifted scholar, enrolling in King's College (now Columbia University) at the age of 12 and graduating in 1768 with a master's degree in 1771. He studied law and was admitted to the bar in 1775. Morris was also known for his oratorial skills, delivering 173 speeches during the Convention, more than any other member. His debating abilities were described as "exhaustive" by James Madison.
In addition to his work on the Preamble, Morris had a significant impact on the overall Constitution. He was one of the most outspoken opponents of slavery among those present at the Constitutional Convention. He also advocated for a strong national government, believing that a mere federal compact was insufficient to bind a nation. Morris's contributions to the American political system and his role in shaping the Constitution have earned him the title of the "Penman of the Constitution."
Morris's life and career were marked by his dedication to public service and his commitment to the American revolutionary cause. He served in various diplomatic and political roles, including as Minister to France during the French Revolution, as a senator from New York, and as the chair of the Erie Canal Commission. Morris's diaries, published in two volumes, offer valuable insights into his life and the historical events he witnessed, including the Newburgh Conspiracy.
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It introduces the US Constitution
The Preamble to the United States Constitution was written during the Constitutional Convention in the summer of 1787, mainly by Gouverneur Morris, a Pennsylvania delegate. The 52-word paragraph was drafted in six weeks in Philadelphia. The Preamble was placed in the Constitution during the final days of the convention by the Committee on Style, with Gouverneur Morris leading the effort.
The Preamble serves as an introduction to the US Constitution, setting out the intentions of its framers and the purpose of the document. It does not, however, assign any powers to the federal government or provide specific limitations on government action. The form of government outlined by the Constitution is notably not mentioned in the Preamble.
The Preamble's six broad purposes are all grounded in the historical experiences of being governed under the Articles of Confederation. The Preamble's conclusion that "this Constitution was established for ourselves and our Posterity" underscores that the American Constitution was a written and permanent document that would serve as a stable guide for the new nation. It also communicates the intention to substitute a government of the people for a confederacy of states.
The Preamble has figured into debates over the ratification of the Constitution. For example, Alexander Hamilton quoted the Preamble in The Federalist No. 84, arguing that it made a bill of rights unnecessary. The Preamble has also been used by courts to interpret the meaning of the Constitution. For instance, in 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".
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It doesn't define government powers
The Preamble to the United States Constitution was written during the 1787 Constitutional Convention held at Independence Hall in Philadelphia. It was drafted in six weeks by Gouverneur Morris, a Pennsylvania delegate, with the Committee on Style writing the final draft.
The Preamble does not define government powers or individual rights. Instead, it serves as an introduction to the Constitution, setting the stage for the document and communicating the intentions of its framers. It is not the law itself, but an aspirational statement that sets out the hopes of "We the People" for the government and the nation.
The Preamble states that the Constitution was established 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 this provides a broad framework for the government, it does not assign specific powers or limitations on government action.
Courts have recognised that the Preamble cannot be used to give the government powers that are not explicitly articulated elsewhere in the Constitution. For example, in United States v. Kinnebrew Motor Co., the court dismissed the argument that the Preamble's reference to "promoting the general Welfare" allowed Congress to regulate certain transactions during the Great Depression. The court insisted that the relevant issue was whether the transaction in question constituted "interstate commerce" under the Commerce Clause.
The Preamble's reference to the "United States of America" has been interpreted to explain the nature of the governmental entity created by the Constitution, namely the federal government. This interpretation has been used to support the position that the federal government holds all the usual powers of a sovereign government, even if they are not explicitly delegated to it in the Constitution. However, the Preamble itself does not assign these powers.
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It has been used in court cases
The Preamble to the United States Constitution serves as an introduction to the document, outlining its purpose and intentions. While it does not assign powers to the federal government or limit its actions, the Preamble has been referenced in court cases to interpret the Constitution's meaning and understand the "spirit" of the document.
For example, in the case of Ellis v. City of Grand Rapids, the court interpreted the Preamble's reference to "promot[ing] the general Welfare" as supporting the argument for public use in a case involving eminent domain. The City of Grand Rapids wanted to use eminent domain to force landowners to sell property in a "blighted" area to St. Mary's Hospital, a Catholic organisation, for development. The court's interpretation of the Preamble influenced its decision, demonstrating how the Preamble can impact case outcomes.
In another case, United States v. Kinnebrew Motor Co., the Preamble was discussed in relation to the government's powers during the Great Depression. The defendants, a car manufacturer and dealership, were indicted for violating the National Industrial Recovery Act by selling a car at a price below the fixed rate. The government argued that the Preamble's mention of "promote the general Welfare" allowed Congress to regulate such transactions during a national emergency. However, the court dismissed this argument, focusing instead on whether the transaction constituted "interstate commerce" under the Commerce Clause.
The Preamble has also been used to confirm the territorial scope of the Constitution. In Casement v. Squier, a serviceman convicted of murder in China during World War II challenged his trial, arguing he should have had the constitutional right to a jury trial. The Supreme Court held that since the Preamble declares the Constitution was created by the "People of the United States", it applies only within the jurisdiction of the United States, and the serviceman was not entitled to a jury trial overseas.
While the Preamble is not directly enforceable in court, it assists in interpreting the Constitution's powers and purposes. The Preamble to the Indian Constitution, for example, has been recognised by the Supreme Court of India as part of the "Basic Structure" of the Constitution, influencing the interpretation of ambiguous areas. This was evident in the 1973 Kesavananda case, where the Supreme Court overruled its earlier decision and acknowledged the Preamble's role in interpreting the Constitution.
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Frequently asked questions
The Preamble to the United States Constitution was written in 1787 by Gouverneur Morris, a Pennsylvania delegate to the Constitutional Convention held at Independence Hall in Philadelphia.
The preamble is an introduction to the US Constitution that outlines the intentions of the framers and the fundamental purposes of the document. It is not the law and does not define government powers or individual rights.
The preamble's origins predate the Constitutional Convention. Preambles to legal documents were commonplace at the time of the nation's founding. The British Parliament included preambles in several English laws that undergird American understandings of constitutional rights, such as the Petition of Rights of 1628 and the Bill of Rights of 1689.
Courts have referred to the preamble as evidence of the Founding Fathers' intentions and the meaning of 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 of the people was a priority for the Constitution's authors.
