Eleanor Finch
The Preamble to the United States Constitution begins with the famous phrase We the People. The preamble was written by Gouverneur Morris, a delegate from Pennsylvania, during the 1787 Constitutional Convention in Philadelphia. It serves as an introduction to the Constitution, communicating the intentions of its framers and the purpose of the document. While it does not confer powers or rights, the preamble sets the stage for the Constitution, introducing its seven articles and twenty-seven amendments.
| Characteristics | Values |
|---|---|
| Phrase | We the People |
| Purpose | To set the stage for the Constitution |
| Word Count | 52 |
| Author | Gouverneur Morris |
| Written | 1787 |
| Location | Independence Hall, Philadelphia |
| Spelling | Uses "defence" instead of "defense" |
| Interpretation | Affirms that the national government derives its sovereignty from the people |
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What You'll Learn
The phrase We the People
The phrase "We the People" is the opening phrase of the Preamble to the United States Constitution. It is a brief introductory statement outlining the Constitution's fundamental purposes and guiding principles. The Preamble, written primarily by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention, was added to the Constitution during the convention's final days by the Committee on Style, which produced the final draft.
The phrase "We the People" has been interpreted as affirming that the national government established by the Constitution derives its sovereignty from the people. This interpretation contrasts with the "United Colonies," which recognised external monarchical sovereignty. The Preamble's use of "We the People" indicates that the government under the Constitution was intended to govern and protect "the people" directly as one society, rather than governing only the states as political units. The courts have understood this language to mean that the sovereignty of the government under the U.S. Constitution supersedes that of the individual states.
The phrase has also been construed to mean "nationals and citizens," implying that non-citizens are excluded. Additionally, it has been interpreted to support the federal supremacy clause and demonstrate that state nullification of federal law, dissolution of the Union, or secession are not contemplated by the Constitution.
The specific wording of "We the People" in the Preamble was a departure from earlier documents, which referred to the people of various states rather than the people of the United States as a whole. The change was necessary as the Constitution provided that it would come into effect for any nine states that gave their approval, regardless of whether the remaining states ratified it or not.
The phrase "We the People" has been subject to debate throughout American history, particularly regarding who is included and excluded from this collective "We." Despite the inclusive language, the benefits of citizenship have been unequally distributed, with women, African Americans, and Native Americans historically excluded from the full rights of citizenship.
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The intentions of the Founding Fathers
The phrase "We the People" begins the preamble to the Constitution of the United States of America. This phrase sets the tone for the intentions of the Founding Fathers, who sought to establish a democratic system of government based on the principles of equality and majority rule.
The Founding Fathers, meeting at the Philadelphia Convention in 1787, discussed the need for a new constitution to replace the Articles of Confederation and address the federal government's inability to protect the rights and property of citizens. They witnessed the dangers that popular democracy posed to the stability of the nation and sought to limit the political power of the masses, especially the uneducated majority. In their private discussions, the Founding Fathers, who were all members of the economic elite, expressed concerns about oppressive majority rule by common people, aiming to protect their wealth and property.
However, in public documents, most of the Founding Fathers advocated for an inclusive democracy with majority rule. They used rhetoric, including cries for democracy and majority rule, to garner public support during the American Revolution. Thomas Jefferson, for example, wrote in the Declaration of Independence that the American government would derive its "powers from the consent of the governed." This reflected the ideal that all power would be "derived from the People," as George Mason stated in his Virginia Declaration of Rights in 1776.
The Founding Fathers crafted the Constitution as a practical blueprint for a functional government, establishing strong national institutions like the presidency, Congress, and judiciary. They intended to create a separation of powers, with the legislative, executive, and judicial branches each having distinct roles and responsibilities. This ensured that no one branch of government could accumulate more power than the others.
The Founding Fathers' legacy reflects both noble aspirations and practical considerations for establishing a functional republic. They intentionally avoided establishing a state-sanctioned religion, emphasizing religious freedom instead. The interpretation of their intentions continues to shape constitutional law, with ongoing debates between Originalism (adhering to the original intent) and Living Constitutionalism (allowing for evolving interpretations).
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The federal government's sovereignty
The Preamble to the United States Constitution begins with the phrase "We the People". This phrase has been interpreted as affirming the national government's sovereignty, derived from the people. It signifies a shift from "United Colonies", which indicated external monarchical sovereignty, to a government intended to govern and protect "the people" directly as one society.
The Preamble, written primarily by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention, serves as an introduction to the Constitution and outlines its fundamental purposes and guiding principles. While it does not assign powers to the federal government or limit its actions, it expresses the intentions of the Founding Fathers regarding the meaning and purpose of the Constitution.
The phrase "We the People" in the Preamble has been interpreted to mean "nationals and citizens", excluding non-citizens. It has been construed as "all under the sovereign jurisdiction and authority of the United States". This interpretation underscores the concept of popular sovereignty, where the people are the source of the government's authority and its power is derived from the consent of the governed.
The Preamble's reference to "the People" has been linked to the Tenth Amendment, which reserves powers to the people as a separate sovereign entity. This interpretation emphasizes the rights retained by the people to amend the Constitution outside of Article V.
While the federal government is recognized as sovereign with supreme power over matters within its control, the American constitutional system also acknowledges "State sovereignty". Certain issues, such as the administration of criminal justice, are susceptible to government regulation but only at the state level. This concurrent exercise of power by the federal and state governments adds complexity to the dynamics of sovereignty in the United States constitutional framework.
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State sovereignty
The Preamble to the United States Constitution begins with the words "We the People". It is a brief statement that outlines the fundamental purposes and principles of the Constitution. The Preamble was written primarily by Gouverneur Morris, a delegate from Pennsylvania at the 1787 Constitutional Convention in Philadelphia.
The phrase "We the People" is significant as it affirms that the sovereignty of the government established by the Constitution derives from the people. This is a departure from the previous understanding of sovereignty under the "United Colonies", which recognised external monarchical sovereignty. The new wording indicated that the government under the Constitution was intended to govern and protect "the people" directly, rather than governing only the states as political units.
While the federal government is recognised as sovereign and holds supreme power within its domain, the American constitutional system also acknowledges the concept of "state sovereignty". This means that certain matters are subject to government regulation, but only at the state level and not by the federal government. For example, while the federal government handles crimes against the nation (such as treason), the administration of criminal justice generally falls under the jurisdiction of individual states.
The Tenth Amendment to the Constitution is often cited in discussions of state sovereignty. It states that Congress may not exercise its power in a way that impairs the states' integrity or their ability to function effectively within the federal system. This amendment has been interpreted as a constraint on federal power, protecting the states' sovereignty and independence.
In summary, the phrase "We the People" in the Preamble to the US Constitution affirms the principle of popular sovereignty, indicating that the government's power is derived from the people. At the same time, the American constitutional system recognises state sovereignty, allowing certain matters to be regulated by individual states rather than the federal government. The Tenth Amendment further safeguards state sovereignty by limiting federal power over the states.
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The interpretation of People of the United States
The United States Constitution is a document that outlines the framework of the US government and the rights of its citizens. The Constitution has been amended 27 times since it was ratified in 1788, with the first ten amendments known as the Bill of Rights. The Preamble to the Constitution, which begins with the phrase "We the People," is an introductory statement that outlines the fundamental purposes and guiding principles of the document.
The phrase "We the People of the United States" in the Preamble has been interpreted in various ways. One interpretation is that it affirms that the national government created by the Constitution derives its sovereignty from the people. This is in contrast to the "United Colonies," which identified external monarchical sovereignty. The Preamble also confirms that the government under the Constitution was intended to govern and protect "the people" directly, as one society, rather than governing only the states as political units.
The phrase "People of the United States" has also been understood to refer to "'nationals and citizens,' excluding non-citizens. It has been construed to mean "all under the sovereign jurisdiction and authority of the United States." Additionally, the Preamble has been interpreted to support the federal supremacy clause and to demonstrate that state nullification of federal law, dissolution of the Union, or secession are not contemplated by the Constitution.
The interpretation of "We the People of the United States" has important implications for understanding the relationship between the federal government and the states, as well as the rights and protections afforded to citizens under the Constitution. The Preamble, written by Gouverneur Morris, sets the tone for the rest of the Constitution and provides insight into the Founding Fathers' intentions and hopes for the nation.
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