Malcolm Rivera
The Preamble to the United States Constitution, which begins with the words We the People, is a brief introductory statement outlining the Constitution's fundamental purposes and guiding principles. The Preamble was written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia. Morris, a lawyer from a New York landowning family, contributed significantly to the Constitution, including drafting its final version. The Preamble, unanimously approved by the delegates, did not specify the Constitution's objectives but emphasised the establishment of a supreme legislative, executive, and judiciary. The courts have referred to the Preamble as evidence of the Founding Fathers' intentions and the spirit of the Constitution.
| Characteristics | Values |
|---|---|
| Author | Gouverneur Morris |
| Date of signing | 1787 |
| Location | Independence Hall, Philadelphia |
| Number of colonies represented | 13 |
| First three words | We the People |
| Number of words | 52 |
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What You'll Learn
The Preamble's author, Gouverneur Morris
Gouverneur Morris, the author of the preamble to the US Constitution, was born on January 31, 1752, and died on November 6, 1816. He was an American statesman, a Founding Father of the United States, and a signatory to the Articles of Confederation and the US Constitution. Morris was a gifted scholar who enrolled at King's College (now Columbia University in New York City) at the age of 12 and graduated in 1768. He received a master's degree in 1771 and studied law with Judge William Smith, attaining admission to the bar in 1775. He came from a wealthy, aristocratic, and influential landowning family in what is now New York City. His father, Lewis Morris, was a wealthy landowner and judge, and his mother, Sarah Gouverneur, was from a Huguenot family. Morris's first name is derived from his mother's surname.
Morris was a delegate to the Continental Congress and the Constitutional Convention, where he gave more speeches than any other member. According to the National Archives, he made 173 speeches on the Convention floor. He was also one of the most outspoken opponents of slavery among those present at the Constitutional Congress. He argued that it was a "nefarious institution" and a "curse of heaven on the States where it prevailed." Morris was an ally of George Washington and others who favored a strong central government. He was appointed to the Committee of Style and Arrangement, which drafted the final language of the proposed constitution. Morris has been credited by most historians 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 idea of being a citizen of a single union of states rather than individual states.
The preamble, which serves as an introduction to the Constitution, was placed during the last days of the Constitutional Convention by the Committee on Style. It was not proposed or discussed on the floor of the convention beforehand. The initial wording of the preamble referred to the people of the various states, which was the norm at the time. Morris drafted the preamble, using powerful and succinct prose, one of his great gifts. He was an extraordinary orator, and his speeches at the Convention and in the Senate are well-known.
Morris also had a strong sense of civic duty, reflected in his work in the Continental Congress, his contributions to the Constitution, his time as minister to France during the Terror, and his service in the Senate. He represented New York in the United States Senate from 1800 to 1803 and was appointed assistant superintendent of finance of the United States, serving under Robert Morris. Morris kept a diary that chronicles the last two decades of his life, including his work as chair of the Erie Canal Commission and his battles with the Democratic-Republicans.
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The Preamble's purpose
The Preamble to the United States Constitution, commencing with the words "We the People", is an introductory statement outlining the Constitution's fundamental purposes and guiding principles. It was written by Gouverneur Morris, a delegate to the 1787 Constitutional Convention in Philadelphia, and the Committee on Style, which wrote the final draft. The Preamble was added to the Constitution during the Convention's final days.
The Preamble's origins predate the Constitutional Convention, as preambles to legal documents were commonplace at the time of the nation's founding. The Preamble to the Constitution borrowed ideas from the Articles of Confederation, which the Constitution ultimately replaced. Under the Articles, each state agreed to enter into a "league of friendship", ensuring a common defence of the Union or any other state. The Articles also declared themselves perpetual, like the Preamble does.
The Preamble serves as an introduction and does not assign powers to the federal government or provide specific limitations on government action. However, it is considered reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped to achieve. Courts have referred to it when interpreting the Constitution, using it to identify the "spirit" of the document and understand the motivations of its authors.
While the Supreme Court has interpreted the Preamble as legally insignificant, some Founders, such as James Monroe and Alexander Hamilton, disagreed. They believed the Preamble was essential, with Monroe calling it the "Key to the Constitution," and Hamilton arguing that the Bill of Rights was unnecessary due to the existence of the Preamble. The Preamble has also been referenced in court cases, such as the City of Grand Rapids' use of eminent domain, where it was cited as evidence of the Founding Fathers' intentions to promote the general welfare.
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The Preamble's legal significance
The Preamble to the United States Constitution is a concise and powerful statement that introduces the Constitution and sets out its guiding principles. While it is not a part of the original text that establishes the legal structure and powers of the government, the Preamble holds significant legal importance and has played a role in shaping constitutional interpretation and jurisprudence.
Legal scholars and judges have often turned to the Preamble to gain insight into the Framers' intent and the underlying values of the Constitution. As an interpretive tool, the Preamble helps clarify ambiguous provisions within the main body of the document. By outlining the purposes for which the Constitution was established, it provides context for interpreting the specific rights, powers, and structures detailed in the subsequent articles and amendments.
One of the key legal significance of the Preamble lies in its enumeration of the sources from which the Constitution derives its authority. The phrase "We the People of the United States" indicates that the Constitution's power stems from the sovereign authority of the people themselves. This democratic principle has been central to many legal arguments and has been invoked to support the expansion of individual rights and democratic participation.
The Preamble's statement of purpose, which includes establishing justice, insuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty, also carries legal weight. These objectives have been used to justify federal actions and the expansion of governmental powers, particularly in times of national crisis or when addressing issues not specifically contemplated by the Framers.
Additionally, the Preamble's reference to the "Union" has been significant in legal debates over federalism and states' rights. It emphasizes the creation of a "more perfect Union" than the one that existed under the Articles of Confederation, suggesting a stronger and more unified national government. This interpretation has had important implications for the balance of power between the states and the federal government.
While the Preamble itself does not create enforceable legal rights or duties, its influence on constitutional interpretation is undeniable. It serves as a reminder of the fundamental values and principles that underpin the entire constitutional framework, guiding judges and lawmakers in their interpretation of the Constitution's specific provisions.
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The Preamble's initial wording
The Preamble to the United States Constitution, starting with the words "We the People", is a concise introductory statement outlining the Constitution's fundamental purposes and guiding principles. The Preamble's initial wording, however, differed from the final version.
The first draft of the Preamble, released by the Committee of Detail on August 6, 1787, referred specifically to the people of individual states rather than the people of the United States as a whole. This initial wording stated: "We the People of the States of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare and establish the following Constitution for the Government of Ourselves and our Posterity."
This draft was passed unanimously by the delegates, but it did not specify the Constitution's objectives. The inclusion of all thirteen states in the Preamble was more of an aspiration than a realistic expectation, as it was uncertain which of the thirteen states would ultimately ratify the Constitution.
The final version of the Preamble, crafted by the Committee on Style and led by Gouverneur Morris of Pennsylvania, replaced specific state references with "We the People of the United States." This change reflected the understanding that the Constitution would come into effect for any nine states that approved it, regardless of whether the remaining states ratified it. The Preamble, placed in the Constitution during the final days of the 1787 Constitutional Convention, took on its familiar form: "We the People of the United States, in order 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, do ordain and establish this Constitution for the United States of America."
The Preamble's evolution from its initial wording to the final version demonstrates the framers' careful consideration and adaptation to the circumstances of the time. The change from listing individual states to referring to the people of the United States as a whole highlights the evolving nature of the Constitution and the challenges of forming a unified nation.
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The Preamble's role in interpreting the Constitution
The Preamble to the United States Constitution, commencing with the words "We the People", is a concise introductory statement outlining the Constitution's fundamental purposes and guiding principles. It was written by Gouverneur Morris, a delegate from Pennsylvania, during the 1787 Constitutional Convention held in Philadelphia's Independence Hall. The Preamble was added to the Constitution in its final days by the Committee on Style, which Morris chaired.
The Preamble plays a crucial role in interpreting the Constitution. It provides valuable insight into the intentions of the Founding Fathers, their motivations, and what they aspired to achieve through the Constitution. Courts have long been interested in interpreting the Constitution's meaning, and the Preamble serves as reliable evidence of the historical context, intent, and meaning of the document as understood by its authors. This is significant because courts often seek to comprehend a legal document from the perspective of its creators.
The Preamble's role in interpretation extends beyond its text. Courts have developed techniques to interpret statutes' meanings, and these techniques are applied to the Constitution as well. While some techniques focus on the exact wording, others take a broader approach, considering the "spirit" of the Constitution. This broader interpretation method aligns with the original understanding of the Preamble, which was seen as a tool to limit or expand the scope of specific terms in the Constitution to fulfil its stated purposes.
However, the modern judicial interpretation of the Preamble differs from its original meaning. Eighteenth-century Americans expected the Preamble to be used to ensure consistency between the Constitution's terms and the purposes outlined in the Preamble. This interpretation gap has been noted by scholars and judges who advocate for originalism, suggesting that a shift in interpretation methods may be necessary to align with the original understanding of the Constitution.
In conclusion, the Preamble to the United States Constitution serves as an introduction, setting out the aspirations and purposes of the document. Its role in interpreting the Constitution is significant, providing insight into the Founding Fathers' intentions and the historical context of the document. While courts have relied on the Preamble for interpretation, the original meaning of the Preamble and its intended function by the drafters differ from modern judicial interpretations, creating a tension that has prompted discussions among scholars and judges.
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Frequently asked questions
The preamble to the Constitution was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention. Morris was a lawyer from a New York landowning family who contributed significantly to the independence cause.
The preamble to the Constitution is a brief introductory statement outlining the Constitution's fundamental purposes and guiding principles. It begins with the words "We the People" and serves as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and their aspirations for it.
The preamble's origins predate the Constitutional Convention, as preambles to legal documents were commonplace at the time of the nation's founding. The initial draft of the preamble, released by the Committee of Detail on August 6, 1787, referred to the people of the various states, which was the norm at the time.
The preamble is significant because it provides insight into the Founding Fathers' intentions and the "spirit" of the Constitution. Courts and historians have referred to it as evidence of the Constitution's meaning, history, and intent. It has also played a role in shaping the dialogue around the American system of government.
