Isabella Carter
The Preamble to the US Constitution was written by Gouverneur Morris, a statesman from Pennsylvania, during the Constitutional Convention in Philadelphia in 1787. Morris, who drafted much of the rest of the Constitution, wrote the Preamble to introduce the Constitution and explain its purpose. The Preamble, which includes the celebrated phrase We the People of the United States, was not intended to create any additional powers for the government or confer rights to those subject to federal authority. Instead, it serves as a foundation for the text that follows, providing Americans with an understanding of why the Constitution was created and its underlying principles.
| Characteristics | Values |
|---|---|
| Author | Gouverneur Morris |
| Role in the creation of the preamble | Led the Committee on Style that wrote the final draft of the preamble |
| Other roles | Chair of the Erie Canal Commission |
| Nature of the preamble | Serves as an introduction to the Constitution and explains its purpose |
| Preamble's legal significance | Does not assign powers to the federal government, nor does it provide specific limitations on government action |
| Preamble's role | Ensures future Americans know why the Constitution was created and its underlying principles |
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What You'll Learn
The Committee of Style led by Gouverneur Morris
The Committee of Style, also known as the Committee of Style and Arrangement, was a five-member committee that was tasked with drafting the final language of the proposed US Constitution. The committee was chaired by William Samuel Johnson, and Gouverneur Morris of Pennsylvania was chosen to be the committee's "amanuensis", or drafter. Morris, a Founding Father of the United States, was a logical choice for the role, having spoken more often at the convention than any other delegate. He was also one of the few delegates who openly opposed slavery.
The Committee of Style was appointed during the final days of the Constitutional Convention to prepare a final Constitution from the textual provisions that had already been adopted. Morris's draft, with few revisions and little debate, was hurriedly adopted by the convention. It has been speculated that Morris covertly made changes to the text to advance his constitutional vision, but legal scholars and historians have either dismissed this possibility or concluded that Morris was an honest scrivener.
Morris is generally acknowledged to be the author of the Preamble to the US Constitution, as the language used echoes that of his home state's 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 Morris's idea of being a citizen of a single union of states, rather than individual states, which was the norm at the time.
Morris also made other significant contributions to the structure of the Constitution. He envisioned three co-equal branches of the national government, which he conveyed through the now-familiar framework of Article I (Congress), Article II (Executive), and Article III (Judiciary). This basic structure is now considered a core element of the Constitution. Additionally, Morris created the basis for the Federalist reading of the Constitution, and Federalists drew on the language he crafted to fight for their vision.
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The Preamble's author is disputed
The Preamble to the US Constitution is a 52-word paragraph that introduces the Constitution and explains its purpose. It was placed in the Constitution during the last days of the Constitutional Convention by the Committee on Style, which wrote its final draft, with Gouverneur Morris leading the effort. Morris, a statesman and a Federalist, is generally acknowledged as the author of the Preamble. This is because the language in the federal preamble echoes that of his home state's constitution.
However, there is some dispute over the authorship of the Preamble. While Morris is credited with writing the Preamble and drafting the final version of the Constitution, it is important to note that he did so as part of the Committee on Style. The Committee on Style was responsible for the final draft of the Constitution, and Morris led the effort. This suggests that while Morris played a significant role, the Preamble was a collaborative effort within the committee.
Furthermore, there is evidence that the Preamble underwent revisions and contributions from multiple individuals. For example, the phrase "We the People of the United States" is often attributed to Morris, but it is possible that this phrase was a collective creation of the delegates from the 13 colonies who participated in the Constitutional Convention. The absence of extensive debates or objections regarding the Preamble during the Convention suggests that the delegates were largely in agreement.
Additionally, the Preamble's origins predate the Constitutional Convention, as preambles to legal documents were relatively commonplace at the time. This indicates that the Preamble may have been influenced by existing conventions and legal traditions rather than being solely the creation of a single author. In conclusion, while Gouverneur Morris is generally acknowledged as the primary author of the Preamble, the final product was likely shaped by the collective efforts of the Committee on Style and the broader historical context of legal document drafting.
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The Preamble was written in 1787
The Preamble to the United States Constitution was written in 1787, during the Constitutional Convention at Independence Hall in Philadelphia. It was penned by Gouverneur Morris, a Pennsylvania delegate, with the Committee on Style, which wrote the final draft. The Preamble was added during the convention's final days and was not proposed or discussed beforehand.
The Preamble is a concise introductory statement outlining the Constitution's fundamental goals and principles. It begins with the words "We the People" and sets out 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".
The Founding Fathers' intentions and what they hoped the Constitution would achieve are reflected in these words. The Preamble is not legally binding, but it serves as a foundation for the text that follows and has been referred to as reliable evidence of the authors' intentions. It is also useful for interpreting the "spirit" of the Constitution.
The Preamble's reference to "the United States of America" has been interpreted to explain the nature of the federal government created by the Constitution. Over time, interpretations have evolved to reflect the changed circumstances of modern society. For example, the Supreme Court has ruled that the individual states may not conduct foreign relations, as the "United States of America" is considered a single sovereign nation in international relations.
The Preamble's mention of "promoting the general Welfare" has also been significant in court cases, such as those involving eminent domain. In these instances, the courts have pointed to the Preamble as evidence that the health and well-being of the people were important considerations for the Founding Fathers.
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The Preamble was not debated
The Preamble to the United States Constitution was written by Gouverneur Morris, a delegate from Pennsylvania, during the final days of the Constitutional Convention. Morris, who had already made significant contributions to the Constitution, proposed the addition of a preamble on September 12, 1787. He argued that a preamble was necessary to explain the document and justify its creation, pointing out that constitutions in other countries often included preambles.
The proposal was quickly accepted, and the remaining delegates spent very little time debating the wording of the Preamble. This was likely because they agreed on the importance of the Preamble in outlining the fundamental principles of the new government. The Preamble, therefore, serves as an introduction to the Constitution and does not assign powers to the federal government or provide specific limitations on government action.
While the Preamble itself was not extensively debated, the delegates spent a considerable amount of time debating and refining each section of the Constitution. The Preamble's initial wording referred to the people of the various states, which was the norm in earlier documents, such as the 1778 Treaty of Alliance with France and the Articles of Confederation. However, the change to "We the People of the United States" was made to emphasize popular sovereignty and reflect the Constitution's ratification process, which allowed for individual states' approval.
Despite not being legally binding, the Preamble has been used by courts to interpret the Constitution's meaning and understand the intentions of its framers. Courts have developed techniques to interpret statutes, balancing a focus on the exact text with broader efforts to discern the document's spirit. For example, in Ellis v. City of Grand Rapids, the court pointed to the Preamble's reference to "promoting the general Welfare" as evidence of the health of the people being a priority for the Constitution's framers.
In summary, while the Preamble to the United States Constitution was not extensively debated, its addition and wording were accepted with little resistance. The Preamble serves as an important introduction to the Constitution, providing context for the document and outlining the fundamental principles of the new government. Its author, Gouverneur Morris, is acknowledged for crafting a powerful and influential statement that has shaped the interpretation and understanding of the Constitution.
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The Preamble is not legally binding
The Preamble to the United States Constitution was written by Gouverneur Morris, a member of the Committee on Style, which wrote the final draft of the Constitution. Morris is acknowledged as the author because the language of the Preamble echoes that of his home state's Constitution.
The Preamble is an introduction to the Constitution and sets the stage for the document. It clearly communicates the intentions of the framers and the purpose of the document. However, it is important to note that the Preamble is not legally binding. It does not assign powers to the federal government, nor does it provide specific limitations on government action or confer rights to those subject to the federal government.
The Preamble has been described as comprising no part of the Constitution and having little legal weight in a court of law. It is not considered to be a decisive factor in case adjudication and has not been used as such by any court, except in cases of frivolous litigation. The Preamble is, however, useful for interpreting the "spirit" of the Constitution and understanding the broader import of the Constitution and the general purposes of the American government.
While the Preamble may not have direct legal force, it has been referenced by political leaders and has influenced statements and debates during the early history of the nation. For example, in McCulloch v. Maryland, Chief Justice John Marshall quoted the Preamble when arguing for the supremacy of the law of the "people" over the laws of the states. In another instance, Senator Daniel Webster quoted the Preamble during the nullification debates of the 1830s to argue that the Constitution was "perpetual and immortal."
In conclusion, while the Preamble to the United States Constitution was written by Gouverneur Morris and plays an important role in setting the stage for the document, it is not legally binding and does not confer powers or rights. However, it has been referenced and continues to be an important facet of the national dialogue on the country's founding document.
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Frequently asked questions
It is generally acknowledged that the preamble to the US Constitution was written by Gouverneur Morris.
No, although Morris was part of the Committee on Style, which wrote the final draft of the Constitution, he is credited with writing the preamble from scratch.
The preamble was included so that future Americans would understand why the Constitution was created and to explain its underlying principles. It also served to introduce the Constitution and explain its purpose.
