Omar Bennett
The United States Constitution is an act of We the People, a social contract with limitations on the ability of individual citizens to pursue legal claims. The Preamble, added to the Constitution during its final days, was written by the Committee on Style, led by Gouverneur Morris. The Preamble sets the stage for the Constitution, communicating the intentions of the framers and the purpose of the document. It does not assign powers or provide specific limitations on government action but affirms that the government derives its sovereignty from the people. The phrase We the People has been interpreted to include women, servants, African-Americans, and all who fall under the various Constitutional Amendments.
| Characteristics | Values |
|---|---|
| Writer | Gouverneur Morris |
| Writer's origin | Pennsylvania |
| Writer's role | Committee on Style |
| Writer's role description | Led the effort to write the final draft |
| Writer's death | 1816 |
| Writer's origin constitution | State constitution |
| Writer's origin constitution description | Language from the federal preamble echoes that of Morris's home state's constitution |
| "We the People" | Includes women, servants, African-Americans, and all who come within the various Constitutional Amendments |
| "We the People" description | Affirms that the Constitution is of the people, for the people, and by the people of the United States |
| "We the People" description (2) | Confirms that the government under the Constitution was intended to govern and protect "the people" directly, as one society |
| "We the People" description (3) | Excludes non-citizens |
| "We the People" description (4) | Has been interpreted as meaning that the Constitution was not the act of sovereign and independent states |
| "We the People" description (5) | Has been interpreted as affirming that the national government created by the Constitution derives its sovereignty from the people |
| "We the People" description (6) | Has been interpreted as confirming the superiority of the sovereignty of the government under the U.S. Constitution over that of the States |
| Transcriber | Jacob Shallus |
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What You'll Learn
The Committee on Style wrote the Preamble
The Preamble to the United States Constitution was placed in the Constitution during the final days of the Constitutional Convention by the Committee on Style, also known as the Committee of Style and Arrangement. The Committee was tasked with preparing a final Constitution from the textual provisions that the convention had produced. The Committee on Style wrote the final draft of the Preamble, with Gouverneur Morris leading the effort. Morris, a talented speaker and experienced constitutional drafter, made several subtle changes to the text that advanced his goals.
The Preamble, as altered by Morris, listed six broad goals for the Constitution: to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty. These goals reflect the spirit of the Constitution and have been central to many constitutional debates. The Preamble serves as an introduction and does not assign powers to the federal government or limit its actions. However, courts have used it to interpret the Constitution's meaning and understand the intentions of its framers.
The initial wording of the Preamble 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. Morris changed this to "We, the People of the United States," marking a shift from referring to individual states to recognising a unified nation. This change reflected the concept of State sovereignty, where certain matters are susceptible to government regulation at the State level rather than federally.
Morris's alterations to the Preamble also had significant implications for the understanding of national power. For example, in Chisholm v. Georgia, Justices James Wilson and John Jay relied on the Preamble's reference to promoting the general welfare as evidence of the framers' intent to prioritise the health and well-being of the people. Additionally, Morris's vision of three co-equal branches of the national government (legislative, executive, and judiciary) replaced the older conception of legislative pre-eminence.
Overall, the Committee on Style, led by Gouverneur Morris, played a crucial role in shaping the Preamble of the Constitution. Morris's changes to the text, made during the final stages of the Constitutional Convention, had a lasting impact on the interpretation and application of the Constitution in the United States.
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Gouverneur Morris led the Committee
The United States Constitution is a foundational legal document that sets out the country's fundamental laws and principles. The iconic phrase "We the People" appears in the preamble, which was placed in the Constitution during the final days of the Constitutional Convention. The preamble, which sets the tone for the entire document, was crafted by the Committee on Style, with Gouverneur Morris leading the effort.
Gouverneur Morris (1752-1816), a delegate from Pennsylvania, played a pivotal role in shaping the preamble's language. The initial wording of the preamble referred not to the "people" of the United States but to the people of the various states, following the norm of the time. However, Morris championed the inclusion of the words "We the People," marking a significant shift in perspective. This phrase affirmed that the Constitution is of the people, for the people, and by the people of the United States. It conveyed the idea that the nation's supreme law directly affects individuals rather than imposing regulations on the states.
Morris' contribution to the preamble is particularly noteworthy because it reflected a broader social contract. While the Constitution outlines the rights and responsibilities of citizens, it also acknowledges the limitations on individual citizens' ability to pursue legal claims arising from it. For instance, if a law violates the Constitution, only those negatively affected by that law can challenge its constitutionality in court. This dynamic underscores the complex relationship between the rights outlined in the Constitution and the practical ability of citizens to invoke those rights in legal contexts.
The phrase "We the People" in the preamble has been interpreted to mean "nationals and citizens," excluding non-citizens. It affirms that the national government's sovereignty stems from the people, marking a departure from external monarchical sovereignty. This wording also underscores the government's intention to govern and protect "the people" directly as a unified society, rather than treating the states as mere political units. The preamble's language, echoing that of Morris' home state's constitution, reinforces the idea that the Constitution is a living document that remains responsive to new generations.
In conclusion, Gouverneur Morris' leadership in the Committee on Style during the Constitutional Convention left an indelible mark on the United States Constitution. The inclusion of "We the People" in the preamble not only set the tone for the entire document but also symbolized the democratic ideals and aspirations of a nation. Morris' contribution continues to shape the interpretation of constitutional rights and the relationship between citizens, their government, and the law.
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The Preamble was added during the final days of the Constitutional Convention
The Preamble to the United States Constitution, which begins with the famous words "We the People", was added during the final days of the Constitutional Convention. The Committee on Style, led by Gouverneur Morris, was responsible for drafting the final version of the Preamble. Interestingly, the Preamble was not proposed or discussed on the floor of the convention beforehand.
The Preamble serves as an introduction to the Constitution and outlines the intentions of its framers. It establishes the purpose of the document and communicates the desire 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 phrase "We the People" signifies that the Constitution is an act of the people, representing a general social contract.
The inclusion of "We the People" in the Preamble is significant as it affirms that the national government derives its sovereignty from the people. This marked a shift from external monarchical sovereignty, as seen under the "United Colonies". The Preamble also indicates that the government under the Constitution was intended to govern and protect "the People" directly, as a unified society, rather than governing only the individual states.
The specific wording of the Preamble is worth noting. In earlier documents, such as the 1778 Treaty of Alliance with France and the Articles of Confederation, the term "people" was not used. Instead, references were made to the people of the various states. The change to "We the People of the United States" in the Preamble reflected a necessary shift, as the Constitution would come into effect with the approval of popularly elected ratifying conventions of the states.
While the Preamble sets the tone and provides context for the Constitution, it does not assign powers to the federal government or outline specific limitations on government actions. Courts have shown interest in interpreting the Preamble to understand the historical context, intent, and meaning of the Constitution. However, it has not been used as a decisive factor in case adjudication, except in instances of frivolous litigation.
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The initial wording referred to people of various states
The United States Constitution is a living document that has evolved over time to reflect the nation's changing values and ideals. The famous phrase "We the People" in the Preamble of the Constitution is a powerful statement of the social contract between the government and its citizens. However, the initial wording of the preamble did not refer to the "people" of the United States as a collective. Instead, it referred to the people of the various states, reflecting the norm at the time.
The Preamble to the United States Constitution, added during the final days of the Constitutional Convention, reads: "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." This preamble sets the stage for the Constitution, communicating the intentions and purpose of the framers.
At the time of writing, the concept of State sovereignty was prevalent, and earlier documents such as the 1778 Treaty of Alliance with France, the Articles of Confederation, and the 1783 Treaty of Paris recognizing American independence, did not use the word "people." Instead, they listed the names of the individual states. The use of "We the People" in the final document affirmed that the Constitution is of the people, for the people, and by the people of the United States. It shifted the focus from governing the states as political units to governing and protecting the people directly.
While the phrase "We the People" is inclusive and powerful, it is important to acknowledge that the founding fathers' conception of "the people" was limited. Initially, "the people" referred predominantly to white, male property owners over the age of 21. Over time, the interpretation of "the People" has expanded to include women, servants, African Americans, and individuals encompassed by various Constitutional Amendments, reflecting a more inclusive and democratic society.
In conclusion, the initial wording of "We the People" in the Constitution referred to the people of the various states, but the interpretation has evolved to unite all citizens under a shared social contract. The Preamble's reference to "promoting the general Welfare" and "securing the Blessings of Liberty" underscores the aspirations of a nation striving for a more perfect union, where the rights and well-being of all citizens are protected and upheld.
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The Constitution is a living document
The United States Constitution is often referred to as a "living document" because it is flexible and can be amended to accommodate social or technological changes. The process of amending the Constitution is challenging, and in over 200 years, there have only been 27 amendments. However, the world has changed in numerous ways, and the nation has grown in population and territory, with advancements in technology, shifts in the economy, and changes in social norms. This has led to the idea of a "living Constitution," which evolves, adapts to new circumstances, and changes over time without formal amendments.
The concept of a living Constitution is associated with the view that the Constitution should be interpreted in the context of contemporary society and that it was written with broad and flexible terms to create a dynamic document. Proponents of this idea, known as pragmatists, argue that interpreting the Constitution solely based on its original meaning or intent can sometimes be unacceptable as policies need to evolve with the times. For example, the requirement of "equal rights" should be understood according to current standards of equality, not those of the past.
Edmund Randolph, in his "Draft Sketch of Constitution," emphasized the importance of including only essential principles in the Constitution to allow for flexibility and accommodation of future changes. The living Constitution perspective aligns with the belief that the Constitution's framers, many of whom were lawyers and legal theorists, intended for it to be interpreted in a dynamic manner.
Critics of the living Constitution idea, known as originalists, argue that the Constitution should be interpreted based on the understanding of those who adopted it in the late 18th or 19th centuries. They believe that there is no need for the Constitution to adapt or change beyond formal amendments. Originalists contend that legislative action better represents the will of the people in a constitutional republic, as periodic elections allow individuals to choose their representatives in Congress.
The debate between the living Constitution and originalism highlights the different interpretations of the Constitution's role and how it should be applied in modern times. While the Constitution is the foundation of the Federal Government and the supreme law of the land, its flexibility allows for changes in the government's structure and policies to meet the evolving needs of a complex and diverse society.
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Frequently asked questions
The Committee on Style, led by Gouverneur Morris, wrote the final draft of the Preamble to the Constitution, which includes the phrase "We the People."
The Preamble is an introduction to the Constitution that communicates the intentions and purpose of the document. It is not a law and does not define government powers or individual rights.
"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 phrase "We the People" affirms that the Constitution is of the people, for the people, and by the people of the United States. It reflects the democratic ideals expressed in the nation's founding documents.
The Constitution was transcribed by Jacob Shallus on parchment, and the original spelling and punctuation are preserved in the document on display in the Rotunda at the National Archives Museum.
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