Eleanor Finch
The preamble to the United States Constitution, starting with the words We the People, is an introductory statement of the Constitution's fundamental purposes and guiding principles. It sets the tone for the rest of the document, outlining the intentions of the framers and the purpose of the document. While it does not define government powers or individual rights, it is an important reminder of the aspirations that We the People have for our government and our way of life as a nation. The preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia.
| Characteristics | Values |
|---|---|
| Purpose | To set the stage for the Constitution, communicate the intentions of the framers, and outline fundamental purposes and guiding principles. |
| Legal Weight | The preamble is not law and does not define government powers or individual rights. It has had a minor role in legal doctrine, but an outsized role outside the courtroom. |
| Language | The use of "We the People of the United States" instead of listing states was a conscious choice, as it was unclear how many states would ratify, and to emphasize the unity of the nation. |
| Interpretation | The preamble has been interpreted as exerting a gentle interpretive "push" on how specific provisions of the Constitution should be interpreted. |
| Binding Nature | The preamble declares that the Constitution is binding only in the United States of America, as evidenced by the written nature of the document. |
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What You'll Learn
The preamble is an introduction to the highest law of the land
The preamble to the United States Constitution is an introductory statement that outlines the fundamental purposes and guiding principles of the Constitution. Beginning with the words "We the People", it communicates the intentions of the framers and the purpose of the document, which is 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 preamble is not a law itself, but it introduces the highest law of the land, setting the stage for the Constitution. It does not define government powers or individual rights, nor does it confer powers or rights. Instead, it serves as a guide for interpreting the Constitution and understanding the Founding Fathers' intentions. The preamble has been used as evidence of these intentions and what they hoped to achieve with the Constitution.
While the preamble has had a relatively minor role in legal doctrine, it has played a significant role outside the courtroom in embodying the American constitutional vision. In the early years of the Supreme Court, judges referenced the preamble's words in some of the most important cases interpreting the Constitution. For example, in 1793, two members of the Court cited the preamble in Chisholm v. Georgia to argue that the "people," in establishing the Constitution, subjected the State of Georgia to the jurisdiction of the federal courts to achieve the six broad goals listed in the preamble.
The preamble's language was consciously chosen by the "Committee of Style" during the 1787 Constitutional Convention. The committee opted for the phrase "We the People of the United States" instead of listing the individual states, as it was unclear how many states would ratify the Constitution. This language choice reflects the idea that the Constitution was established by the people of the United States, who have the right to prohibit states from exercising powers incompatible with the nation's founding principles.
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It sets the stage for the Constitution
The Preamble to the United States Constitution, starting with the words "We the People", is a concise introductory statement of the Constitution's fundamental goals and guiding principles. It sets the stage for the Constitution by proclaiming who is adopting it and why.
The Preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia. The Preamble was added to the Constitution during the final days of the convention by the Committee on Style, which wrote the final draft. The language "We the People of the United States" was chosen by this committee instead of "We the People of the States", followed by a list of the states, because it was unclear how many states would ratify the Constitution. This language consciously emphasised the unity of the nation.
The Preamble introduces what is to follow in the Constitution's seven articles and twenty-seven amendments. It establishes the intentions of the framers and the purpose of the document, outlining six objectives: 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 to ourselves and our Posterity.
While the Preamble does not confer powers or rights, the provisions that follow should be interpreted in line with the purposes outlined in the Preamble. It has been used to confirm that the Constitution was made for, and is binding only in, the United States of America.
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It outlines the intentions of the framers
The preamble to the US Constitution is an introductory statement that outlines the intentions of the framers and the fundamental purposes and guiding principles of the Constitution. Beginning with the words "We the People", it proclaims that the people of the United States are adopting the Constitution. The preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia.
The preamble clearly communicates the intentions of the Founding Fathers and what they hoped the Constitution would achieve. It outlines six broad goals: forming a more perfect union, establishing justice, insuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty for future generations. These goals provide insight into the framers' aspirations for their government and way of life as a nation.
While the preamble is not a law itself, it serves as an important interpretation guide for understanding the Constitution. Courts have referred to it as reliable evidence of the framers' intentions, influencing how specific provisions of the Constitution should be interpreted in close cases. The preamble's language has been used to confirm that the Constitution was made for and is binding only in the United States of America.
In the early years of the Supreme Court, the preamble's words were referenced in significant cases interpreting the Constitution. For example, in Chisholm v. Georgia, two members of the Court cited the preamble to argue that the "people" established the Constitution, subjecting Georgia to the jurisdiction of federal courts to accomplish the six goals listed. However, the Court has rarely cited the preamble in its decisions, and it has not been used as a decisive factor in case adjudication except in frivolous litigation.
The preamble's language has also been interpreted to mean that the Constitution is a written document, contrasting with nations like Great Britain, whose constitution is a collection of written and unwritten traditions. The written nature of the US Constitution sets clear boundaries on what can be said and done in its name.
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It does not assign powers to the federal government
The Preamble to the United States Constitution is an introductory statement of the Constitution's fundamental purposes and guiding principles. It is not a law in itself, and it does not assign powers to the federal government or provide specific limitations on government action. The Preamble is important because it clearly communicates the intentions of the framers and the purpose of the document, providing an interpretive "push" to how the provisions of the Constitution should be interpreted.
The Preamble to the Constitution begins with the words, "We the People of the United States," and outlines the reasons why the Constitution is being adopted. It proclaims that the people of the United States are establishing the Constitution 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."
While the Preamble does not assign powers to the federal government, it does recognise the federal government's sovereignty over certain matters within its control. The federal government has the power to enforce the powers granted to it, such as the power to establish and regulate post offices and roads. However, the American constitutional system also recognises the concept of "State sovereignty," where certain matters are susceptible to government regulation only at the state level, such as the general administration of criminal justice.
The Preamble has been used to confirm that the Constitution was made for and is binding only in the United States of America. It has played a minor role as a legal doctrine but has had a significant impact outside the courtroom in embodying the American constitutional vision. While courts have rarely cited the Preamble in their decisions, it has been referenced in some important cases interpreting the Constitution, such as Chisholm v. Georgia and Martin v. Hunter's Lessee.
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It is not open to interpretation by courts, legislatures, or government officials
The preamble to the US Constitution is not open to interpretation by courts, legislatures, or government officials. It is a concise introductory statement outlining the Constitution's fundamental purposes and guiding principles. The preamble does not confer powers or rights and does not define government powers or individual rights. Instead, it introduces the highest law of the land, proclaiming who is adopting the Constitution ("We the People of the United States") and why it is being adopted, outlining the purposes behind the enactment of America's charter of government.
The preamble has played a relatively minor role in legal doctrine but has had a significant impact outside the courtroom, embodying the American constitutional vision. While courts have occasionally referred to the preamble when interpreting the Constitution, they have rarely done so, and it does not appear that the preamble has been given any legal weight in these decisions. Chief Justice John Jay concluded that a preamble to a legal document cannot be used to abrogate other text within it; instead, it can be used to resolve competing readings of the text.
The preamble has been used to confirm that the Constitution is binding only in the United States of America. It also serves as evidence of the Founding Fathers' intentions regarding the Constitution's meaning and their hopes for its achievement. The preamble was included in the Constitution during the final days of the Constitutional Convention by the Committee on Style, and its language was consciously chosen.
The preamble's limited nature means that it is not open to interpretation by courts, legislatures, or government officials. It is not a source of constitutional meaning or a basis for striking down the decisions of representative governments. The preamble is not a grant of power, and any interpretation must be consistent with the provisions that follow. The written nature of the US Constitution, as a single binding text, is significant, with its boundaries defined by the words, phrases, and structure of the document itself.
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