Eleanor Finch
The Preamble to the US Constitution is an introductory statement of the Constitution's fundamental purposes and principles. It is not a law or a legal document but sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. The Preamble proclaims that the Constitution is being adopted by We the People of the United States, describing the reasons for its adoption and what is being adopted. It reflects the underlying principles and values of American democracy, providing an overview of what to expect from the Constitution.
| Characteristics | Values |
|---|---|
| Purpose of the preamble | To set the stage for the Constitution and communicate the intentions of the framers |
| Preamble as a legal document | It is not a law or a legal document but has its own legal force |
| Preamble's role in interpretation | Useful for interpreting the "spirit" of the Constitution and understanding the motivations of its authors |
| Preamble's language | Conscious choice of the words "We the People" to emphasize the idea of a unified nation |
| Preamble's origins | Borrows ideas from the Articles of Confederation and preambles in English laws |
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What You'll Learn
To communicate the intentions of the Founding Fathers
The Preamble to the Constitution was added to communicate the intentions of the Founding Fathers, such as George Washington, Alexander Hamilton, and James Madison. It is a short paragraph that introduces the underlying principles and values of American democracy, summarising the purpose of the Constitution.
The Preamble is not a law or a legal document, but it does make clear what to expect in the Constitution. It states that the Constitution aims to create laws around justice, peace, defence, welfare, liberty, and prosperity for Americans. The Preamble also specifies that the federal government's sovereignty comes from the people. The Founding Fathers wanted the new nation to remain unified, based on a system of justice, guaranteeing peace, security, good fortune, and developed around the principle of liberty.
The Preamble's origins predate the Constitutional Convention, as preambles to legal documents were relatively commonplace at the time of the Nation's founding. The language used in the Preamble was consciously chosen to support the idea that the Constitution is for a unified nation, rather than a treaty of separate sovereign states.
Courts have referred to the Preamble as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped to achieve. It is a useful tool for interpreting the "spirit" of the Constitution and understanding the motivations of its authors.
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To introduce the Constitution as the highest law of the land
The Preamble to the Constitution is an introductory statement of the Constitution's fundamental purposes and guiding principles. It is not a law or a legal document but an introduction to the highest law of the land. The Preamble, which begins with the words "We the People", reflects the underlying principles and values of American democracy, providing an overview of what to expect from the Constitution.
The Preamble sets the stage for the Constitution, communicating the intentions of the Framers and the purpose of the document. It does not, however, define government powers or individual rights. The Framers of the Constitution borrowed ideas from the Articles of Confederation, which stated that each state agreed to enter into a "league of friendship", ensuring a “common defence” of the Union or any other state. The Preamble to the Constitution also borrows from the Declaration of Independence, which stated that "all men are created equal" and have the right to "Life, Liberty and the pursuit of Happiness".
The Preamble to the Constitution was written mainly by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held at Independence Hall in Philadelphia. The Framers consciously chose the language used in the Preamble, which has important substantive consequences. "We the People of the United States" strongly supports the idea of a unified nation rather than a treaty of separate sovereign states. The idea of nationhood is confirmed by the first reason given in the Preamble for adopting the new Constitution: "to form a more perfect Union".
The Preamble's statements of purpose do not grant powers or confer rights; this is done by the substantive provisions in the main body of the Constitution. The Preamble has sometimes been referred to as the “Enacting Clause” of the Constitution, as it declares the fact of its adoption once sufficient states had ratified it.
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To emphasise the sovereignty of the federal government
The Preamble to the United States Constitution serves as an introduction to the nation's governing document, outlining its guiding principles and the intentions of its framers. One of the key purposes of the Preamble is to emphasize the sovereignty of the federal government, establishing its supremacy over the individual states and any other governing entities within the nation.
By opening with the phrase "We the People of the United States," the Preamble makes clear that the Constitution is a document that derives its power from the people of the nation as a whole, not from individual states or regional entities. This statement of national unity and sovereignty sets the tone for the entire Constitution, asserting the authority of the federal government as the ultimate ruling power.
The Preamble also outlines the purposes for which the Constitution was established, including to "form a more perfect Union," "establish Justice," "insure domestic Tranquility," and "provide for the common defence." These goals underscore the need for a strong federal government capable of addressing national concerns, resolving disputes between states, and protecting the nation from internal and external threats.
Additionally, the Preamble emphasizes the federal government's authority by outlining the specific powers that it is vested with. It states that the Constitution is created to "promote the general Welfare and secure the Blessings of Liberty to ourselves and our Posterity." This language underscores the idea that the federal government has a responsibility to act in the best interests of all citizens, and is empowered to make laws and take actions that promote the common good.
The phrase "do ordain and establish this Constitution for the United States of America" further reinforces the sovereignty of the federal government. It signifies that the Constitution is the supreme law of the land, established by the people through a process of careful deliberation and consensus. This phrase also underscores the permanence and authority of the document, suggesting that it supersedes any other laws or governing documents that may have existed previously.
In emphasizing the sovereignty of the federal government, the Preamble to the Constitution laid the foundation for a strong, unified nation with a clear chain of command. It established the federal government as the ultimate authority, capable of addressing national concerns and acting in the best interests of all citizens. This emphasis on sovereignty continues to shape the interpretation and application of the Constitution to this day.
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To outline the preamble's legal force
The preamble to the US Constitution is a short introductory paragraph that outlines the underlying principles and values of American democracy. It is not a law or a legal document but serves as an important interpretation tool for the courts to understand the spirit of the Constitution and the intentions of its framers.
The preamble begins with the words, "We the People of the United States", strongly indicating that the Constitution is for a unified nation, with sovereignty derived from the people. This phrase has been interpreted as meaning that the Constitution was not the act of sovereign and independent states, but rather a social contract with limits on the ability of individual citizens to pursue legal claims arising from it.
The preamble also sets out the purposes for adopting the Constitution, including to "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". These statements of purpose do not grant powers or confer rights, but they embody the aspirations of the people and the type of government they expected to have.
While the preamble does not have the force of law, it has been termed the Enacting Clause as it declares the fact of adoption of the Constitution. It is an important interpretive tool for understanding the history, intent, and meaning of the Constitution as understood by the Founding Fathers.
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To explain the preamble's origins
The Preamble to the United States Constitution, beginning with the words "We the People", is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It is not a law or a legal document, but it does have its own legal force. The Preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held at Independence Hall in Philadelphia. The Framers of the Constitution borrowed ideas from the Articles of Confederation, under which each state agreed to enter into a "league of friendship", and from several English laws that undergird American understandings of constitutional rights, including the Petition of Rights of 1628, the Habeas Corpus Act of 1679, the Bill of Rights of 1689, and the Act of Settlement of 1701. The tradition of a legal preamble continued in the New World, with the Declarations and Resolves of the First Continental Congress in 1774 and the Declaration of Independence of 1776 including preambles that rival the fame of the Constitution’s opening lines.
The Preamble to the Constitution is one of those snippets of American history that many had to memorize in high school civics classes. The goals and responsibilities stated in the Preamble are worth remembering as the job description for governing. In many respects, the opening words "We the People" define the United States as a democracy, a work in progress, but always centred on making Americans the driving force of the nation. The Preamble sets the stage for the Constitution and communicates the intentions of the framers and the purpose of the document. It does not define government powers or individual rights, but it does declare the fact of adoption of the Constitution.
The Preamble’s origins predate the Constitutional Convention—preambles to legal documents were relatively commonplace at the time of the Nation’s Founding. The preamble does not create any federal law or give federal officers additional power. It reflects the fundamental values and principles of American democracy and the intentions of the Founding Fathers or Framers of the Constitution, such as George Washington, Alexander Hamilton, and James Madison. The preamble was consciously chosen to support the idea that the Constitution is one for a unified nation, rather than a treaty of separate sovereign states. The word “preamble,” while accurate, does not quite capture the full importance of this provision.
The Preamble to the Constitution borrowed ideas from the Articles of Confederation, which the Constitution was designed to replace. The Articles declared themselves perpetual, like the Preamble does. The Framers of the Constitution borrowed bits and pieces of the Articles as they created the new government. The Preamble to the Constitution is a short paragraph that reflects the underlying principles and values of American democracy, providing a quick primer on what to expect before reading the Constitution. It is an introduction to the highest law of the land.
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Frequently asked questions
The preamble to the US Constitution is an introductory statement of the Constitution's fundamental purposes and guiding principles. It is not a law or a legal document but sets the stage for the Constitution.
The preamble begins with "We the People of the United States" and goes on to describe the intentions of the framers and the purpose of the document. It states that the Constitution aims to "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 important because it declares the fact of the adoption of the Constitution and communicates the intentions of the Founding Fathers or framers of the Constitution. It reflects the fundamental values and principles of American democracy.
The preamble was mainly written by Gouverneur Morris, a Pennsylvania delegate to the 1787 Constitutional Convention held in Philadelphia. The framers of the Constitution borrowed ideas from the Articles of Confederation, the Declaration of Independence, and other English laws that undergird American understandings of constitutional rights.
