[Constitution of the United States of America: Analysis, and Interpretation - 1992 Edition ]
[The Constitution of the United States of America (With Annotations)]
[The Preamble]
[From the U.S. Government Printing Office, www.gpo.gov]
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THE
CONSTITUTION OF THE UNITED STATES
OF AMERICA
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WITH ANNOTATIONS
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THE PREAMBLE
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.
PURPOSE AND EFFECT OF THE PREAMBLE
Although the preamble is not a source of power for
any department of the Federal Government, \1\ the Supreme
Court has often referred to it as evidence of the origin,
scope, and purpose of the Constitution. \2\ ``Its true
office,'' wrote Joseph Story in his COMMENTARIES, ``is to
expound the nature and extent and application of the powers
actually conferred by the Constitution, and not
substantively to create them. For example, the preamble
declares one object to be, `to provide for the common
defense.' No one can doubt that this does not enlarge the
powers of Congress to pass any measures which they deem
useful for the common defence. But suppose the terms of a
given power admit of two constructions, the one more
restrictive, the other more liberal, and each of them is
consistent with the words, but is, and ought to be, governed
by the intent of the power; if one could promote and the
other defeat the common defence, ought not the former, upon
the soundest principles of interpretation, to be adopted?''
\3\
\1\ Jacobson v. Massachusetts, 197 U.S. 11, 22
(1905).
\2\ E.g., the Court has read the preamble as bearing
witness to the fact that the Constitution emanated from the
people and was not the act of sovereign and independent
States, McCulloch v. Maryland, 4 Wheat. (17 U.S.) 316, 403
(1819) Chisholm v. Georgia, 2 Dall. (2 U.S.) 419, 471
(1793); Martin v. Hunter's Lessee, 1 Wheat. (14 U.S.) 304,
324 (1816), and that it was made for, and is binding only
in, the United States of America. Downes v. Bidwell, 182
U.S. 244, 251 (1901); In re Ross, 140 U.S. 453, 464 (1891).
\3\ 1 J. Story, Commentaries on the Constitution of
the United States (Boston: 1833), 462. For a lengthy
exegesis of the preamble phrase by phrase, see M. Adler & W.
Gorman, The American Testament (New York: 1975), 63-118.