Answer:
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. Courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.
Contents
1 Text
2 Drafting
3 Meaning and application
3.1 Judicial relevance
3.2 Examples
3.3 Interpretation
3.3.1 Aspects of national sovereignty
3.3.2 People of the United States
3.3.3 The popular nature of the Constitution
3.3.4 Where the Constitution is legally effective
3.3.5 To form a more perfect Union
4 See also
5 Notes
6 References
7 External links
Text
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,[note 1] 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.
Drafting
The Preamble 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. It was not proposed or discussed on the floor of the convention beforehand. The initial wording of the preamble did not refer to the people of the United States, rather, it referred to people of the various states, which was the norm. In earlier documents, including the 1778 Treaty of Alliance with France, the Articles of Confederation, and the 1783 Treaty of Paris recognizing American independence, the word "people" was not used, and the phrase the United States was followed immediately by a listing of the states, from north to south.[1] The change was made out of necessity, as the Constitution provided that whenever the popularly elected ratifying conventions of nine states gave their approval, it would go into effect for those nine, irrespective of whether any of the remaining states ratified.[2]
Meaning and application
The Preamble serves solely as an introduction, and does not assign powers to the federal government,[3] nor does it provide specific limitations on government action. Due to the Preamble's limited nature, no court has ever used it as a decisive factor in case adjudication,[4] except as regards frivolous litigation.[5]
Judicial relevance
The courts have shown interest in any clues they can find in the Preamble regarding the Constitution's meaning.[6] Courts have developed several techniques for interpreting the meaning of statutes and these are also used to interpret the Constitution.[7] As a result, the courts have said that interpretive techniques that focus on the exact text of a document[8] should be used in interpreting the meaning of the Constitution. Balanced against these techniques are those that focus more attention on broader efforts to discern the meaning of the document from more than just the wording;[9] the Preamble is also useful for these efforts to identify the "spirit" of the Constitution.
