Preamble to the Constitution

The preamble is the introduction to the U.S. Constitution. 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. In short, it summarizes the purpose of the Constitution.

The preamble is not a law or a legal document. Instead, it makes it clear what to expect in the Constitution. Namely, the preamble states that the Constitution aims to create laws around justice, peace, defense, welfare, liberty, and prosperity for Americans.

This article summarizes the preamble's origins and answers frequently asked questions about it. Then, it discusses its significance and meaning since its ratification.

What the Constitution's Preamble Says

The preamble makes clear that the fundamental instrument of the American government derives its power from the people. It states:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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."

Therefore, the Constitution provides the bedrock for a government that relies upon justice, liberty, and other principles necessary for forming a "more perfect Union."

Frequently Asked Questions

This section answers frequently asked questions about the Preamble. The following sections provide a more in-depth discussion of the Preamble's origins, why the Framers included it, and Supreme Court cases interpreting it.

Why is the preamble important?

The preamble is not technically a legal document. Its ideas are not enforceable in a court of law. It also does not give the federal government any special powers. Instead, it is just the introductory part of the Constitution.

The preamble describes why the Framers of the Constitution drafted, established, and ordained the Constitution itself. The Constitution is the supreme law of the land, powered by the people, and seeks to establish a "more perfect Union."

Although the Supreme Court has interpreted the preamble as legally insignificant, at least two Founders took opposite views. James Monroe, a delegate from Virginia, called the preamble the "Key of the Constitution." Moreover, Alexander Hamilton argued in The Federalist No. 84 that the Bill of Rights was unnecessary because we already had the preamble.

While the preamble may not be significant in a legal sense, it plays a role in the country's dialogue about the Constitution and the American system of government.

Who wrote the preamble?

Historians believe a statesman named Gouverneur Morris wrote the preamble during the Constitutional Convention. At the Convention in Philadelphia in 1787, delegates from the 13 colonies debated what to include in the Constitution. Interestingly, it does not appear the Framers held extensive debates regarding the preamble.

What is the most important part of the preamble?

Of the 52-word paragraph, the first three words, "We the People," are perhaps the most important. They make clear that the Constitution's power comes from the people of the United States. This phrase sets the tone for the entire document, which, in turn, sets the tone for the laws and governance of the United States. 

Having recently won the Revolutionary War against Britain, the Framers knew the importance of a representative government. The guiding principle underlying the Constitution is that a legitimate government depends upon the consent of those it governs. Beginning this foundational document with "We the People" makes it clear that citizens ultimately give power and legitimacy to the federal government.

Another important phrase, although subtle, is "of the United States." This clarifies that the Constitution creates a federal government encompassing every state.

This is in stark contrast to the Articles of Confederation. Under the Articles, the national government got most of its power from the states themselves. In the 11 years between the end of the American Revolution and the Constitution's ratification, the 13 colonies acted more as separate countries that would occasionally convene to discuss common issues.

The Framers included the term "of the United States" to ensure that the Constitution did not rely on individual states for its power. It also created a strong national government, intending to preserve and protect a "Union" of states. Something the Articles of Confederation had failed to do over the past 11 years. President Abraham Lincoln relied on this idea during the Civil War as he attempted to preserve the Union after the Confederates rebelled.

Lastly, the preamble states that the Constitution bound the Framers and future generations by stating, "ourselves and our Posterity." The Framers intended the Constitution to last indefinitely and remain the supreme law of the land. It created a permanent government with fixed laws and rules for all future Americans.

History and Meaning of the Preamble

When examining the history of the preamble and the Constitution, it helps to understand the Articles of Confederation, which the Constitution ultimately replaced.

The Articles of Confederation

In the years following the signing of the Declaration of Independence in 1776, America struggled to govern itself. The Second Continental Congress served as the main governing force in the short term. But, its lack of authority created a weak central government.

In 1777, the Congress began debating a potential national government. They hastily drafted the Articles of Confederation and sent them to the states for ratification. Disputes among the states delayed the ratification of the Articles until 1781.

Overall, the Articles gave most of the power to the individual states. This created a weak central government with few powers. It especially struggled to regulate the economy and the military. It was a temporary solution that allowed the colonists to continue fighting the British, but it was far from perfect.

The Constitutional Convention

The Continental Army defeated the British in the Revolutionary War in 1783. At that point, many Americans understood that the Articles of Confederation did not work for the new nation. Congress had little power to govern under the Articles, and disputes between the states presented grave threats to the Union.

In response, the Congress called a convention to discuss amending the Articles of Confederation. Instead, the delegates decided almost immediately to defy the Articles and begin creating an entirely new system of government. Although the Framers' decision resulted in the Constitution, they technically overthrew their existing government to do so.

The Preamble and the Articles of Confederation

The Preamble to the Constitution borrowed ideas from the Articles of Confederation. Under the Articles, each state agreed to enter into a "league of friendship," meaning they would do the following:

• Ensure a "common defence" of the Union or any other state

• Protect and secure each state's liberty

• Promote each state's "mutual and general welfare"

• Bind themselves to assist each other in times of war

The Articles also 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 and the Supreme Court

As noted above, the preamble does not create any federal law or give federal officers additional power. In 1833, former Supreme Court Justice Joseph Story wrote that the federal government cannot enlarge its powers or departments by resorting to some authority it believes the preamble contains.

Generally, the Supreme Court has supported Justice Story's interpretation. In Jacobson v. Massachusetts (1905), the Court wrote that although the preamble spells out why the Constitution is important, the federal government cannot rely upon it for any substantive power.

The Court has, however, referenced and relied upon the preamble while interpreting other Constitutional provisions. Take, for example, the following cases:

• Ariz. State Legis. v. Ariz. Indep. Redistricting Comm'n (2015): The Court ruled that a ballot initiative process was constitutional and cited the preamble. The justices noted that the Constitution derives its power and authority from the people of the United States.

• Holder v. Humanitarian Law Project (2010): The Court upheld a law that criminalized providing material support to terrorist organizations, noting the Preamble's statement about providing for the "common defense."

•  U.S. Term Limits v. Thornton (1995): The Court did not allow individual states to create their own qualifications for members of Congress, as doing so would have run counter to the Constitution and against forming a "more perfect Union."

Although the preamble is not a federal law and does not confer power to anyone, it provides context for the nature and extent of powers the Constitution bestows. It influences the way the Supreme Court interprets and applies other Constitutional provisions.

You can think of the preamble like a company's mission statement. The Framers included the preamble to ensure that future Americans knew precisely why they created the Constitution and its underlying principles.