Rarely has a Supreme Court decision relied on it, even as a guide in interpreting the Constitution. But long ago, in Marbury v.
The Court has rejected the relevance of the Preamble in constitutional decisions. In , in Jacobson v. Massachusetts , the Supreme Court ruled that laws cannot be challenged or declared unconstitutional based on the Preamble. But the Preamble states basic values that should guide the understanding of the Constitution.
This makes clear that the United States is to be a democracy, not a monarchy or a theocracy or a totalitarian government that were the dominant forms of government throughout world history. Early in American history, in McCulloch v.
Maryland , Chief Justice John Marshall stressed the importance of the government being created by the people. The State of Maryland claimed that it was the state governments who formed the United States and that therefore it is the states who are sovereign.
Second, the Constitution exists to create effective governance for the nation. Throughout American history there have been battles over federalism and the authority of the federal government to take actions of unquestionable desirability: limiting slavery, banning child labor, prohibiting race discrimination, protecting the environment. It is a society where personal liberty, not a duty to the state, is central. Interestingly, despite this commitment, the Framers of the Constitution saw no need to provide a detailed statement of rights in the Constitution they drafted.
In part, this is because they thought the structure of government they were creating would ensure liberty. Also, they were afraid that enumerating some rights inherently would be taken to deny the existence of other rights that were not mentioned.
They wanted liberty to be broadly protected and not confined to specific aspects of freedom mentioned in the text of the Constitution. Equality is not mentioned in the Preamble. This is not surprising for a Constitution that explicitly protected the institution of slavery and gave women no rights. But as the Supreme Court has explained for over a half century, equality is an implicit and inherent part of liberty. The Preamble describes the core values that the Constitution exists to achieve: democratic government, effective governance, justice, freedom, and equality.
While the Preamble does not itself confer powers and rights, it has significant implications both for how the Constitution is to be interpreted and applied and who has the power of constitutional interpretation—the two biggest overall questions of Constitutional Law. Consider two big-picture ways that the Preamble affects how the Constitution is to be interpreted. This is at once both obvious and hugely important. This defines the territory and boundaries of legitimate constitutional argument: the enterprise of constitutional interpretation is to seek to faithfully understand, within the context of the document including the times and places in which it was written and adopted , the words, phrases, and structural implications of the written text.
The words of the Constitution are not optional. By the same token, where the provisions of the Constitution do not set forth a rule—where they leave matters open—decision in such matters must remain open to the people, acting through the institutions of representative democracy. And finally, where the Constitution says nothing on a topic, it simply says nothing on the topic and cannot be used to strike down the decisions of representative government.
The Preamble does not confer powers or rights, but the provisions that follow should be interpreted in a fashion consistent with the purposes for which they were enacted. No one can doubt, that this does not enlarge the powers of congress to pass any measures, which they may 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.
Are we at liberty, upon any principles of reason, or common sense, to adopt a restrictive meaning, which will defeat an avowed object of the constitution, when another equally natural and more appropriate to the object is before us?
It aims to establish a federal government that worked in union with its people and state governments. Establish Justice This refers to making a fair judicial system that involves equality among the people of the United States. This implies keeping the U. Provide for the common defense The next goal is a step up from simply avoiding turmoil — defending the country against any threats that may arise. Promote the general Welfare Examples of this 5th goal being carried out are the regulation of the food and medication sold in the nation, food stamp programs, and making sure that low-income families have a place to call home.
Secure the Blessings of Liberty to ourselves and our Posterity This means to protect the freedoms that the revolution fought for and keeping those alive for the future generation. Bookmark the permalink.
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