Preamble to the Constitution

Preamble to the Constitution Text

Below is the text of the preamble:

A detailed view of the original first phrase of the preamble to the Constitution. Source: Wikimedia Commons Author, Hidden Lemon, PD-

Preamble to the Constitution: Goals

The preamble wasn't intended to provide a philosophical backdrop for the provisions in the Constitution, but to provide a brief statement introducing the Constitution and its themes.

Preambles were very common on legal documents at the time. Some were simple, stating the title of the document and who authorized it.

Other preambles had more weight behind them. They added important wording that indicated the tone and direction of the following document.

Enacting Clause

Another important goal of the preamble is what we call the "enacting clause." Even though the preamble doesn't give the government any specific powers or rights, it does have some legal importance because it establishes the enactment of the Constitution.

Purpose of the Preamble to the Constitution

The purpose of the preamble to the Constitution is to set the stage and introduce the Constitution. It helps answer the who (We the People), what (do ordain and establish this Constitution for the United States of America) and why (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).

The preamble does not provide substantive legal provisions. That means that most of the important "stuff" (like the establishment of the Supreme Court, Congress, and the Presidency) is in the actual body of the Constitution - not in the preamble! However, that hasn't stopped the preamble from being a part of some important court cases.

While the preamble doesn't have the force of law like the rest of the Constitution does, it's important because it sets the tone for the Constitution and gives us insight into the framers' intentions.

Historical Background

The Constitution was drafted during the Constitutional Convention in 1787. Prior to the Constitution, the Articles of Confederation had served as the foundational document and governmental framework. However, the Articles of Confederation had significant problems that were starting to pull the new country apart. So, several delegates convinced the states to meet for a convention to address the problems in the Articles and develop a new constitution, including the preamble. For more historical context, check out the Articles of Confederation and the Constitutional Convention!

Drafting of the Preamble

The Constitutional Convention created several different committees to work on different aspects of the Constitution. For the first two months, no one mentioned a preamble. When Edmund Randolph suggested they add a preamble, he made it clear that the preamble should reflect the fact that the Constitution was a legal document, not a philosophical one. They just wanted a succinct explanation as to why the Constitution was replacing the Articles of Confederation - not an eloquent statement of philosophy. They tasked the Committee of Style with preparing a draft preamble.

Gouverneur Morris, chair of the Committee of Style, is credited with drafting the preamble. While there was little debate about the preamble at the Constitutional Convention, it became a point of contention when the Constitution went to the states for ratification between 1787 and 1789.

States vs. the People

The Virginia ratifying convention in 1788 (when the Virginia delegation was deciding whether they would ratify the Constitution) brought up some issues with the preamble. Specifically, Patrick Henry didn't like that the preamble cited "we the people" instead of "we the states." Anti-federalists like Patrick were concerned with maintaining state power, so they felt like the preamble should reference the states, similar to the preamble to the Articles of Confederation. Other delegates made the argument that state power and federal power ultimately come from the authority of the people. James Madison argued in The Federalist No. 49 that:

The majority of delegates agreed, so the original wording stayed.

The Virginia Ratifying Convention was held in this building in Richmond in 1788. Source: Wikimedia Commons, Author: Unknown, CC-PD-Mark

Bill of Rights Debate

The Bill of Rights was another major debate during the Constitutional Convention. The anti-federalists wanted to include a Bill of Rights so that it was clear which rights the government couldn't violate. The federalists thought that including a separate list of rights wasn't necessary because it was already implied in the Constitution. Alexander Hamilton argued in The Federalist No. 84 that the phrase "to secure the blessings of liberty to ourselves and our posterity" in the preamble was "a better recognition of popular rights, than volumes of those aphorisms which make the principal figure in several of our state bills of rights."

Several states felt that the preamble was not sufficient for protecting rights, so Congress agreed to add a Bill of Rights as an amendment.

A copy of the Federalist Papers, which argued in favor of a strong constitution with a central government. Source: Wikimedia Commons Author: John Jay, Alexander Hamilton, James Madison, CC-PD-

Preamble to the Constitution Explained

The preamble to the Constitution was intended to address several things. The statement is so brief that you might not realize the specific intentions behind each of the phrases!

We the People

This was an important phrase for a few reasons. As noted earlier, there was already some debate about whether the ultimate authority came from the people or from the states. But there was another practical reason for this wording.

The preamble to the Articles of Confederation says "we the undersigned Delegates of the States affixed to our Names" followed by a list of the 13 colonies. The delegates at the Constitutional Convention weren't so sure that all of the states would sign, so they didn't want to name each state. The phrase "we the people" avoided the problem altogether.

Sometimes people think that the phrase "We the people" shows that the framers were making an argument for democracy. However, most of the framers would have considered themselves republicans. Even though we don't have much evidence that the phrase was referencing democracy, we do know that they decided that the ultimate authority for the Constitution came from the people.

More Perfect Union

This phrase is usually interpreted as a nod to the Articles of Confederation. It implies that the union exists, but the Constitution is intended to make it even more perfect. We know that the country was far from perfect under the Articles of Confederation!

The Articles called for a "firm league of friendship" between the states. The word "union" highlights the idea of a marriage between the states to form a new country, showing their desire for a much stronger bond than what they had under the Articles.

Insure Tranquility

The new country wasn't doing too well in terms of peace and tranquility. The debt crisis, fueled by the expenses of the Revolutionary War and the lack of contribution from the states, was spiraling out of control. Shays's Rebellion saw thousands of farmers and former soldiers engaging in a violent conflict over not being paid for their service in the war and facing debt collectors of their own. This phrase highlights one of the important goals of the Constitution: to address the growing conflicts and unrest and encourage peace and prosperity in the country.

A depiction of protesters attacking a tax collector during Shays's Rebellion. Source: Wmpetro, CC-BY-SA-4.0, Wikimedia Commons

Ordain and establish this Constitution for the United States of America

This phrase clarifies that it is a formal, official, end-all-be-all Constitution. Official, written constitutions weren't common at the time. Countries like England operated with a series of traditions and documents. For example, the Magna Carta was considered by some to be a constitution, but it was already centuries old, and debatable as to whether or not it was truly a constitution. A convention where delegates came together to debate and prepare a written constitution hadn't been done before, so the framers wanted to clearly establish the status of the document as an official constitution.