Preamble to the United States Constitution
The handwritten copy of the Preamble to the United States Constitution, engrossed by Jacob Shallus in 1787, begins with the words We the People. This brief introductory statement was placed into the final document during the last days of the Constitutional Convention held at Independence Hall in Philadelphia. Gouverneur Morris, a Pennsylvania delegate, led the Committee on Style which wrote this final draft without prior discussion on the convention floor. Earlier documents like the 1778 Treaty of Alliance with France and the Articles of Confederation referred to people of the various states rather than the unified people of the United States. The change from listing individual states to using the phrase United States of America occurred out of necessity for ratification. The Constitution would go into effect whenever nine popularly elected ratifying conventions approved it, regardless of whether remaining states ratified their approval.
Courts have consistently ruled that the Preamble serves solely as an introduction and does not assign powers to the federal government. In Jacobson v. Massachusetts decided in 1905, Justice Holmes stated that the preamble indicates general purposes but has never been regarded as the source of any substantive power conferred on the government. The Supreme Court in United States v. Boyer in 1898 declared that the preamble can never be resorted to to enlarge powers confided to the general government. No court has ever used the Preamble as a decisive factor in case adjudication except regarding frivolous litigation. Courts treat the document as reliable evidence of the Founding Fathers' intentions regarding what they hoped the Constitution would achieve. Legal scholars note that while courts use interpretive techniques focusing on exact text, they also look at broader efforts to discern meaning from more than just wording. This approach helps identify the spirit of the Constitution alongside its letter.
The phrase United States of America in the Preamble explains the nature of the governmental entity created by the Constitution. In Chae Chan Ping v. United States decided in 1889, the Supreme Court held that the United States consists of only one sovereign nation with respect to foreign affairs. Individual states may not conduct foreign relations even though each state was originally recognized as sovereign unto itself. All powers inherent to sovereignty like declaring war and making treaties belong to the federal government as the country's representative internationally. Domestically this means the federal government may perform acts such as entering into contracts or accepting bonds which are typical of governmental entities but not expressly provided for in laws. The Court has recognized the federal government's supreme power over limited matters entrusted to it through the three coordinate branches of government. These legislative executive and judicial departments function independently yet all actions rightfully done by either branch bind the others under the Constitution.
Because the Constitution represents a general social contract there are limits on individual citizens' ability to pursue legal claims arising from it. Only an individual negatively affected by an unconstitutional statute can challenge its validity in court according to Ala. State Fed'n of Labor v. McAdory decided in 1945. Premier-Pabst Sales Co. v. Grosscup in 1936 required that one striking down a state statute must show the alleged unconstitutional feature injures them specifically. Courts will not consider constitutional questions hypothetically or answer hypothetical threats about constitutionality as established in United Pub. Workers v. Mitchell decided in 1947. Creditors who lose measures of what they are owed when bankrupt debts are discharged cannot claim injury because Congress power to enact bankruptcy laws is inherent in the Constitution. Where the Constitution is legally effective courts hold that it binds only within the United States of America and does not apply to countries outside those limits.
The Preamble confirms that the Constitution was made for and binding only within the United States of America according to Downes v. Bidwell decided in 1901. In re Ross decided in 1891 stated that guaranties against accusation of capital crimes except by indictment apply only to citizens and others within the United States or brought there for trial. Casement v. Squier in 1942 involved a serviceman convicted of murder in China during World War II who claimed unconstitutionally being put on trial without a jury. The court held that since his trial was conducted by an American court and basically fair he was not entitled to specific constitutional right of trial by jury while overseas. Constitutional protections do not extend to residents or temporary sojourners abroad but only to those within the United States or brought there for alleged offenses committed elsewhere. This limitation reflects the understanding that the government created by the Constitution operates solely within its territorial boundaries.
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Common questions
Who wrote the Preamble to the United States Constitution?
Gouverneur Morris, a Pennsylvania delegate, led the Committee on Style which wrote this final draft without prior discussion on the convention floor. Jacob Shallus engrossed the handwritten copy of the document in 1787.
When was the Preamble to the United States Constitution created and placed into the final document?
The brief introductory statement was placed into the final document during the last days of the Constitutional Convention held at Independence Hall in Philadelphia. The handwritten copy was engrossed by Jacob Shallus in 1787.
What legal power does the Preamble to the United States Constitution assign to the federal government?
Courts have consistently ruled that the Preamble serves solely as an introduction and does not assign powers to the federal government. Justice Holmes stated in Jacobson v. Massachusetts decided in 1905 that the preamble indicates general purposes but has never been regarded as the source of any substantive power conferred on the government.
Where does the authority for the phrase People of the United States originate according to Supreme Court rulings?
Sovereignty remains with the people by whom and for whom all government exists and acts as affirmed in Yick Wo v. Hopkins decided in 1886. The Supreme Court in Chisholm v. Georgia in 1793 declared that the people exercised their own rights and proper sovereignty when establishing the Constitution.
Why is the phrase United States of America significant in the Preamble to the United States Constitution?
The phrase explains the nature of the governmental entity created by the Constitution and establishes that the United States consists of only one sovereign nation with respect to foreign affairs. Individual states may not conduct foreign relations even though each state was originally recognized as sovereign unto itself.