This article is written by Anam Siddiqui of BALLB of 3rd Semester of Sadanlal Savaldas Khanna Girls Degree College, Prayagraj , an intern under Legal Vidhya.
Abstract:
This article is going to deal with the preamble of constitution of the United States. A Constitution is a basic law which governs the relationship between government and private individuals. To understand the functioning of governmental organs, its structure, available rights to the American citizens and authorities existing the united state, one had to go through its constitution. Before going through the constitution, one must have to deal with its preamble. Preamble can simply be understood as an introduction of the constitution.
Keywords: Ideology. Constitution, Introductory statement, Federalism, Tranquility, Article of Confederation.
Introduction:
Defining the term Preamble, we can say that it is the basic introduction to the constitution which we are going to through. It lays down the main principles and goal of the constitution.
It is a 52 words introductory statement to the constitution. It signifies the five major goals of the US Constitution.
It is considered as an essential element of the US Constitution because it simply unveils the contention of the constitution makers. It is not the law in itself but an introduction to the supreme law of the country. Is does not signifies any rights of citizens or power of the officials.
A person named Gouverneur Morris is credited for writing the preamble.
We can read the preamble as mentioned below:
“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.”[1]
Major points to be noticed:
- Who is adopting the constitution?
We the People of the United States;
- Why the constitution is being enacted?
In Order to form a more perfect;
- What is being enacted?
Constitution for the United States of America;
- What are the principles mentioned in the constitution?
establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterit.
In the case of Ellis vs City of Grand Rapids (1966), it was held that “promote the general welfare” in the preamble also signifies physical health.
Purpose of preamble:
Preamble is very common which we can see before any legal document.
The preamble is not designed to give an ideological background of the constitution but only to act as an introduction to the themes on which the constitution is based.
The preamble sets the introductory stage of the constitution signifying what is being enacted, who are enacting and why it is being enacted?
It does not signify and specific legal provision or establishment of governments, courts, president etc.
History of US constitution:
Before enactment of the constitution, there existed an Article of Confederation which acted as a foundational document of the nation and it defined framework according to which the government functioned. With the passage of time several problems emerged out and the officials decided to persuade the state to hold a meeting and discuss about the problems and frame a new constitution which includes preamble.
Drafting of preamble:
After the meeting that was held for the discussions, various different committees were formed to deal with the different issues. Edmund Randolph was the one adviced to add a preamble in the constitution. He was of the opinion that by adding a preamble to the constitution we can make it clear that the constitution does not signifies the philosophy but it should be considered as a legal document. They wanted to give a proper justification for replacing Article of Confederation with the constitution. The committee was entrusted with the mission of drafting the preamble.
Gouverneur Morris, the chairman of the Committee of Style, is known for drafting the preamble. It was added at the end of the constitutional convention ion 1787.
The preamble went in controversy at two stages: The Virginia ratifying convention and Bill of rights.
Issues with the preamble:
- The Virginia ratifying convention;
In 1788, The Virginia ratifying convention was held for ratification of the constitution. Some issues were raised with the preamble.
Patrik Henry wanted to maintain the power of the state. As like to the preamble of Article of Confederation he commented that the preamble should include, “we the states” rather than “we the people”.
Comments were also made regarding the unitary and federal power emerging out from the authority of the people.
James Madison argued in The Federalist No. 49 that:
The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived . . . .”[2]
The majority of officials were agreed, so the wordings of preamble remained same as they were created.
- Bill of Rights:
The People who were opposed to federalism wanted a separate list of rights which the government can’t violate. According to those who supported federalism, a separate list of rights was not necessary as it was already embedded in the constitution.
Alexander Hamilton mentioned in The Federalist No. 84:
“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.”[3]
Later on, the need to add a separate list of rights was felt. So, Congress added a Bill of rights by amendment.
Explanation of the Preamble:
The preamble to the constitution consists only of 52 words signifying several things. It was created so precisely but the meaning hidden behind such words is so great.
We the people:
As mentioned, there has been a controversy regarding this point. As concluded, that people are the main authority from where power emerges. It was also noted that, the preamble of the Articles of Confederation includes “we the undersigned Delegates of the States”. So, the problem was solved here.
The phase we the people indicated that the framers argued form democracy but is evident that the makers considered themselves as republicans.
More perfect union:
It is inferred here that the union existed, but this Constitution is adopted in order to make it more perfect. It is a fact that the country was far away from perfection under the Articles of Confederation.
The use of word “union” signifies the view of a marriage between the states to form a new country, with more firm bondings.
Insure Tranquility:
The country was not on the proper track in terms of harmony and tranquility. The financial obligations accompanied with the expenditure of revolutionary wars and no support from the states were getting out of hand.
Farmers and soldiers on a large scale were seen in indulging in violent activities for not being paid for rendering their services in war.
So, solving the increasing problems and encouraging public peace and harmony was one of the main goals of the constitution.
Ordain and establish this Constitution for the United States of America:
These words signifies that it is conventional, solemn and end in itself constitution. At that ancient time, written constitutions were rarely found. For example, England was governed by their traditional documents like Magna Carta which is still not cleared is part of their constitution or not.
The framers of the US Constitution wanted to signify the constitution as an official, legal and conventional document.
It plays a vital role on the protection of rights granted to the citizens and helps if expressing the intensions which were carried by the constitution makers at the time of making the constitution.
Conclusion:
Going through the article, we can conclude to the point that the preamble as well as the constitution of a country plays a vital role in forming the law for the country. The preamble of the US constitution was written in 1787, approved in 1789 and became operational. The preamble to the constitution acts as a gateway which can help an individual to study the constitution is great and all comprehensive manner.
Reference:
- StudySmarter, https://www.studysmarter.co.uk/explanations/politics/foundations-of-american-democracy/preamble-to-the-constitution/#:~:text=We%20the%20People%20of%20the,for%20the%20United%20States%20of , (last visited 23 Nov 2023)
- US Courts, https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/us#:~:text=%22We%20the%20People%20of%20the,for%20the%20United%20States%20of , (last visited 23 Nov 2023)
- UnAcademy, https://unacademy.com/content/railway-exam/study-material/polity/a-short-note-on-the-constitution-of-the-us-and-preamble/ , (last visited 23 Nov 2023)
[1] US Courts, https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/us#:~:text=%22We%20the%20People%20of%20the,for%20the%20United%20States%20of , (last visited 23 Nov 2023)
[2] StudySmarter, https://www.studysmarter.co.uk/explanations/politics/foundations-of-american-democracy/preamble-to-the-constitution/#:~:text=We%20the%20People%20of%20the,for%20the%20United%20States%20of , (last visited 23 Nov 2023)
[3] StudySmarter, https://www.studysmarter.co.uk/explanations/politics/foundations-of-american-democracy/preamble-to-the-constitution/#:~:text=We%20the%20People%20of%20the,for%20the%20United%20States%20of , (last visited 23 Nov 2023)
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