September 17, 1787
Preamble frames federal power and constitutional purposes
Gouverneur Morris drafted the Preamble's six purposes for the new government
September 17, 1787
Gouverneur Morris drafted the Preamble's six purposes for the new government
The Preamble lists six explicit purposes: 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. These goals guide interpretation of the Constitution's operative clauses.
Gouverneur Morris led the Committee of Style and drafted the Preamble's final wording. He changed 'We the People of the States' to 'We the People of the United States,' advancing his nationalist vision for a stronger federal government.
Convention delegates signed the final Constitution on September 17, 1787, at Independence Hall in Philadelphia. New Hampshire became the ninth state to ratify on June 21, 1788, making the document effective among the states.
The Supreme Court has made clear for over a century that the Preamble doesn't confer enforceable powers or private rights. Real power must come from the Constitution's operative clauses. Courts may cite the Preamble when interpreting ambiguous provisions, but no court has used it as a decisive factor.
In Chisholm v. Georgia (1793), Justice James Wilson and Chief Justice John Jay relied on the Preamble to support jurisdiction over Georgia. Jay cited 'We the People' and 'establish Justice' to conclude federal courts could hear cases between states and citizens of other states.
Morris was a nationalist champion of powerful federal government. In 1802, Senator Morris argued the Preamble barred Jefferson's attempt to eliminate federal appeals courts. Federalists argued the Preamble combined with the Necessary and Proper Clause made the Bank of the United States constitutional.
The phrase 'promote the general Welfare' in the Preamble doesn't by itself authorize unlimited federal spending. The Supreme Court in Helvering v. Davis (1937) affirmed Congress's spending discretion but ruled the Preamble alone isn't a grant of power. Legal scholars treat spending power as constrained by text and precedent.
The Preamble says 'provide for the common Defence'—why does the Pentagon get $852 billion in 2025 while 27 million Americans lack health insurance?
The Preamble promises to 'secure the Blessings of Liberty'—why did Black unemployment hit 10.3% in DC while white unemployment was 3.4% in Q2 2025?
Can presidential pardons block state prosecutions for police killings?
The Preamble says Congress can spend money to 'provide for the general Welfare'—what stops Congress from funding pet projects?
The Preamble promises to 'secure the Blessings of Liberty'—why did Shelby County v. Holder gut the Voting Rights Act in 2013, opening the door to voter suppression?
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