preamble essay example

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Preamble refers to an introductory statement, which in turn describes, or states the reason for, the remaining portion of the document or writing. In the United States, the term preamble is most commonly associated with the introductory section of the U.S. Constitution . Preambles are, however, used at the beginning of other documents, such as charters, constitutions, and legal documents. To explore this concept, consider the following preamble definition.

Definition of Preamble

• A preliminary statement, often used to explain the purpose of a formal document
• An introductory statement or phrase

1350-1400       Middle English  < Latin   praeambulum (“that which walks ahead”)

What is a Preamble

A preamble is an introduction to a bill, statue, constitution, or other legal document. The preamble describes the purpose or objective of the text that follows. Before the term preamble came about, the Greeks used the word prologue to refer to such introductory statements. In fact, the term prologue is still used in reference to introductory sections of books and plays, with the term preamble most commonly associated with legal documents and charters.

Example of a Preamble in the United Nations Charter

When the United Nations was formed in 1945, a 19-chapter charter was created to govern the activities of the alliance. This document contains an excellent example of a preamble, as it clearly outlines the group’s goals, as well as their methods to meet those ends. The Preamble to the United Nations Charter states:

“WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

• to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
• to regain faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
• to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law  can be maintained, and
• to promote social progress and better standards of life in larger freedom,

AND FOR THESE ENDS

• to practice tolerance and live together in peace with one another as good neighbours, and
• to unite our strength to maintain international peace and security, and
• to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
• to employ international machinery for the promotion of the economic and social advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.”

Preamble to the Constitution

The United States Constitution is considered by many people to be one of the most important accomplishments, as colonists came together to map out how the brand new government should govern for the people. This lengthy document begins with a description of the goals of the colonists, and purpose of the document.

The preamble to the Constitution was not drafted until the final days of the Constitutional Convention in 1787. The Preamble to the Constitution is only an introduction, and does not grant any powers to the federal government , nor does it limit governmental action.

The Preamble to the United States Constitution

The Preamble to the United States Constitution is so revered, that middle school students have been required to study and memorize its text for generations.

“We the People of the United States, 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, do ordain and establish this Constitution for the United States of America.”

Each line of the Preamble has meaning, though some have interpreted these differently. Commonly, these important phrases are believed to impart these ideas:

We the People

It is believed that the words “We the People” are carry great weight, as this phrase establishes the fact that the new government would derive its powers directly from the people of the new nation. The phrase “We the People” sets the U.S. Constitution apart from other important documents, including the previously drafted Articles of Confederation , which referred to the “states,” rather than the individual citizens.

In Order to Form a More Perfect Union

Since the signing of the Declaration of Independence on July 4, 1776, the leaders of the new nation endeavored to improve upon the way the government would operation, and from where it would derive its authority. The first attempt at defining this government is found in the Articles of Confederation, which went into effect on March 1, 1781.

The Articles turned to the nine separate states of the time, but the framers of the Constitution desired to more fully unify the colonies and states. The document’s greater purpose is then stated in the phrase “in Order to form a more perfect Union.”

Establish Justice

The Declaration of Independence made the grand statement that “all men are created equal,” and the Preamble’s phrase “establish justice” signifies a beginning to fairness for all. The framers of the Constitution desired that the wealthy and entitled would receive the same judgments and punishments when they violate the law as everyone else.

The framers wanted to put the people’s concerns about injustice and unfairness at ease. They wanted the people to look forward to a just nation where courts and the government were fair to all of its citizens.

Insure Domestic Tranquility

The goal of insuring domestic tranquility answered a long period of social and political unrest in the colonies. The leaders of the time desired to address the concerns of all people, in a hope to quell the habit of taking up arms against unpopular governmental actions. The framers of the Constitution wanted the people to know that tranquility at home was a main concern of the government.

Provide for the Common Defence

Before American colonists took back their independence, the people lived in fear of governmental armies. There was a common belief that armed forces deployed at the behest of the government had the ability to enslave the population. The Preamble’s assurance that the goal of the Constitution was to provide for the defense of all citizens was a necessary reassurance. (Note: “defence” is the British English spelling of “defense.”)

Additionally, the leaders of the burgeoning nation understood that the militias of each individual state had no chance of repelling an attack from other countries. They sought to establish the intent for the states to band together to survive the harsh world and threats of war.

Promote the General Welfare

This phrase endeavored to make it clear that the Constitution’s purpose was to improve the lives of the people, and that there would be no general grant of power to the government. This new concept of government by the people, for the people, required a leap of faith and citizen involvement.

Secure the Blessings of Liberty to Ourselves and Our Posterity

The framers of the Constitution wanted to offer blessings of liberty, in a country where citizens could look forward to being free. This requires the institution of law and order, which is not tyrannical, but governed by the desires and needs of the people as a whole.

Do Ordain and Establish this Constitution for the United States of America

This final clause restates the name of the document that had, as its primary goal, to ensure that the people themselves have control of their nation, and their government.

The Preamble and Judicial Interpretation

In 1966, the City of Grand Rapids Michigan undertook an urban renewal project. The city wanted owners of buildings in a “blighted,” or run-down area of town to sell their properties under eminent domain , so that the properties could be used to build a hospital complex. Under the plan, the properties taken under eminent domain would be conveyed to St. Mary’s Hospital, a Catholic organization, which would build the medical complex.

Michael Ellis, owner of a medical office in the run-down area, filed a lawsuit in civil court, seeking an injunction against the city, claiming that he had been denied his Fourteenth Amendment rights to due process and equal protection. The court, in the lawsuit of Ellis vs. City of Grand Rapids , ruled against Ellis, citing the Preamble to the Constitution, in its decision-making process.

The court recognized that the forefathers were concerned about the health and welfare of the people, as expressed in the Preamble’s statement “promote the general welfare.” The Fifth Amendment to the Constitution requires that property acquired through eminent domain be used for the public benefit. The court further ruled that improving and promoting healthcare was vital to ensuring the people’s pursuit of happiness, stating:

“St. Mary’s Hospital is unquestionably an integral part of the available hospital resources of the city. The City definitely has the right to act in the interest of the general public welfare even if this has the incidental and indirect effect of benefiting a religious interest.”

Supreme Court Rules on Whether the Preamble Grants Governmental Powers

In the late 1800s, vaccinations were mandatory in Sweden, and Henning Jacobson received his smallpox vaccine as a small child there. Jacobson later immigrated to the U.S. About the turn of the century, Jacobson and his wife became distressed to learn that the smallpox vaccine had become mandatory in their state of Massachusetts, because Jacobson himself, and one of their sons, had suffered terrible adverse effects.

The Jacobsons refused to have their other children vaccinated, and were given the prescribed fine of about $5.00, which is about equal to nearly $150 today. Because small pox is a disease that had visited great suffering, and even death, among the people of the time, most Americans were relieved to know that a vaccine had been discovered. When they found out the vaccines would involve having cowpox injected into their bodies with a sharp needle, many people became fearful.

Jacobson took the matter to the courts, claiming that forcing immunizations on people violated their constitutional right to liberty, as granted to him in the Preamble to the Constitution. There were two important questions in this case: (1) whether the Preamble itself had any legal significance, and (2) whether the government has the right to force immunizations, or healthcare in general, on people who do not wish to participate.

In 1905, the U.S. Supreme Court heard the case of Jacobson v Massachusetts , as Henning Jacobson argued that the government does not have the authority to force immunizations on people, as that would violate their right to personal liberty.

During that era, were the leading cause of death among the American people, and attempts to stem the tide were carried out at the local and state levels. No vaccines had yet been created, leaving the officials no choice but to quarantine people who may have been exposed, and to ban potentially disease-carrying ships from entering the harbors. In the late 19th century alone, hundreds of thousands of people suffered and even died from such diseases as smallpox, cholera, typhus, and yellow fever.

No Rights or Powers Granted by the Preamble

After reviewing the evidence in the case, the Supreme Court ruled that the U.S. Government does not receive any of its powers from the Preamble to the Constitution. Any powers assumed by the government must be granted by the Constitution itself, as the Preamble is simply an introduction to the legal document. This also means that no one may base a legal argument on rights supposedly granted to the people by the Preamble.

Jacobson brought up the Fourteenth Amendment, which states:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law …”

The Court acknowledged that forcing people to get vaccinated restricted one aspect of their personal liberty, but ruled in favor of the Massachusetts law. In doing so, the Court discussed two primary rationales:

Public Safety

Because the epidemic of smallpox had been identified as a grave danger to the public’s health, individual rights and liberty became secondary to the government’s obligation to eradicate the disease. Any personal liberties granted by the Constitution cannot be understood to intrude upon the rights and liberties of the people as a whole. In this example, the objection of a few people to mandatory immunization could not be allowed to interfere with attempts to protect the people in general.

The Court ruled that it is indeed within the “police power” of the government, whether at the local, state, or federal level, to enact laws requiring such vaccinations. It further ruled that whether or not vaccination is the best course of action to protect the public from a devastating disease is not for the courts to decide.

Related Legal Terms and Issues

• Amendment – The modification, correction, addition to, or deletion from, a legal document.
• Eminent Domain – The government’s right to expropriate private property for public use upon payment or compensation.
• Injunction – A court order preventing an individual or entity from beginning or continuing an action.
• Police Power – Authority granted by the Tenth Amendment for the government to establish laws, and enforce order, for the good of the health, safety, and general welfare of the people.

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The Preamble to the Constitution: A Close Reading Lesson

The first page of the United States Constitution, opening with the Preamble.

National Archives

"[T]he preamble of a statute is a key to open the mind of the makers, as to the mischiefs, which are to be remedied, and the objects, which are to be accomplished by the provisions of the statute." — Justice Joseph Story, Commentaries on the Constitution

The Preamble is the introduction to the United States Constitution, and it serves two central purposes. First, it states the source from which the Constitution derives its authority: the sovereign people of the United States. Second, it sets forth the ends that the Constitution and the government that it establishes are meant to serve.

Gouverneur Morris, the man the Constitutional Convention entrusted with drafting the final version of the document, put into memorable language the principles of government negotiated and formulated at the Convention.

As Supreme Court Justice Joseph Story points out in the passage quoted above, the Preamble captures some of the hopes and fears of the framers for the American republic. By reading their words closely and comparing them with those of the Articles of Confederation, students can in turn access “the mind of the makers” as to “mischiefs” to be “remedied” and “objects” to be accomplished.

In this lesson, students will practice close reading of the Preamble and of related historic documents, illuminating the ideas that the framers of the Constitution set forth about the foundation and the aims of government.

Guiding Questions

How does the language of the Preamble to the U.S. Constitution reflect historical circumstances and ideas about government?

To what extent is the U.S. Constitution a finished document?

Learning Objectives

Compare the Preamble to the U.S. Constitution with the statement of purposes included in the Articles of Confederation.

Explain the source of authority and the goals of the U.S. Constitution as identified in the Preamble.

Evaluate the fundamental values and principles expressed in the Preamble to the U.S. Constitution.

Lesson Plan Details

The Articles of Confederation was established in 1781 as the nation’s “first constitution.” Each state governed itself through elected representatives, and the state representatives in turn elected a central government. But the national government was so feeble and its powers so limited that this system proved unworkable. Congress could not impose taxes to cover national expenses, which meant the Confederation was ineffectual. And because all 13 colonies had to ratify amendments, one state’s refusal prevented any reform. By 1786 many far-sighted American leaders saw the need for a more powerful central authority; a convention was called to meet in Philadelphia in May 1787.

The Constitutional Convention met for four months. Among the chief points at issue were how much power to allow the central government and then, how to balance and check that power to prevent government abuse.

As debate at the Philadelphia Convention drew to a close, Gouverneur Morris was assigned to the Committee of Style and given the task of wording the Constitution by the committee’s members. Through thoughtful word choice, Morris attempted to put the fundamental principles agreed on by the framers into memorable language.

By looking carefully at the words of the Preamble, comparing it with the similar passages in the opening of the Articles of Confederation, and relating them to historical circumstances as well as widely shared political principles such as those found in the Declaration of Independence, students can see how the Preamble reflects the hope and fears of the Framers.

For background information about the history and interpretation of the Constitution, see the following resources:

• A basic and conveniently organized introduction to the historical context is “ To Form a More Perfect Union ,” available in Documents from the Continental Congress and the Constitutional Convention, 1774–1789 from the Library of Congress .
• Another historical summary is " Constitution of the United States—A History ," available in America's Founding Documents from the National Archives .
• The Interactive Constitution , a digital resource that incorporates commentary from constitutional scholars, is available from the National Constitution Center .
• The American Constitution: A Documentary Record , available via  The Avalon Project at the Yale Law School , offers an extensive archive of documents critical to the development of the Constitution.

This lesson is one of a series of complementary EDSITEment lesson plans for intermediate-level students about the foundations of our government. Consider adapting them for your class in the following order:

• The Argument of the Declaration of Independence
• (Present lesson plan)
• Balancing Three Branches at Once: Our System of Checks and Balances:
• The First Amendment: What's Fair in a Free Country

NCSS. D2.Civ.3.9-12. Analyze the impact of constitutions, laws, treaties, and international agreements on the maintenance of national and international order.

NCSS.D2.Civ.4.9-12. Explain how the U.S. Constitution establishes a system of government that has powers, responsibilities, and limits that have changed over time and that are still contested.

NCSS. D2.His.3.9-12. Use questions generated about individuals and groups to assess how the significance of their actions changes over time and is shaped by the historical context.

NCSS. D2.His.4.9-12. Analyze complex and interacting factors that influenced the perspectives of people during different historical eras.

NCSS. D2.His.5.9-12. Analyze how historical contexts shaped and continue to shape people’s perspectives.

NCSS. D2.His.6.9-12. Analyze the ways in which the perspectives of those writing history shaped the history that they produced.

NCSS. D2.His.14.9-12. Analyze multiple and complex causes and effects of events in the past.

CCSS.ELA-Literacy.CCRA.R.1. Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text.

CCSS.ELA-LITERACY.RH.6-8.2. Determine the central ideas or information of a primary or secondary source; provide an accurate summary of the source distinct from prior knowledge or opinions.

CCSS.ELA-LITERACY.RH.6-8.6. Identify aspects of a text that reveal an author’s point of view or purpose (e.g., loaded language, inclusion or avoidance of particular facts).

CCSS.ELA-LITERACY.RH.6-8.10. By the end of grade 8, read and comprehend history/social studies texts in the grades 6-8 text complexity band independently and proficiently.

The following resources are included with this lesson plan to be used in conjunction with the student activities and for teacher preparation.

• Activity 1. Student Worksheet
• Activity 2. Teachers Guide to the Preamble
• Activity 2. Graphic Organizer

Review the Graphic Organizer for Activity 2, which contains the Preamble to the Constitution along with the opening passages of the Articles of Confederation and the second paragraph of the Declaration of Independence (both from OurDocuments.gov ), and make copies for the class.

Activity 1. Why Government?

To help students understand the enormous task facing the Americans, pose a hypothetical situation to the class:

Imagine that on a field trip to a wilderness area or sailing trip to a small, remote island, you all became stranded without any communication with parents, the school, or other adults and had little hope of being rescued in the foreseeable future. The area where you’re marooned can provide the basic necessities of food, shelter, and water, but you will have to work together to survive.

Encourage students to think about the next steps they need to take with a general discussion about such matters as:

• Are you better working together or alone? (Be open to their ideas, but point out reasons why they have a better chance at survival if they work together.)
• How will you work together?
• How will you create rules?
• Who will be responsible for leading the group to help all survive?
• How will they be chosen?
• How will you deal with people in the group who may not be following the rules?

Distribute the Student Worksheet handout , which contains the seven questions below. [ Note: These questions are related to the seven phrases from the Preamble but this relationship in not given on the handout. ]

Divide students into small groups and have each group brainstorm a list of things they would have to consider in developing its own government. [ Note: You can have all groups answer all seven questions or assign one question for each group.] Ask students to be detailed in their answers and be able to support their recommendations.

• How will you make sure everyone sticks together and works towards the common goal of getting rescued? (form a more perfect union)
• How will you make sure that anyone who feels unfairly treated will have a place to air complaints? (establishing justice) 
• How will you make sure that people can have peace and quiet? (ensuring domestic tranquility) 
• How will you make sure that group members will help if outsiders arrive who threaten your group? (providing for the common defense)
• How will you make sure that the improvements you make on the island (such as shelters, fireplaces and the like) will be used fairly? (promoting the general welfare) 
• How will you make sure that group members will be free to do what they want as long as it doesn't hurt anyone else? (securing the blessing of liberty to ourselves) 
• How will you make sure that the rules and organizations you develop protect future generations? (securing the blessing of liberty to our posterity) 

While students are working in their groups, write or project the following seven headers on the front board in this order:

• Secure the Blessings of Liberty for our Posterity,
• Promote the General Welfare,
• Establish Justice,
• Form a more perfect Union,
• Insure Domestic Tranquility,
• Secure the Blessings of Liberty to Ourselves, and
• Provide for the Common Defense

After the groups have finished discussing their questions, have them meet as a class. First ask them to identify which question (by number) from their handout goes with which section of the Preamble of the U.S. Constitution you’ve listed on the front board. Next, have students share their recommendations to the questions and allow other groups to comment, add, or disagree with the recommendations made.

Exit Ticket:

Encourage class discussion of the following questions:

• Having just released themselves from Britain's monarchy, what would the colonists fear most?
• Judging from some of the complaints the colonists had against Britain, what might be some of their concerns for any future government?

As in the hypothetical situation described above, what decisions would the colonists have to make about forming a new government out of 13 colonies which, until 1776, had basically been running themselves independently?

Activity 2. What the Preamble Says

Review the Teachers' Guide to the Preamble , which parses each of the phrases of the Preamble and contrasts them with the equivalent passages in the Articles and the Declaration. Teachers can use this guide as a source for a short lecture before the activity and as a kind of answer sheet for the activity.

In this activity, students investigate the Preamble to the Constitution by comparing and contrasting it with the opening language of the Articles of Confederation. They will:

• understand how the Preamble of the Constitution (in outlining the goals of the new government under the Constitution) was written with the deficiencies of the Articles of Confederation in mind, aiming to create “a more perfect union,” and
• understand how the Preamble drew its justification from the principles outlined in the Declaration of Independence.

The aim of this activity is to show students, through a close reading of the Preamble, how its style and content reflect some of the aspirations of the framers for the future of republican government in America. 

[ Note: teachers should define “diction,” “connotation,” and “denotation” to the students before beginning to ask students to differentiate between language in the two documents. ]

Distribute copies of the Graphic Organizer and questions to all students and have them complete it in their small groups (or individually as a homework assignment).

Have one or two students or groups of students summarize their conclusions concerning the critical differences between the Articles and the Preamble, citing the sources of these documents as referents.

Have students answer the following in a brief, well-constructed essay:

Using the ideas and information presented in this lesson, explain how the wording and structure of the Preamble demonstrate that the Constitution is different from the Articles of Confederation.

Note: For an excellent example of what can be inferred from the language and structure of the Preamble, teachers should review and model this passage by Professor Garret Epps from “ The Poetry of the Preamble ” on the Oxford University Press blog (2013):

“Form, establish, insure, provide, promote, secure”: these are strong verbs that signify governmental power, not restraint. “We the people” are to be bound—into a stronger union. We will be protected against internal disorder—that is, against ourselves—and against foreign enemies. The “defence” to be provided is “common,” general, spread across the country. The Constitution will establish justice; it will promote the “general” welfare; it will secure our liberties. The new government, it would appear, is not the enemy of liberty but its chief agent and protector.

Students could be asked whether they agree or disagree with the above interpretation. They should be expected to provide evidence-based arguments for their position.

The aspirational rhetoric of the Preamble has inspired various social movements throughout our nation’s history. In particular, two 19th-century developments come to mind: the struggles for abolitionism and women's suffrage. Examples of oratory from each movement are provided below. In response to one of these excerpts, students can write a short essay about how the words of the Preamble affected the relevant movement.

• Students should ascertain what the Preamble meant to the movement and how it was used to make an appeal to the nation. The essay might address the question of how and why those such as Frederick Douglass and Susan B. Anthony, who at their time were excluded from the full range of rights and liberties ensured by the Constitution and the Bill of Rights, responded to the principles expressed in the Preamble.
• Students should then argue either for or against the interpretation of the Preamble advanced in the excerpt, drawing from the knowledge gained in this lesson.

Be sure that the essay has a strong thesis (a non-obvious, debatable proposition about the Preamble) that students support with evidence from the texts used in this lesson.

Example 1. Frederick Douglass, “ What to the Slave is the Fourth of July ?” (1852)

Fellow-citizens! there is no matter in respect to which, the people of the North have allowed themselves to be so ruinously imposed upon, as that of the pro-slavery character of the Constitution. In that instrument I hold there is neither warrant, license, nor sanction of the hateful thing; but, interpreted as it ought to be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT. Read its preamble, consider its purposes. Is slavery among them? Is it at the gateway? or is it in the temple? It is neither.

Example 2. Susan B. Anthony, “ Is It a Crime for a U.S. Citizen to Vote? ” ( 1873)

It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed the Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people—women as well as men. And it is a downright mockery to talk to women of their enjoyment of the blessings of liberty while they are denied the use of the only means of securing them provided by this democratic-republican government—the ballot.

Materials & Media

Preamble close reading: activity 1 student worksheet, preamble close reading: activity 2 graphic organizer, preamble close reading: activity 2 teachers guide, related on edsitement, a day for the constitution, commemorating constitution day, the constitutional convention of 1787.

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The Preamble to the U.S. Constitution summarizes the Founding Fathers’ intention to create a federal government dedicated to ensuring that “We the People” always live in a safe, peaceful, healthy, well-defended—and most of all—free nation.  The preamble states:

“We the People of the United States, 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, do ordain and establish this Constitution for the United States of America.”

As the Founders intended, the Preamble has no force in law. It grants no powers to the federal or state governments, nor does it limit the scope of future government actions. As a result, the Preamble has never been cited by any federal court , including the U.S. Supreme Court , in deciding cases dealing with constitutional issues.

Also known as the “Enacting Clause,” the Preamble did not become a part of the Constitution until the final few days of the Constitutional Convention after Gouverneur Morris, who had also signed the Articles of Confederation , pressed for its inclusion. Before it was drafted, the Preamble had not been proposed or discussed on the floor of the convention.

The first version of the preamble did not refer to, “We the People of the United States…” Instead, it referred to the people of the individual states. The word “people” did not appear, and the phrase “the United States” was followed by a listing of the states as they appeared on the map from north to south. However, the Framers changed to the final version when they realized that the Constitution would go into effect as soon as nine states gave their approval, whether any of the remaining states had ratified it or not.

The Value of the Preamble

The Preamble explains why we have and need the Constitution. It also gives us the best summary we will ever have of what the Founders were considering as they hashed out the basics of the three branches of government .

In his highly acclaimed book, Commentaries on the Constitution of the United States, Justice Joseph Story wrote of the Preamble, “its true office is to expound the nature and extent and application of the powers actually conferred by the Constitution.”

In addition, no less noted authority on the Constitution than Alexander Hamilton himself, in Federalist No. 84, stated that the Preamble gives us “a better recognition of popular rights than volumes of those aphorisms which make the principal figure in several of our State bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government.”

James Madison , one of the leading architects of the Constitution, may have put it best when he wrote in The Federalist No. 49:

[T]he 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 . . . .

While is common and understandable to think of the Preamble as merely a grand rhetorical “preview” of the Constitution, with no without meaningful effect, this is not entirely the case. The Preamble has been called the “Enacting Clause” or “Enabling Clause” of the Constitution, meaning that it confirms the American peoples’ freely agreed-to adoption of the Constitution—through the state ratification process—as the exclusive document conferring and defining the powers of government and the rights of citizens. However, the Framers of the Constitution clearly understood that in the legal context of 1787, preambles to legal documents were not binding provisions and thus should not be used to justify the expansion, contraction, or denial of any of the substantive terms in the remainder of the Constitution.

Most importantly, the Preamble confirmed that the Constitution was being created and enacted by the collective “People of the United States,” meaning that “We the People,” rather than the government, “own” the Constitution and are thus ultimately responsible for its continued existence and interpretation. 

Understand the Preamble, Understand the Constitution

Each phrase in the Preamble helps explain the purpose of the Constitution as envisioned by the Framers.

‘We the People’

This well-known key phrase means that the Constitution incorporates the visions of all Americans and that the rights and freedoms bestowed by the document belong to all citizens of the United States of America.

‘In order to form a more perfect union’

The phrase recognizes that the old government based on the Articles of Confederation was extremely inflexible and limited in scope, making it hard for the government to respond to the changing needs of the people over time. 

‘Establish justice’

The lack of a system of justice ensuring fair and equal treatment of the people had been the primary reason for the Declaration of Independence and the American Revolution against England. The Framers wanted to ensure a fair and equal system of justice for all Americans.

‘Insure domestic tranquility’

The Constitutional Convention was held shortly after Shays’ Rebellion , a bloody uprising of farmers in Massachusetts against the state caused by the monetary debt crisis at the end of the Revolutionary War. In this phrase, the Framers were responding to fears that the new government would be unable to keep peace within the nation’s borders.

‘Provide for the common defense’

The Framers were acutely aware that the new nation remained extremely vulnerable to attacks by foreign nations and that no individual state had the power to repel such attacks. Thus, the need for a unified, coordinated effort to defend the nation would always be a vital function of the U.S. federal government .

‘Promote the general welfare’

The Framers also recognized that the general well-being of the American citizens would be another key responsibility of the federal government.

‘Secure the blessings of liberty to ourselves and our posterity’

The phrase confirms the Framer’s vision that the very purpose of the Constitution is to protect the nation’s blood-earned rights for liberty, justice, and freedom from a tyrannical government.

‘Ordain and establish this Constitution for the United States of America’

Simply stated, the Constitution and the government it embodies are created by the people, and that it is the people who give America its power.

The Preamble in Court

While the Preamble has no legal standing, the courts have used it in trying to interpret the meaning and intent of various sections of the Constitution as they apply to modern legal situations. In this way, courts have found the Preamble useful in determining the “spirit” of the Constitution.

Since the Constitution's enactment, the Supreme Court of the United States has cited the Preamble in several important decisions. However, the Court largely disclaimed the legal importance of the Preamble in making those decisions. As Justice Story noted in his Commentaries, “the Preamble never can be resorted to, to enlarge the powers confided to the general government or any of its departments.”

The Supreme Court subsequently endorsed Justice Story's view of the Preamble, holding in Jacobson v. Massachusetts that, "while the Constitution's introductory paragraph indicates the general purposes for which the people ordained and established the Constitution, it has never been regarded by the Court as the source of any substantive power conferred on the federal government.” While the Supreme Court has not viewed the Preamble as having any direct, substantive legal effect, the Court has referenced its broad general rules to confirm and reinforce its interpretation of other provisions within the Constitution. As such, while the Preamble does not have any specific legal status, Justice Story's observation that the true purpose of the Preamble is to enlarge on the nature, and extent, and application of the powers actually conferred by the Constitution.

More broadly, while the Preamble may have little significance in a court of law, the preface to the Constitution remains an important part of the nation's constitutional dialogue, inspiring and fostering broader understandings of the American system of government.

Whose Government is it and What is it For?

The Preamble contains what may be the most important three words in our nation’s history: “We the People.” Those three words, along with the brief balance of the Preamble, establish the very basis of our system of “ federalism ,” under which the states and central government are granted both shared and exclusive powers, but only with the approval of “We the people.”

Compare the Constitution’s Preamble to its counterpart in the Constitution’s predecessor, the Articles of Confederation. In that compact, the states alone formed “a firm league of friendship, for their common defense, the security of their liberties, and their mutual and general welfare” and agreed to protect each other “against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.”

Clearly, the Preamble sets the Constitution apart from the Articles of Confederation as being an agreement among the people, rather than the states, and placing an emphasis on rights and freedoms above the military protection of the individual states. 

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