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September 17, 1787

Preamble frames federal power and constitutional purposes

Reason Magazine
U.S. Census Bureau
Economic Policy Institute
SCOTUSblog
Center on Budget and Policy Priorities
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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.

📜Constitutional Law📚Historical Precedent

People, bills, and sources

Gouverneur Morris

Pennsylvania delegate and Committee of Style chairman

James Madison

James Madison

Virginia delegate and primary Constitution architect

James Wilson

Pennsylvania delegate and early Supreme Court Justice

Chief Justice John Jay

First Chief Justice of the United States

What you can do

1

research

Read the Preamble in context with Article I powers

The Preamble's goals only gain legal force through the Constitution's operative clauses. Understanding how the Spending Clause, Commerce Clause, and Necessary and Proper Clause interact with Preamble purposes shows how Congress justifies major programs.

2

research

Track how legislators invoke the Preamble

When Congress debates spending bills, members often cite 'promote the general Welfare' to justify programs. Watch floor debates on C-SPAN to see how the Preamble frames policy arguments.

3

civic action

Visit the National Archives to see the original document

The original Constitution with the Preamble is on display at the National Archives in Washington, D.C. Seeing the document Morris drafted connects you to the physical history of American democracy.