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Preamble ? #6636379
10/09/19 09:58 PM
10/09/19 09:58 PM
Joined: Aug 2012
Posts: 3,832
Arkansas
J
J Staton Offline OP
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J Staton  Offline OP
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J

Joined: Aug 2012
Posts: 3,832
Arkansas
Seeing as there are many on here who seem to have knowledge of the U.S. Constitution and Constitutional law, I have a question to ask. Is the preamble of the U.S. Constitution considered to be a part of the Constitution and have the same legal intent/precedence as the body of the Constitution?


Romans 8: 38-39
Re: Preamble ? [Re: J Staton] #6636393
10/09/19 10:15 PM
10/09/19 10:15 PM
Joined: Dec 2006
Posts: 12,450
Anchorage, Alaska
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James Offline
"Minka"
James  Offline
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Anchorage, Alaska
No, the preamble doesn't have legal force. It provides background information that can aid the interpretation of the clauses that follow, which do have legal force. It's the same as for other legal documents, I believe.

Jim


Forum Infidel since 2001
Re: Preamble ? [Re: James] #6636410
10/09/19 10:38 PM
10/09/19 10:38 PM
Joined: Dec 2017
Posts: 1,142
Kansas
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Pawnee Offline
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Kansas
Originally Posted by James
No, the preamble doesn't have legal force. It provides background information that can aid the interpretation of the clauses that follow, which do have legal force. It's the same as for other legal documents, I believe.

Jim


James and I agree on something. Well said Jim


Hal is my Hero
Re: Preamble ? [Re: J Staton] #6636464
10/10/19 12:01 AM
10/10/19 12:01 AM
Joined: May 2009
Posts: 5,260
Champaign County, Ohio.
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KeithC Offline
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Champaign County, Ohio.
Thanks to this School House Rock Video, I first watched in the seventies, I know the Preamble by heart.



We need more videos like this now for American children to watch.

Keith

Re: Preamble ? [Re: J Staton] #6636514
10/10/19 06:39 AM
10/10/19 06:39 AM
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Arkansas
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J Staton Offline OP
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Arkansas
Thanks James. Always wondered how certain laws were considered constitutionally sound, when the preamble suggest that they aren't. Securing the blessings of liberty to Posterity is what I'm referring too.


Romans 8: 38-39
Re: Preamble ? [Re: KeithC] #6636531
10/10/19 07:06 AM
10/10/19 07:06 AM
Joined: Dec 2008
Posts: 12,934
Eastern Shore of Maryland
HobbieTrapper Offline
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Joined: Dec 2008
Posts: 12,934
Eastern Shore of Maryland
Originally Posted by KeithC
Thanks to this School House Rock Video, I first watched in the seventies, I know the Preamble by heart.



We need more videos like this now for American children to watch.

Keith


Tranquility


"Forgiveness".......because there is no Time Machine.

-Goofy-
Re: Preamble ? [Re: J Staton] #6636536
10/10/19 07:11 AM
10/10/19 07:11 AM
Joined: Jun 2018
Posts: 1,386
Beatrice, NE
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loosegoose Offline
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Beatrice, NE
"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. "

My understanding is that this is an explanation of why they wrote everything that follows. It's an introduction of sorts. So logically, everything that follows should be interpreted in light of the introduction, even though the introduction itself holds no force.

Re: Preamble ? [Re: J Staton] #6636539
10/10/19 07:19 AM
10/10/19 07:19 AM
Joined: Jan 2007
Posts: 8,271
Georgia
warrior Offline
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Georgia
A preamable is an introductory or prepatory clause that establishes the intent and purpose of the document to follow. The "show cause" of the document, if you will.

In this case I can't think a more noble cause.

Re: Preamble ? [Re: J Staton] #6636575
10/10/19 08:11 AM
10/10/19 08:11 AM
Joined: Jan 2007
Posts: 1,444
Hancock Co., Indiana
Kart29 Offline
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Hancock Co., Indiana
It seems like I've often heard the phrase "to promote the general welfare" used as an excuse for why the federal government has authorization to use its power in areas where it is not specifically authorized by the constitution.


What from Christ that soul can sever,
Bound by everlasting bands?
None shall take thee
From the Strength of Israel's hands.

Re: Preamble ? [Re: Kart29] #6636628
10/10/19 09:33 AM
10/10/19 09:33 AM
Joined: Jun 2018
Posts: 1,386
Beatrice, NE
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loosegoose Offline
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Joined: Jun 2018
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Beatrice, NE
Originally Posted by Kart29
It seems like I've often heard the phrase "to promote the general welfare" used as an excuse for why the federal government has authorization to use its power in areas where it is not specifically authorized by the constitution.

Article 1 section 8 gives congress the power to lay and collect taxes to promote the general welfare. But general welfare implies things that benefit everybody, not just certain groups of people.

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