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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?
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
"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
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
Everything the left touches it destroys
Re: Preamble ?
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#6636464 10/10/1912:01 AM10/10/1912:01 AM
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.
"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 ?
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#6636539 10/10/1907:19 AM10/10/1907:19 AM
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 ?
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#6636575 10/10/1908:11 AM10/10/1908:11 AM
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.
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.