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Preamble ?

Posted By: J Staton

Preamble ? - 10/10/19 01:58 AM

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?
Posted By: James

Re: Preamble ? - 10/10/19 02:15 AM

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
Posted By: Pawnee

Re: Preamble ? - 10/10/19 02:38 AM

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
Posted By: KeithC

Re: Preamble ? - 10/10/19 04:01 AM

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
Posted By: J Staton

Re: Preamble ? - 10/10/19 10:39 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.
Posted By: HobbieTrapper

Re: Preamble ? - 10/10/19 11:06 AM

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
Posted By: loosegoose

Re: Preamble ? - 10/10/19 11:11 AM

"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.
Posted By: warrior

Re: Preamble ? - 10/10/19 11:19 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.
Posted By: Kart29

Re: Preamble ? - 10/10/19 12:11 PM

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.
Posted By: loosegoose

Re: Preamble ? - 10/10/19 01:33 PM

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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