The purpose of the preamble is the outline the reasons behind the writing of the U.S. Constitution and the goals of the document. Although the preamble gives useful insight into the framers' intentions, the courts do not use it as a source of rights or powers that are not specifically enumerated in the body of the U.S. Constitution.Know More
Constitutioncenter.org identifies the purpose of the U.S. Constitution as expressed in the preamble to be the creation of a just government, the establishment of peace and the founding of a healthy, free nation. The opening phrase, "We the people," emphasizes that the people and not the government are the sovereign source of political authority.
Wikipedia explains that the preamble is a source of much scholarly attention. The phrases "We the people of the United States" and "to form a more perfect union" have been interpreted as implying that the framers intended the U.S. Constitution as an agreement between the people and not between the states. Accordingly, it does not address actions like secession and state nullification of federal law.
There are notable exceptions to the tendency not to use the preamble in determining court cases. Wikipedia discusses how in the 1996 case of Ellis v. City of Grand Rapids the court decided in favor of eminent domain for the purpose of building a hospital by citing the preamble's express purpose to "promote the general welfare."Learn more about The Constitution
A loose constructionist views the U.S. Constitution as a document whose interpretation should change as society changes, according to Cornell University Legal Information Institute. A Supreme Court Justice with a loose constructionist view analyzes cases under the context of the current societal standards.Full Answer >
The Annenberg Classroom states that the "elastic clause" of the U.S. Constitution gives Congress the power to create any laws required to carry out the responsibilities that are specifically assigned to Congress in Article I, Section 8 of that document. The clause, which comes at the end of that section, has been used several times since it was established, according to the University of Missouri-Kansas City School of Law.Full Answer >
The Preamble to the Constitution mainly serves as an introductory statement that outlines the reasons the U.S. Constitution was written and the values it represents. Although the Preamble provides much meaning to the Constitution, the Supreme Court ruled in 1905 that it has no bearing on law.Full Answer >
Several online sources provide a transcript of the preamble to the United States Constitution, including government-affiliated websites such as the National Archives and Records Administration, or NARA, and the Bureau of International Information Programs under the U.S. Department of State. A digital image of the preamble is also posted on the official website of the Library of Congress.Full Answer >