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TEXT



''We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,'''' promote the general welfare, and secure the Blessings of Liberty, to ourselves and Posterity, do ordain and establish this Constitution for the United States of America.''



ANNOTATIONS


While the preamble technically does not assign any powers to any department of the national government, the Supreme Court has cited the preamble to consider the history, intent and meaning of various clauses elsewhere in the Constitution. As Joseph Story said in his ''Commentaries'', "Its true office is to expound the nature and extent and application of the powers actually conferred by the Constitution, and not substantively to create them. For example, the preamble declares one object to be, 'to provide for the common defense.' No one can doubt that this does not enlarge the powers of Congress to pass any measures which they deem useful for the common defence. But suppose the terms of a given power admit of two constructions, the one more restrictive, the other more liberal, and each of them is consistent with the words, but is, and ought to be, governed by the intent of the power; if one could promote and the other defeat the common defence, ought not the former, upon the soundest principles of interpretation, to be adopted?"


NOTES