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Free Books / Society / Law / The Constitutional Law Of The United States / | ![]() |
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19. Resort To The Preamble For Purpose Of Construction |
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This section is from the book "The Constitutional Law Of The United States", by Westel Woodbury Willoughby. Also available from Amazon: Constitutional Law.
The value of the Preamble to the Constitution for purposes of construction is similar to that given to the preamble of an ordinary statute. It may not be relied upon for giving to the body of the instrument a meaning other than that which its language plainly imports, but may be resorted to in cases of ambiguity, where the intention of the framers does not clearly and definitely appear. As Story says: "The preamble of a statute is a key to open the mind of the makers as to the mischiefs which are to be remedied, and the objects which are to be accomplished by the provisions of the statute." 37
Justice Brown in Downes v. Bidwell (182 U. S. 244; 21 Sup. Ct. Rep. 770; 4") L. ed. 1088) says: "The arguments of individual legislators are no proper subject for judicial comment. They are so often influenced by personal or political considerations, or by the assumed necessities of the situation, that they can hardly be considered even as the deliberate views of the persons who make them, much lest as declaring the construction to be put upon the Con- stitutiun by the Courts." (Citing United States v. Union P. R. Co., 91 U S. 72: 23 L. ed. 324.)
36 Benton, Thirty Years' View, I, 329.
Special significance has at various times been attached to several of the expressions employed in the Preamble to the Constitution. These expressions are:
1. The use of the phrase "We, the People of the United States," as indicating the legislative source of the Constitution.
2. The denomination of the instrument as a "Constitution."
3. The description of the federation entered into as "a more perfect Union."
4. The enumeration of "the common defense" and "general welfare "among the objects which the new government is established to promote.
 
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