Constitution Structure and Textual Foundations

Apuntes

The Constitution starts with an introduction, or “Preamble,” which lists the six goals of the People in adopting the Constitution: “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.” Although lofty in tone, the courts mostly have concluded that the language of the Preamble is precatory. In other words, it does not create legal rights, duties, or powers. But the Preamble is still important. For example, it makes clear that the “People” rather than the states adopted the Constitution. We will consider this distinction in cases about the nature of the United States’ sovereignty. 11 Article I Following the Preamble, the Constitution contains seven articles. The first three articles reflect the Framers’ vision that there are three branches of government: the legislative branch, the executive branch, and the judicial branch. Each has its own powers and has some ability to provide checks on the others. But as we will see in Chapter 6, sometimes questions arise about whether one branch is attempting to exercise powers belonging to anot...