Misunderstanding the Preamble to the Constitution
It seems to me that after years and years of government-run education, people in this country just can’t understand that everything – in some way – in the Constitution, was meant as a way to limit government power. Not the other way around.
Take this common view of the preamble:
The entire history of the legal system supports the notion that the material in the preamble to the constitution lays out what the legitimate functions of the Federal government are.
I’d be interested in knowing what court rulings this blogger was referring to, because Constitutionally, that statement couldn’t be more wrong.
The preamble lays out the intentions or the reasons for the Constitution. It does not grant one ounce of power to the federal government.
All the “legitimate functions” of the federal government – which, according to the Founders would fulfill the intentions of the preamble – are in the Constitution itself.
The short of it? While the Preamble does refer to the “general Welfare,” promoting it is limited to those powers delegated to the federal government in the Constitution.