1. The Preamble of the Constitution declares the enactment of "this Constitution" by "We the People of the United States," which has significant implications for constitutional interpretation and application.
2. The Preamble specifies that what is being enacted is a written document, which defines the territory and boundaries of legitimate constitutional argument.
3. The Preamble has important implications for who has the ultimate power of constitutional interpretation, as none of these institutions of government is superior to the ultimate power of the people to adopt, amend, and interpret what is, after all, the Constitution ordained and established by “We the People of the United States.”
The article provides a detailed analysis of the Preamble of the US Constitution and its implications for constitutional interpretation. The author argues that the Preamble declares the enactment of "this Constitution" by "We the People of the United States," which has significant consequences for how the Constitution is to be interpreted and applied, as well as who has the power of constitutional interpretation.
The article presents two big-picture ways in which the Preamble affects how the Constitution is to be interpreted. First, it specifies that what is being enacted is "this Constitution," which refers to the written document itself. This means that America has no "unwritten constitution," and adherence to a single, binding, authoritative, written legal text as supreme law defines the territory and boundaries of legitimate constitutional argument.
Second, by stating the purposes for which the Constitution has been enacted, the Preamble might exert a very gentle interpretive "push" as to the direction in which a specific provision of the Constitution should be interpreted in a close case. The provisions that follow should be interpreted in a fashion consistent with their purposes.
The article also notes that while courts legitimately possess the province of constitutional interpretation in cases that come before them, other branches of government possess a like responsibility of faithful constitutional interpretation. None of these institutions of government created or recognized by the Constitution is superior to it or possesses ultimate power over its interpretation.
Overall, this article appears to provide an objective analysis of how the Preamble affects constitutional interpretation. However, it could benefit from exploring counterarguments or potential biases in interpreting specific provisions based on their stated purposes. Additionally, while it notes that none of these institutions are superior to We The People's ultimate power over interpreting and applying our Constitution, it does not explore potential risks or challenges associated with such an approach.