The Importance of the Preamble - “We the People” are Sovereign [No. 86]

The preamble to the US Constitution is significant because it begins with the words, "We the


And it says, "We the people do ordain and

establish this Constitution ... " And by doing that, the Constitution makes it clear that

sovereignty under the Constitution rests with, "We the people of the United States," who

can only amend the Constitution in a very special, and complicated way, which is set

out in Article V, providing for constitutional amendments.

The notion of popular sovereignty expressed in a preamble was revolutionary in 1787.

There had been a prior document that governed the 13 colonies as loose treaty organization,

and the preamble of that document read, "The states of New Hampshire, Massachusetts, Rhode

Island, Connecticut ... " et cetera, et cetera, "Do hereby ordain and establish these Articles

of Confederation."

Under the Articles of Confederation the preamble made it clear that each of the 13 states were

separate sovereigns, and that the Constitution was established by the 13 states.

The American Constitution departs deliberately from that, and it says that, "We the people

of the United States are sovereign.

And so, the power of the national government flows directly from the American people to

the Constitution, and the parts of the government that the Constitution sets up.

The popular pre-sovereignty of the Preamble is tremendously important, not only because

it rejects the compact of states' idea of the Articles of Confederation, but it also

rejects the mixed regime of the British constitution and places sovereignty in we, the people of

the United States, who can only act to amend the Constitution by two-thirds of both Houses

of Congress and three-quarters of the states, and ordinary acts of Congress signed by the

President are not acts of the sovereign people, so the Supreme Court or the lower federal

courts or even the state courts can set them aside if they're unconstitutional.