Question

The preamble has been called the enacting clause or enabling clause of the constitution,meaning that it confirms the american peoples freely aggreed to adoption of the constitition through the state ratification process as the exclusive document conferring and defining the powers of government and the rights of citizens

Answer 1

The Preamble to the United States Constitution sets the foundation for American governance, expressing the principle of popular sovereignty and outlining the new government's goals. It served as an enabling clause during the ratification process, which was vigorously debated between Federalists and Antifederalists. The Constitution established a balance of powers and allowed for the expansion of congressional powers through the 'necessary and proper' clause.

Step-by-step explanation:

The Importance of the Preamble

The Preamble to the United States Constitution, which begins with the iconic phrase "We the People," serves as an introduction to the Constitution and outlines the philosophies and goals of the new government established in 1787. It is a testament to the principle of popular sovereignty, emphasizing that all government power is derived from the consent of the governed.

By stating purposes such as forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty, the Preamble sets forth the aspirations the framers had for the nation.

Additionally, with the adoption and ratification of the Constitution by the states, the Preamble served as a sort of "enabling clause," validating the new legal and political framework. The document prioritizes a balance of power between the three branches of government—legislative, executive, and judicial—and between the national government and the states, an arrangement that features prominently in the subsequent seven articles and is supplemented by the Bill of Rights and further amendments.

This intricate system of checks and balances ensures no single branch grows too powerful, and the supremacy clause establishes that federal law supersedes state law in the event of a conflict.

The ratification process itself, outlined in Article VII, emphasized the federal nature of the government, despite debates and arguments presented by both Federalists and Antifederalists. Ultimately, the Constitution was ratified by the required number of states, and the newly formed government was endowed with significant but enumerated powers, with provisions for expanding those powers as necessary under the "necessary and proper" clause.