To: inquest
Why should the Preamble count for less than the rest of the Constitution?
To: Non-Sequitur
The Preamble contains no commands of any kind. It requires nothing, it prohibits nothing. It's only an explanation of why the Constitution is being adopted. Further, it speaks only in the vaguest, most subjective terms, such that it essentially says nothing of legal significance. One should therefore be wary of using it even as an aid in construction of the Constitution's enumerated powers. But to cite it and it alone as a basis for a particular ruling, suggests either gross judicial incompetence, or a desperate attempt to find any excuse whatever for a preconceived ruling. The Chase court didn't appear to me to be incompetent, so I guess that narrows it down some.
56 posted on
10/21/2002 7:10:22 PM PDT by
inquest
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