The preamble therefore perhaps has a lot to say about how the Constitution is to be interpreted and who has the ultimate power to interpret the Constitution. It enacts a written constitution with everything that is part of it. It describes the purposes for which this document was adopted, which has an impact on the interpretation of specific provisions. And this boldly explains that the document is the adoption of the people and that it remains the property of the people – neither the government nor any branch of it – with the clear implication that we, the people, ultimately remain responsible for the proper interpretation and application of what is ultimately our Constitution. The Court rejected the relevance of the preamble in constitutional decisions. In 1905, at Jacobson v. Massachusetts, the Supreme Court ruled that laws based on the preamble could not be challenged or declared unconstitutional. The Court stated: “Although this preamble indicates the general purposes for which the people ordered and established the Constitution, it has never been considered the source of material power conferred on the Government of the United States or any of its departments.” In the few cases in the last century where the preamble was mentioned, the Court quickly challenged its constitutional relevance. Let us consider two main ways to ensure that the preamble influences the interpretation of the Constitution. First, the preamble states that what is promulgated is “this Constitution” — a term that clearly refers to the written document itself. This is both obvious and extremely important. America does not have an “unwritten Constitution.” Our system is a system of written constitutionalism – the attachment to a single, binding, relevant, written legal text, as the supreme law.
Article 1, Section 2, provides that blacks enslaved in a state are counted as three-fifths of the number of white inhabitants of that state for the purposes of representation in Congress. Article 4, Section 2, contains the fugitive slave clause, which required that a fleeing slave be returned to its owner. In the end, it took civil war and constitutional changes to eliminate slavery. But the racial inequalities that can be attributed to slavery have existed throughout American history and persist to this day. But it`s too easy because sometimes conservatives and progressives justify their positions on the intent of the constitutionalists. . . .