The Preamble’s implied bright-line rule: Public conduct must be free from influence by private transaction, whatever its intent.

A Bright-Line Rule for Public Conduct


While the Journals clause and the Statements and Accounts clause are the only places where the Constitution addresses self-governance information directly, the Preamble implies a bright-line rule, a check on private power.


The Preamble (proposed for restoration, see Restoring the Preamble):

"We the People of the United States,

in Order to form a more perfect Union,

establish Justice,

insure domestic Tranquillity,

provide for the common defence,

promote the general Welfare,

and secure the Blessings of Liberty to ourselves and our Posterity,

do ordain and establish this Constitution for the United States of America." 


Elections are public self-governance conduct, the way we ordain and establish government. Voting is public conduct. Political speech, running for office, or associating for a march or rally are public conduct. Their free and aggregate nature can be seen. Private transaction is private conduct.

Private conduct may not interfere with the public interest,

especially a vital public interest like self-governance(see Public vs Private Conduct).


  • Electoral contributions and expenditures use private transaction to influence an election’s outcome. Any private transaction that can influence the outcome of an election interferes with the public’s ability to ordain and establish government, a vital public interestand an inalienable right we assert in the Preamble.


  • And private transaction to benefit a candidate can influence that candidate if elected. Any private transaction that can influence public officer conduct interferes with that government's ability to establish justice, a vital public interest and a right we assert in the Preamble. 


  • Finally, in the Preamble we grant the Constitution sole authority to delegate rights and powers to government officers to perform their public functions. This isn’t a simple administrative authority. Public officers may not abdicate or exchange these delegated public rights and powers, although the people can take them back. Any private transaction that can affect the composition of government or the use of delegated public powers interferes with the Constitution’s action as the people's instrument for expressing and carrying out the public interest. 


The Preamble’s implied bright-line rule is neither vague nor difficult to enforce:

Public conduct must be free from influence by private transaction,

whatever its intent. 

The public conduct of ordaining and establishing United States government by election, and the public conduct of governing the direction of the exercise of United States offices, must be solely financed by the United States. 


Amendment XXVIII, (proposed), Section 1:

"The people of the United States

will ordain and establish United States government under this Constitution,

and the United States will fund and certify self-governance during a period set by Congress,

uniform throughout the States,

preceding any vote in an election, appointment or Act."


Amendment XXVIII, (proposed), Section 5:

“The United States will fund the direction of exercise of its offices.”


Implied rules are real. The Supreme Court’s authority to interpret the Constitution is implied.

So, to restore the Preamble’s full legal force (see Restoring the Preamble) would technically invalidate private campaign financing - but expressing and detailing the rule will work better than implying it.