In the Jacobson case, the Court was relying on caselaw drift

stemming from a legendary 1833 book of commentary on the Constitution by a Justice of the Supreme Court

who dextrously claimed the Preamble is merely introductory to a body that confers powers

(for citation see For the Press).

According to this commentary the Preamble may only be used in court as a sort of expert witness

"to expound the nature and extent and application of the powers actually conferred by the constitution”.

Courts could only refer to the Preamble to resolve questions about the ‘real’ Constitution;

it didn’t do anything. 


This error creates a category of "Semi-Constitution" that the Constitution doesn't claim, create or define.

The Preamble consists entirely of an enacting statement (see Preamble vs Purview).

To negate this a different and lesser legal category

would have to be plainly and expressly created for it in the text.



  • The Framers could have titled it 'the Preamble',

        but they didn't.

       The name 'the Preamble' is not in the Constitution.


  • They could have set a document title

        like 'The Constitution of the United States'

        in a space between the Preamble and Article I

        but they didn't do this either.


  • The Preamble's text refers to "thisConstitution",

        including itself in it

        (not "aConstitution" or "the Constitution" 

        or "the following Constitution"),

        exactly as the Articles do

        when they refer to the whole document.


  • Nowhere does the Constitution call its text

        less legally binding than other text.


  • Its action can't be temporary because  

       the people retain the inalienable right and power 

       to ordain and establish government

       even if this one fails us,

       and its purposes are continuous.


  • And the Supremacy Clause does not exempt it.



Because the Constitution

doesn't create

a 'less-legally-binding' category

for the text of the Preamble

it has the same force of law

as the rest of the text.


The Commentary's assertion is false.

                                                                                                                                                                                                                                                Page 1, The Constitution of the United States of America


Constitution vs Semi-Constitution

first page of the Constitution
horizontal closeup near surface of all-white puzzle with a piece lowering into place casting its shadow below it