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many sources, and I think they went to my suggested
premable and took the last phrase out of it for the com-
mittee recommendation. They went to a great many sources,
lifted a number of high-sounding phrases, and put them
into a premable. I don't think that that is the way that a pre-
amble ought to be drafted. Let me suggest to you that the
preamble should serve the following purposes:
First, it should contain a declaration of
purpose, a declaration of purpose:
Why do we make this Constitution? That is the
reason that a preamble prefaces the Constitution.
Second, it should permit the courts and legisla-
ture to determine our intent. It is like the whereas
clauses in a contract; and when a given legislative enact-
ment or a given legislative problem is to be considered
and construed, the courts should look to the preamble to
determine the proper construction to be given. I suggest that a clear, consistent meaningful
statement of constitutional philosophy is desirable in a
preamble, and I believe that the preamble that I have |