Why Care About the Preamble to the Bill of Rights?

The Preamble establishes the reason for the existence of a given document. It establishes context of the document and is foundational to properly understand and interpret the document. It gives us the Who, the What, and the Why behind the creation of the document.

The Preamble to the American Bill of Rights, for example, details why the US Founding Fathers believed the document to be necessary and states the thesis of the document:

“THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution…”

Who called for its authorship? The representatives of the States.

Why did they believe it to be necessary? “… to prevent misconstruction or abuse of its powers… [and to] extend[ing] the ground of public confidence in the Government..” They believed the US Constitution didn’t go far enough to protect the God-given rights of citizens, especially in light of the creation of a standing army, which several of the Founders had previously observed, was, historically, always eventually used as a weapon against the people.

For what purpose was the document written according to the Preamble? To add “… further declaratory and restrictive clauses…” to our Constitution. In other words, the limit the authority and reach of the US federal government.

If you take the resulting Amendments to the Constitution that comprise the Bill of Rights out of this context, you can justify alternate understandings.

So, for instance, the US courts have concluded that the Second Amendment, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed," applies to a standing army. But if the bill of Rights was intended to restrict the government and limit its authority, how can this be? The standing army must follow the orders of the Commander in Chief and carry out the wishes of the federal government. In what way does this restrict the government? It doesn’t. So given the context established by the Preamble, the Second Amendment must, of necessity, apply to another entity - the Citizen Militia. The Citizen Militia exists to act as a counter-balance to the federal government, to act if the government becomes tyrannical.

By taking the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” out of the context established by the Preamble, courts have determined that the government IS permitted to conduct warrantless surveillance of our citizens. The purpose of the Fourth Amendment was to make it more difficult for the government to conduct searches, surveillance, and seizure - not less. So given the context established by the Preamble, there is no enumerated right or exception under which the government is permitted to conduct ANY kind of search or surveillance on citizens unless ALL of the requirements outlined in the Fourth Amendment are met.

These are just two examples.

The Preamble, then, is critical to a proper understanding of the resultant document; ignore it, and anything can be justified.