The_Dunedan

The bigger question is this:

Since the phrase "promote the general welfare" appears in the Preamble, and not in the Body of the document in question, does it carry any legal weight? Black's Law Dictionary says no:

Preamble. A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished. Generally, a preamble is a declaration by the legislature of the reasons for the passage of the statue and is helpful in the interpretation of any ambiguities within the statute to which it is prefixed. Griffith v. New Mexico Public Service Comm., 86N.M 113, 520 P2d 269, 271 It has been held however to not be an essential part of act, and neither enlarges nor confers powers.

The underlined portion at the end is my emphasis. Read that again; nothing in a Preamble legally confers or enlarges powers. Meaning that, unless the power to "promote the general welfare" is to be found somewhere else in the Constitution other than in the Preamble, no such power exists.


Edited To Add:

I have reviewed the OP, and must now both look silly and rephrase my above objection. My objections in regard to the use of "promote the general welfare" in the Preamble to the Constitution still stand. However, I find I need to conduct a more detailed review and re-reading of Art.1 before proceeding. Mea Culpa.