U.S. and Delaware Constitutions Overview

Preambles and Constitutions

• The U.S. Constitution preamble was modeled after other legal documents of the time.
• The first draft of the U.S. Constitution preamble was short and did not list objectives.
• The Committee of Style added "We, the people of the United States," to the preamble and clarified its objectives.
• Supporters of the U.S. Constitution used the preamble to explain its necessity.
• Opponents of the U.S. Constitution argued it would create a powerful national government.

The Delaware Constitution

• Delaware's constitution was created in 1776, before the U.S. Constitution, and did not include a preamble.
• Delaware held another convention in 1792 to revise its constitution, when a preamble was added.
• The preamble has remained unchanged ever since.
• The preamble's religious language comes from the 1776 Delaware Constitutional Convention.
• The preamble's content may have been influenced by resolutions passed in 1776.

Enumerated Powers of Congress

• Taxation and Spending: Congress has the power to levy taxes, duties, and imposts to pay national debts and fund the common defense and general welfare. These taxes must be uniform across the United States.
• Borrowing: Congress can borrow money on the credit of the United States.
• Commerce: Congress regulates commerce with foreign nations, among states, and with Indian tribes.
• Naturalization and Bankruptcy: Congress establishes uniform rules for naturalization and bankruptcy laws.
• Currency: Congress has the power to coin money, regulate its value, and set standards for weights and measures. This includes the power to regulate foreign currency.
• Counterfeiting: Congress defines and punishes the counterfeiting of U.S. securities and currency.
• Post Offices: Congress establishes post offices and postal routes.
• Intellectual Property: Congress promotes science and the arts by granting limited-time exclusive rights to authors and inventors for their writings and inventions.
• Federal Courts: Congress creates lower federal courts (inferior to the Supreme Court).
• Piracy and International Law: Congress defines and punishes piracy and felonies on the high seas, as well as offenses against international law.
• War Powers: Congress declares war, issues letters of marque and reprisal (authorizations for private citizens to capture enemy ships), and makes rules for capturing goods on land and water.
• Military: Congress raises and supports a standing army, but cannot appropriate funds for the military for longer than two years. Congress funds and maintains the Navy.
• Military Regulation: Congress sets rules for governing the land and naval forces.
• Militia: Congress calls forth the militia to execute federal laws, suppress insurrections, and repel invasions. It also organizes, arms, and disciplines the militia but leaves officer appointments and training to the individual states.
• Federal District: Congress has exclusive legislative power over the District of Columbia, the seat of the federal government, and over federal properties acquired with state consent.
• Necessary and Proper Clause: Congress has the power to enact laws necessary and proper for carrying out all of its constitutional powers. This clause is often used to expand the scope of congressional authority.