Citations to the Preamble

In reading through Bushrod Washington’s opinions, one practice of note was his citation of the Preamble as authority. For example, in a case involving a state law, he said something along the lines of “This law cannot be valid because the Constitution was meant to create a more perfect union.”

Makes me wonder if there’s a paper (perhaps already written) on the original public meaning of the Preamble. Or the way in which the Preamble was cited.

 

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