Commentary My last essay discussed the style of the Constitution’s preamble. Gouverneur Morris, its principal author, composed a passage that was grand, euphonious, and balanced. This essay addresses the preamble’s substance. The preamble of a legal instrument recites understood facts and the intent and goals of the party or parties creating the instrument. Edward Coke, the 17th century legal scholar whose writings were at the core of the Founders’ legal education, said a preamble is a “key to the minds of the makers.” As the U.S. Supreme Court noted in Jacobson v. Massachusetts (1905) (pdf), a preamble is not a source of binding rules. Rather, it sheds light on the rules found elsewhere in the document. Suppose you arrive home to find that your spouse has left you a note. It says, “We need more food. Please go to the store and buy meat, bread, and vegetables.” The preamble to …