The American Plan of Government

o ruled in the case of Jacobson vs. Massachusetts,1 in which the point was made that a State law compelling people to be vaccinated as a preventive treatment against smallpox was unconstitutional because it tended to subvert and defeat a purpose of the Constitution of the United States. Justice Harlan said: Although that Preamble [of the Constitution of the United States] indicates the general purposes for which the people ordained and established the Constitution, it has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments. Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted. Although, therefore, one of the declared objects of the Constitution was to secure the blessings of liberty to all under the sovereign jurisdiction and authority of the United States, no power can be exerted to that end by '197U.S. Rep., ii. the United States, unless, apart from the Preamble, it be found in some express delegation of power or in some power to be properly implied therefrom. We, the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. We, t...