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Danielle Allen's thoughts and words already helped transform thinking about our society and system of government. Even the title of her book, "Our Declaration: A Reading of the Declaration of Independence in Defense of Equality" was profoundly transformative. She was right about a crucial insight. It is time to stop thinking of "the Declaration" and see it and use it as "our Declaration." It is time to stop seeing the Declaration as an ancient historical document (suitable for framing and hanging on a wall) and see it and use it as "our Declaration," powerful evidence of the power of the people over tyrants and oppressors (suitable for everyday use by all "the People" today).

So far, the best writing I've seen linking our Declaration and our Constitution (writing about our right of renovation) was by James Madison. I must agree with the many who thought Madison earned the titles Father of the Constitution and Father of the Bill of Rights. He was not entirely responsible for their creation, but he was crucial in creating and raising them. When Madison presented to the First Congress on June 8, 1789, his proposals on how to improve on our original Constitution, he highlighted crucial truths about how our Constitution was designed to diminish the power of public servants to abuse the sovereign people and about how the people had the power to correct our public servants and their public service.

Madison expressed explicitly the most important principle implicit in our Constitution--the sovereignty of the people. Such sovereignty already was implicit in the words and structure of the Constitution, including its first words ("We the People" do "ordain and establish this Constitution" to "establish Justice" and "secure the Blessings of Liberty to ourselves") and the first sentence of Articles I, II and III (emphasizing that the People, alone, "vested" power (and only limited power) in particular public servants).

Even so, to further clarify and cement the sovereignty of the people (and to better safeguard against abuses of power by any of our public servants), Madison recommended a renovation: "First. That there be prefixed to the constitution a declaration" of three aspects of the sovereignty of the people and the limitations of power of all public servants. Madison implicitly invoked paragraph 2 of the Declaration of Independence and he expressly revealed how our Declaration's principles permeate our Constitution:

"That all power is originally vested in and consequently derived from the people.

That government is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety.

That the people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or inadequate to the purposes of its institution."

Subsequently, in the national controversy over the Sedition Act of 1798, Madison prepared The Report of 1800 (to oppose the violations of our Constitution by a conspiracy of the President, the Secretary of State, the majority of Congress, and judges, including SCOTUS Justice Samuel Chase). Those officials made and purported to enforce the Sedition Act of 1798 to punish criticism of federal government employees. Madison responded by emphasizing the sovereignty of the people over all public servants.

We must consider the rights and powers of the sovereign people and the powers of public servants "with a reverence for our constitution, in the true character in which it issued from the sovereign authority of the people." "The essential difference between the British government, and the American constitutions, will place this subject in the clearest light." In Britain, Parliament was (and is) sovereign and the people were (and are) mere subjects.

"In the United States, the case is altogether different. The people, not the government, possess the absolute sovereignty. The legislature, no less than the executive, is under limitations of power. Encroachments are regarded as possible from the one, as well as from the other. Hence in the United States, the great and essential rights of the people are secured against legislative, as well as against executive ambition. They are secured, not [only] by laws paramount to prerogative; but by constitutions paramount to laws."

"It will be remembered that a frequent recurrence to fundamental principles is solemnly enjoined by most of the state constitutions, and particularly by our own, as a necessary safeguard against the danger of degeneracy to which republics are liable . . . . The authority of constitutions over governments, and of the sovereignty of the people over constitutions, are truths which are at all times necessary to be kept in mind; and at no time perhaps more necessary than at the present."

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