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Jack Jordan's avatar

Thank you for highlighting relevant text of our Constitution! It's also helpful to show how the Preamble and the Tenth Amendment work together:

"We the People" did "ordain and establish" our "Constitution" to "establish Justice," "promote the general Welfare, and secure the Blessings of Liberty to ourselves" We the People “by the Constitution” merely “delegated to the United States” certain limited “powers” for the purposes stated in the Preamble; We “prohibited by it” (our Constitution) “to the States” certain “powers;” We “reserved to the States respectively” certain “powers;” and We “reserved” to “the people” all residual “powers.” The powers of the people include especially those in the First Amendment, which encompass speech related to public people and public issues, including voting.

James Madison shed a lot of light on the foregoing as a member of the First Congress. On June 8, 1789, he proposed renovations of (amendments to) our Constitution. He especially sought to clarify and cement the sovereignty of the people (to better safeguard against abuses of power by any of our public servants). Madison recommended a renovation that elaborated on the language of the Constitution quoted above: "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."

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