DON M. POWERS
The Edmond Sun
EDMOND —
Under the Constitution, consent of the governed provides the authority to govern. This concept was declared in the Declaration of Independence and reaffirmed in the preamble to the Constitution. Sovereignty of the people is the key precept of a free republic. Our American founders rebelled against the idea that a king was sovereign over the people. Sovereignty of the people is second only to God, from whom all rights flow, and gives rise to liberty. Our founders understood this idea and worked hard to limit and control the power of the central government while vesting power in “We the People.”
The sovereignty concept is deep-seated in America’s early history and documents, and exhibited in the founders’ actions. Alexander Hamilton described it in these terms: “The fabric of American empire ought to rest on the solid basis of the consent of the people. The streams of national power ought to flow immediately from that pure, original fountain of all legitimated authority (the people).” (Federalist Papers, No. 22, p.152) This concept arises from the exclusive God-given right of people to govern themselves. Acceptance of self-governance by the people places that power in the people, who then determine the nature and extent of power they give to those chosen by them to govern.
This idea was laid out in great simplicity by the Commonwealth of Massachusetts in its Proclamation of Jan. 23, 1776, which stated, “It is a maxim that in every government, there must exist, somewhere, a supreme, sovereign, absolute, and uncontrollable power; but this power resides always in the body of the people; and it never was, or can be, delegated to one man, or a few; the great Creator has never given to men a right to vest others with authority over them, unlimited either in duration or degree.” (Quoted by Hamilton Albert Long, Your American Yardstick, p.167)
When the Constitution was put out to the states for review, James Madison became aware that people were very scared of a central government that had any power over their lives. He tried to address these fears, whipped up by the Anti-Federalists, in the Federalist Papers, No. 46, p.294, where he advised, “The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments (the Constitution and the people) not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone.”
Today this idea of sovereignty in the people is out of favor with the ruling class in Washington, D.C. The Anti-Federalists are calling to us from the past and saying, “I told you so.” What was it they told us? That elected or appointed officials (politicians, government bureaucrats and federal employees), if given any type of power, will take the authority of the people and impose their own will on the people. Were they right? Only the people can say.
DON M. POWERS, an Edmond resident, is an attorney and frequently teaches U.S. Constitution classes.
THE DETAILS
independence facts
Gen. George Washington sent Capt. Caleb Gibbs to secure uniforms for his personal guard, which numbered 150. Washington said he wanted the guard uniforms to be similar to his, which had buff-colored breeches and vest with regimental coat of dark blue faced (lapels, cuffs and turnbacks) in buff. Those available were captured British and Hessian uniforms. Unfortunately, these breeches were white. The good captain solved the dilemma by allowing the tailor to use coffee to dye the breeches buff as desired by Washington.
