James Madison, a former Delegate to the Constitutional Convention, from the Commonwealth of Virginia, using the pseudonym “Publius,” publishes “Federalist #40,” explaining that the Constitutional Convention in disregarding the Article XIII strictures on amending the Articles of Confederation, were acting on a higher authority the unanimous Declaration of Independence. In paragraph 14 he writes,
[A] rigid adherence in such cases … would render nominal and nugatory the transcendent and precious right of the people to “abolish or alter their governments as to them shall seem most likely to effect their safety and happiness,” since it is impossible for the people spontaneously and universally to move in concert towards their object; and it is therefore essential that such changes be instituted by some INFORMAL AND UNAUTHORIZED PROPOSITIONS, made by some patriotic and respectable citizen or number of citizens. [emphasis in the original]
[added 7/24/2026]
Subsequent Events:
Authority:
unanimous Declaration (of Independence) Paragraph 2
ccc-2point0.com/unanimous-declaration-of-independence
Articles of Confederation, Article XIII
ccc-2point0.com/Articles-of-Confederation
References:
Richard B. Bernstein, Amending America: If We Love the Constitution So Much, Why Do We Keep Trying to Change It?, (New York: Times Books, 1993), 26.
The Avalon Project : Federalist No 40
avalon.law.yale.edu/18th_century/fed40.asp