Omar Bennett
Popular sovereignty, the idea that the people are the source of political power and legitimacy, is a concept that has been used in many places throughout history, including ancient Athens, France, Haiti, and the United States. In the US, popular sovereignty is expressed in the Constitution's Preamble, which begins with We the People of the United States, asserting that the government's power derives from the people. This principle is further reflected in Article VII, which required approval from nine states before the Constitution could become the supreme law, and Article V, which outlines the process for amending the Constitution through elected representatives. Additionally, Articles I and XVII require members of Congress to be directly elected by the people, ensuring political equality for all citizens, regardless of race or sex. The concept of popular sovereignty has become a standard for legitimate democracies worldwide, with countries like the Czech Republic and Brazil proclaiming it in their constitutions.
| Characteristics | Values |
|---|---|
| Basis of democracy | The people are the source of political power and legitimacy |
| Involvement in constitution-making | Direct or through elected representatives |
| Ratification of constitution | Majority vote of the people or by elected representatives |
| Amendment proposals and ratification | Direct or indirect involvement of the people |
| Support for government | Indicated through voting in public elections, upholding the constitution, and influencing public policy decisions |
| Elected representatives | Accountable to the people they represent |
| Equality before the law | No discrimination based on race or sex |
| Suffrage | Expansion of voting rights to include women and people of color |
| Consent of the governed | Popularized by John Locke, it asserts that government power derives from the consent of the governed |
| Abolitionism | Justified by Abraham Lincoln based on the concept of popular sovereignty |
| State sovereignty | The Tenth Amendment reserves powers to "the people," protecting their sovereignty and ability to choose their government |
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What You'll Learn
Popular sovereignty in the US Constitution
Popular sovereignty, the idea that the people are the source of political power and legitimacy, is a foundational principle of the United States Constitution. The concept is expressed in the document's Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America." This statement, crafted by Gouverneur Morris, strengthened the notion of popular sovereignty by emphasising that the government's power derived from the people rather than the individual states.
The principle of popular sovereignty is further reflected in Article VII of the Constitution, which required that nine states approve the proposed framework before it could become the supreme law of the land. This provision demonstrated that the people, through their chosen representatives, had the authority to ratify the Constitution and shape the government's structure.
Additionally, popular sovereignty is evident in Article V, which outlines the process for amending the Constitution. According to this article, amendments can be proposed by Congress or by a convention called at the request of the legislatures of two-thirds of the states. In either case, amendments become valid once ratified by the legislatures or ratifying conventions of three-fourths of the states. This process ensures that any changes to the Constitution are made with the consent and approval of the people's representatives.
Popular sovereignty is also inherent in the requirement for members of Congress to be elected directly by the people. Article I of the Constitution, pertaining to the House of Representatives, and the 17th Amendment, concerning the election of senators, reinforce the principle of popular sovereignty by mandating direct elections. This ensures that the people have a direct say in choosing their representatives, thereby influencing the composition of Congress.
Beyond the US Constitution, the idea of popular sovereignty has had a global impact. It has become a standard by which democratic governments worldwide establish their legitimacy. For example, the 1993 constitution of the Czech Republic asserts that "all state power derives from the people," reflecting the influence of popular sovereignty in modern democratic frameworks.
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Popular sovereignty in other constitutions
Popular sovereignty is a concept that has been adopted in various constitutions worldwide, each with its own unique expression and implementation. This principle, asserting that legitimate governments derive their power from the people, has become a standard for democracies in the 21st century.
The United States Constitution, in its preamble, proclaims popular sovereignty with the words, "We the people of the United States... do ordain and establish this Constitution for the United States of America." This is further reflected in Article VII, which required approval from nine states for the constitution to become the supreme law, and in Article V, which outlines the process for amending the constitution through elected representatives. Additionally, Articles I and the 17th Amendment emphasize direct elections of members of Congress by the people.
Beyond the United States, the idea of popular sovereignty has also taken root in other nations. For example, the 1993 Constitution of the Czech Republic states in Article 2 that "All state power derives from the people... The state power serves all citizens and can be exercised only in cases within the scope stipulated by law, and by means specified by law." Similarly, the 1988 Constitution of Brazil, in Article 1, asserts that "All power emanates from the people, who exercise it by means of elected representatives or directly."
Even non-democratic governments have attempted to claim popular sovereignty to justify their power. For instance, the Constitution of the People's Republic of China, in its preamble, states that it is established in the name of the people and "led by the working class and based on the alliance of the workers and peasants." However, in reality, the Communist Party of China exercises dictatorial control, suppressing any organized opposition.
Popular sovereignty is expressed in democracies through various means, including direct involvement in constitution-making, ratification of constitutions and amendments, voting in public elections, and influencing public policy decisions to hold representatives accountable. It is a foundational principle that empowers the people to shape their governments and ensure their consent is at the core of political legitimacy.
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Origins of popular sovereignty
Popular sovereignty, the idea that the people are the source of political power and legitimacy, has its roots in ancient Athens, where all male citizens were allowed to participate in the political process. This included the ability to vote on legislation and run for office. However, women and slaves were excluded from this process as they were not considered full citizens.
The concept of popular sovereignty was later adopted by the United States Constitution, with the first official use traced back to the Northwest Ordinance of 1787, passed by the First Federal Congress under Article VI. This ordinance established that all new states would enter as equals into the Union and set out a plan for the division of land west of Pennsylvania and north of the Ohio River into territories that could eventually become states.
The United States Constitution proclaims popular sovereignty in its Preamble, with the famous words "We the people of the United States..." This change, largely attributed to Gouverneur Morris, strengthened the idea that the new government's power came from the people rather than the states. Popular sovereignty is also expressed in Article VII, which required that nine states approve the proposed framework of government, and Article V, which provides the means to amend the Constitution through elected representatives of the people.
Additionally, popular sovereignty is reflected in two parts of the Constitution that require members of Congress to be elected directly by the people: Article I, pertaining to the House of Representatives, and the 17th Amendment. In practice, this means that every state constitution and law must adhere to the principle of democracy, ensuring no restrictions on voting and complete political equality for all citizens, except for age restrictions.
The idea of popular sovereignty has also been adopted by other democratic nations, such as the Czech Republic and Brazil, whose constitutions assert that all state power derives from the people. Even non-democracies, like the People's Republic of China, have tried to claim popular sovereignty to justify their exercise of power.
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The Tenth Amendment
Popular sovereignty, or the idea that the legitimate source of authority in government is the people, is expressed in the US Constitution in several ways. One of them is the Tenth Amendment, which was ratified on December 15, 1791.
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The Northwest Ordinance of 1787
Popular sovereignty, the idea that the people are the legitimate source of authority in government, is a founding principle of the United States of America. It is expressed in the US Constitution's preamble, which begins with "We the people of the United States..." and is also reflected in Article VII, Article V, and Article I.
The 1787 ordinance provided a path toward statehood for the territories northwest of the Ohio River, encompassing the future states of Illinois, Indiana, Michigan, Ohio, Wisconsin, and part of Minnesota. It designated these territories as one district under Congress's jurisdiction, with the intent of their eventual admission as newly created states. The ordinance also outlined a general process for acquiring statehood and encouraged education, stipulating that "Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."
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