Eleanor Finch
The principle of popular sovereignty, or consent of the governed, is a foundational tenet of constitutionalism, particularly in the United States. It asserts that governmental power originates from the people, who are sovereign, and that the purpose of government is to protect their rights and freedoms. This idea is encapsulated in the US Constitution, which outlines the limited powers granted to the government by the people and emphasizes state sovereignty and individual liberty. The concept of popular sovereignty stands in contrast to the divine right of kings, asserting that the government's legitimacy stems from the will of the people, who have the right to alter or abolish it if it fails to serve its intended purpose. This principle, rooted in the Declaration of Independence and early political philosophies, forms the basis of democratic governance and is a cornerstone of the US political system, uniting Americans under the cause of freedom.
| Characteristics | Values |
|---|---|
| Popular sovereignty | The people are the only true and lawful source of governmental power. |
| Consent of the governed | The government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people. |
| Limited powers | The government is charted by limited, enumerated powers to be exercised only as authorized by the people. |
| Federalism | The Tenth Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." |
| Individual rights and freedoms | The purpose of the government is to protect and preserve the people's unalienable rights and their eternal freedom. |
| Self-government | The people have the right to alter or abolish a destructive government and institute a new one. |
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What You'll Learn
Consent of the governed
The principle that power comes from the people is known as "consent of the governed". This idea is rooted in the belief that a government's legitimacy and moral right to exercise state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent stands in stark contrast to the divine right of kings and has been used to challenge the legitimacy of colonialism.
The concept of "consent of the governed" was first introduced in the 1290s by Scottish Catholic priest and Franciscan friar Duns Scotus in his work Ordinatio. The idea was later popularised by Nicholas of Cusa in his 1433 work De Concordantia Catholica, and in the 1579 Huguenot tract Vindiciae contra tyrannos. According to this tract:
> The people lay down the conditions which the king is bound to fulfill. Hence they are bound to obedience only conditionally, namely, upon receiving the protection of just and lawful government…the power of the ruler is delegated by the people and continues only with their consent.
The phrase "consent of the governed" was also included in the 1776 United States Declaration of Independence, written by Thomas Jefferson. The Declaration states:
> We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
The idea of "consent of the governed" is also reflected in the U.S. Constitution, which outlines the limited powers of the government and asserts that these powers are to be exercised only as authorised by the people, according to the Constitution. This principle of popular sovereignty is further emphasised in the Preamble of the Constitution, which clarifies the nature, extent, and basis for which people empower the government.
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Popular sovereignty
The concept of popular sovereignty is deeply rooted in the history of the United States of America. The Declaration of Independence of 1776 asserts that "all men are created equal" and that governments derive their just powers from the "consent of the governed". The framers of the U.S. Constitution further proclaimed popular sovereignty in its Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America." This principle is also reflected in various articles of the Constitution, including Article V, which outlines the process for amending the Constitution through elected representatives of the people, and Articles I and XVII, which require members of Congress to be elected directly by the people.
The American Revolution marked a significant departure from the European context, as American revolutionaries sought to replace the sovereignty of King George III with a collective sovereign—the people. This commitment to popular sovereignty as the standard for legitimate government has had a lasting impact on democratic ideals worldwide.
While popular sovereignty is often associated with democracy, it is important to note that a legalistic notion of popular sovereignty does not necessarily imply an effective, functioning democracy. For instance, a dictator may claim to represent the will of the people and rule in their name, which is congruent with Hobbes's view that individuals enter into a social contract, voluntarily giving up some of their natural freedom for protection.
In conclusion, popular sovereignty is a fundamental principle that recognises the people as the ultimate source of political authority and legitimacy. It has been a guiding force in shaping democratic governments and holds that these governments exist to protect the rights and freedoms of their citizens.
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Limits of federal power
The US Constitution establishes a system of dual sovereignty between the states and the federal government, with federalism being the shorthand term for the principles that delineate the boundaries between the powers of the federal and state governments. The Constitution embeds several structural mechanisms to limit federal power, including separation of powers, checks and balances, and enumerated powers.
The separation of powers divides the federal government into three branches: legislative, executive, and judicial. The legislative branch (Article I) creates laws through Congress, comprising the Senate and House of Representatives. The executive branch is headed by the President, who has the power to veto legislation. The judicial branch (Article III) interprets laws and ensures their consistency with the Constitution. The Supreme Court has the authority to review the constitutionality of legislative acts and declare void any provisions that violate the Constitution.
Checks and balances allow each branch to monitor and limit the others. For example, while the President can veto legislation, Congress can override vetoes, and the judiciary can rule laws unconstitutional. The system of enumerated powers explicitly lists Congress's powers in Article I, Section 8, and any legislation that exceeds these enumerated powers is prohibited. The Necessary and Proper Clause grants flexibility in executing these powers, but its interpretation is subject to judicial oversight.
Federalism divides power between national and state governments, preventing over-centralization and allowing states to act as "laboratories of democracy." The Tenth Amendment reinforces federalism by stating that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." State power is protected by limiting the ability of the federal government to act, and state legislative powers are limited by their own constitutions.
The expansion of federal power has faced continuous scrutiny and debate. The concept of "New Federalism" emerged as a judicial philosophy to reinvigorate limitations on federal power and emphasize state sovereignty. The Supreme Court has recognized federalism doctrines that prohibit Congress from intruding on state sovereignty, such as the anticommandeering doctrine, which prevents the national government from demanding that a state use its governmental system to implement federal commands.
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State sovereignty
The principle that governmental power is derived from the people is commonly referred to as popular sovereignty or consent of the governed. This idea, which is foundational to the US Constitution, asserts that the people are the only true and lawful source of governmental power. It stands in contrast to the divine right of kings, which posits that rulers derive their power from a deity.
Popular sovereignty is enshrined in the Preamble of the US Constitution, which outlines the nature, extent, and basis for which people empower the government. It also establishes limits on the authority of those entrusted with governmental power. This principle of popular sovereignty is integral to understanding and interpreting the Constitution, providing a framework for administering the government and governing its citizens.
The concept of consent of the governed holds that a government's legitimacy and moral right to wield power are derived from the consent of the people or society over which that power is exercised. This theory of consent is articulated in the 1948 Universal Declaration of Human Rights, which states that "the will of the people shall be the basis of the authority of the government."
The notion that governmental power is derived from the people has been expressed by various political philosophers and thinkers throughout history. For example, the 1579 Huguenot tract Vindiciae contra tyrannos asserts that "the people lay down the conditions which the king is bound to fulfill" and that "the power of the ruler is delegated by the people and continues only with their consent." Similarly, early Christian author Tertullian argued that the validity of a law is dependent not only on its justice but also on the conviction of those from whom obedience is expected.
In conclusion, the constitutional principle that power comes from the people is known as popular sovereignty or consent of the governed. This idea is fundamental to the US Constitution and democratic governments, upholding the belief that governmental power is derived from the consent and will of the governed.
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The right to alter or abolish destructive governments
The notion that the people have the right to alter or abolish destructive governments is a fundamental principle of self-governance. This principle, derived from the natural right to self-governance, asserts that governments derive their power from the consent of the governed. In other words, the people have the inherent authority to establish and shape their government to meet their needs and secure their rights.
The Declaration of Independence embodies this principle, proclaiming that "all men are created equal" and endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. It further states that governments are instituted to protect these rights and that when a government becomes destructive of these ends, the people have the right to alter or abolish it. This idea of consent of the governed challenges the divine right of kings and colonial rule, shifting the power dynamic from rulers to the governed.
Today, in democratic societies, this principle continues to be a guiding force. The United States Constitution, for example, is founded on the principle of popular sovereignty, recognising that the government's power originates from the people. This understanding shapes how governments are administered and how they govern, with the consent of the governed remaining essential for a government's legitimacy.
However, it is important to acknowledge that the exercise of this right is complex and often fraught with challenges. While the people have the right to alter or abolish destructive governments, it does not mean that such actions should be taken lightly. Prudence dictates that established governments should not be changed for trivial reasons, and history has shown that people are often reluctant to overthrow governments, even in the face of abuses. Additionally, those in power typically resist attempts to exercise this right, creating barriers to its implementation.
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Frequently asked questions
Popular sovereignty is the principle that a government's power is derived from the people it governs. It is the idea that the people are the only true and lawful source of governmental power.
The purpose of the US Constitution is to protect and preserve the people's unalienable rights and freedoms. It outlines the limits of authority that must restrain the government.
"Consent of the governed" is the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people. This theory is in stark contrast to the divine right of kings and has been used to challenge the legitimacy of colonialism.
Federalism in the US refers to the system where state power is protected by limiting the ability of the federal government to act. The Tenth Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The Declaration of Independence proclaimed that people are free and sovereign, with certain unalienable rights. This set the foundation for popular sovereignty as the first cornerstone of the US Constitution.
