Eleanor Finch
Popular sovereignty is a foundational principle of democracy, asserting that the people are the ultimate source of political legitimacy and authority. It holds that governments derive their power from the consent of the governed, and it is the people who are sovereign. This principle has been enshrined in the constitutions of democratic nations, including the United States, where it played a pivotal role in the American Revolution and the founding of the nation. The Declaration of Independence of 1776 embodies this concept, proclaiming that governments derive their just powers from the consent of the governed. This notion of popular sovereignty, or the people's rule, has become a global standard for democratic legitimacy, shaping how modern governments are established and function.
| Characteristics | Values |
|---|---|
| Ultimate authority rests with the people | The people are the source of all political legitimacy |
| The people are involved in the making of a constitution | The people are involved in proposing and ratifying amendments to the constitution |
| The constitution is ratified by a majority vote of the people or their elected representatives | The people indicate support for their government when they vote in public elections |
| The people are involved in influencing public policy decisions | The people hold their government representatives accountable |
| The people choose how and who to govern | The people's consent is required for the government to derive its authority |
| The people elect, correct, and depose their political leaders |
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What You'll Learn
Popular sovereignty and the US Constitution
Popular sovereignty is the principle that the leaders of a state are created and sustained by the consent of its people, who are the source of all political legitimacy. It is an idea that dates back to the social contract school represented by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
The American Revolution marked a departure from the European historical context of popular sovereignty. American revolutionaries aimed to replace the sovereignty of King George III with a collective sovereign, composed of the people. The Declaration of Independence of 1776 asserts that legitimate governments are those deriving their just powers from the "consent of the governed". This was often linked with the notion of the consent of the governed—the idea of the people as sovereign.
The founding of the United States and its Constitution further emphasised the idea of popular sovereignty as the standard for establishing and sustaining popular government. The Preamble of the Constitution proclaims popular sovereignty, stating: "We the people of the United States... do ordain and establish this Constitution for the United States of America". Article VII of the Constitution also reflects popular sovereignty, requiring that nine states approve the proposed framework before it could become the supreme law. Article V provides the means to amend the Constitution through elected representatives of the people.
Popular sovereignty has become a world-class standard of legitimacy for governments in the 21st century. It is expressed in various ways in democracies, including direct involvement in constitution-making, ratification of constitutions, proposing and ratifying amendments, and indicating support for the government through elections and policy influence.
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Popular sovereignty as a democratic standard
Popular sovereignty is a democratic standard that asserts that the leaders of a state derive their authority from the people they govern. It is a principle that upholds the idea that political power resides with the whole community or state, not with any particular person, group, or lineage. This notion is deeply rooted in the belief that legitimate governments are those that derive their power from the consent of the governed.
The concept of popular sovereignty has been a foundational principle in the establishment and functioning of democratic governments, with the American Revolution being a pivotal moment in its evolution. The American revolutionaries sought to replace the sovereignty vested in King George III with a collective sovereign—the people. This shift marked a departure from the European context, where sovereignty was often associated with a monarch. The Declaration of Independence of 1776, with its recognition of a Creator God, equality of all individuals, and the establishment of a just government by the people, became a cornerstone of this principle.
Popular sovereignty is expressed in a democracy in several ways. Firstly, the people are directly or indirectly involved in the creation of a constitution, either personally or through their elected representatives. Secondly, the constitution is ratified by a majority vote of the people or their elected representatives. Thirdly, the people propose and ratify amendments to the constitution, and finally, they demonstrate their support for the government by voting in elections, upholding the constitution, and influencing public policy decisions, thus holding their representatives accountable.
The idea of popular sovereignty has become a global standard for legitimacy in governance. Constitutions of many democratic nations today embody this principle, recognising that all state power emanates from the people. For instance, the 1993 constitution of the Czech Republic states, "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."
However, it is important to acknowledge that the application of popular sovereignty has faced challenges, particularly in the context of historical events such as the American Civil War and the struggle over slavery. Despite these complexities, popular sovereignty remains a fundamental democratic ideal, emphasising the consent of the governed as the ultimate source of political legitimacy.
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Popular sovereignty and the American Revolution
Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. The idea of popular sovereignty in its modern sense dates back to the social contract school of thought, represented by philosophers Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
The American Revolution marked a significant shift in the concept of popular sovereignty, as American revolutionaries sought to replace the sovereignty vested in King George III with a collective sovereign—the people. This departure from the European and British context, where parliamentary sovereignty or the divine right of kings prevailed, was underpinned by the belief that legitimate governments derive their power from the consent of the governed. The Declaration of Independence of 1776 embodies this principle, asserting the fundamental premise of American political life: the ultimate legitimacy of a government rests on the will of the people.
Following the American Revolution, the concept of popular sovereignty continued to shape American thinking about government and the basis of the Union. The idea of popular sovereignty provided a unifying framework for the revolutionaries, who generally agreed that governments were legitimate only if they were founded on the sovereignty of the people. This consensus, however, did not preclude questions and debates about the precise meaning and permissible actions of a collective sovereign.
The application of popular sovereignty in the United States took on various forms. It encompassed the direct involvement of the people in lawmaking or the election of representatives who could be held accountable through mechanisms such as recall. The concept of popular sovereignty also extended to the belief that the people had the authority to select and replace government officials, determine the values that should guide decision-making, and replace political institutions that were not aligned with their values. This understanding of popular sovereignty as a fundamental principle in American political life was further solidified in the country's Constitution.
The Constitution of the United States reflects popular sovereignty in several key provisions. Article VII required the approval of nine states for the proposed framework of government to become the supreme law of the land, demonstrating the recognition of state-level popular sovereignty. Article V provides the means for the people, through their elected representatives, to propose and ratify amendments to the Constitution. Additionally, Article I pertaining to the House of Representatives and the 17th Amendment emphasize popular sovereignty by requiring members of Congress to be directly elected by the people.
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The expression of popular sovereignty
Popular sovereignty is the principle that the leaders of a state are created and sustained by the consent of its people, who are the source of all political legitimacy. This principle has been expressed in various ways throughout history, particularly in the American Revolution and the founding of the United States Constitution.
One expression of popular sovereignty is the involvement of the people in the making of a constitution. This can be done directly or through their elected representatives, and the constitution is then ratified by a majority vote of the people or their representatives. For example, the US Constitution required that nine states approve the proposed framework before it became the supreme law, with each state choosing representatives to ratifying conventions who decided to approve the Constitution in the name of those who elected them.
Another expression of popular sovereignty is the people's involvement in proposing and ratifying amendments to their constitution. In the United States, for instance, Article V of the Constitution provides the means to amend it through the elected representatives of the people.
Popular sovereignty is also expressed through public elections, where the people indicate their support for their government. They also uphold the constitution and basic principles of their government, work to influence public policy decisions, and hold their representatives accountable.
Furthermore, popular sovereignty is reflected in the election of members of Congress directly by the people, as seen in the US House of Representatives and the 17th Amendment concerning the election of senators.
The idea of popular sovereignty has become a world-class standard of legitimacy for governments in the 21st century. It is now widely recognised among democracies and even claimed by some non-democracies to justify their exercise of power.
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Popular sovereignty in non-democracies
Popular sovereignty is the principle that the leaders of a state derive their authority from the consent of the governed, who are the source of all political legitimacy. It is a foundational concept in democratic theory, with the American Revolution and the framing of the US Constitution being a notable example of its application. The Declaration of Independence of 1776 asserts that legitimate governments are those "deriving their just Powers from the Consent of the Governed".
However, the concept of popular sovereignty is not limited to democracies alone. Even non-democracies may attempt to claim popular sovereignty to justify their exercise of power. For example, the constitution of the People's Republic of China is established in the name of the people and "led by the working class and based on the alliance of workers and peasants". In reality, the Communist Party of China exercises dictatorial control and suppresses any organised opposition. Despite increased economic freedom in China, the party maintains tight control over political life.
Francisco Suarez (1548-1617) and the School of Salamanca also recognised popular sovereignty, viewing sovereignty as emanating originally from God but passing to all people equally, not just monarchs. This perspective highlights that a legalistic notion of popular sovereignty does not necessarily imply an effective, functioning democracy. A party or individual dictator may claim to represent the will of the people and rule in their name, which aligns with Hobbes's perspective on sovereignty.
In summary, while popular sovereignty is a foundational principle of democracy, it can also be claimed or interpreted in various ways by non-democratic regimes to justify their authority. The interpretation and implementation of popular sovereignty can vary significantly across different political systems and contexts.
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Frequently asked questions
Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy.
There are four ways that popular sovereignty is expressed in a democracy:
- The people are involved either directly or through their representatives in the making of a constitution.
- The constitution is ratified by a majority vote of the people or by representatives elected by the people.
- The people are involved directly or indirectly in proposing and ratifying amendments to their constitution.
- The people indicate support for their government when they vote in public elections, uphold the constitution and basic principles of their government, and work to influence public policy decisions.
The American Revolution marked a departure in the concept of popular sovereignty as it had been discussed and employed in the European historical context. American revolutionaries aimed to substitute the sovereignty of King George III with the sovereignty of the people. The US Declaration of Independence of 1776 recognises the equality of all men and a just government instituted by the people's consent.
Popular sovereignty has been applied in various ways throughout history. In the context of the US Civil War, popular sovereignty was promoted as a middle position on the slavery issue, allowing people in federal territories to decide whether their territories would enter the Union as free or slave states. However, this application ultimately failed to serve as a ground for agreement between pro-slavery and anti-slavery factions.
