Omar Bennett
Popular sovereignty is a concept that has been used in constitutional law, most notably in the United States Constitution, where it is included in Article V and two other parts. It is the idea that the people are the source of authority in government and that they have the power to choose their government. This principle has become widely recognized in democracies around the world and is considered a standard of legitimacy for governments in the 21st century. Popular sovereignty is expressed in four ways in a democracy, including the people's involvement in the making of a constitution and the ratification of amendments.
| Characteristics | Values |
|---|---|
| The people are involved either directly or through their representatives in the making of a constitution | The people of the several American states chose representatives to ratifying conventions who freely decided to approve the Constitution in the name of those who elected them |
| The constitution made in the name of the people is ratified by a majority vote of the people or by representatives elected by the people | Popular sovereignty was included in Article V of the Constitution, which provides the means to amend the Constitution through the elected representatives of the people |
| The people are involved directly or indirectly in proposing and ratifying amendments to their constitution | Article I of the Constitution pertains to the House of Representatives being elected directly by the people |
| 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 17th Amendment to the Constitution concerns the election of senators |
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What You'll Learn
Popular sovereignty in the US Constitution
Popular sovereignty, or the idea that the people are the source of all political power, is a fundamental concept in democratic theory. In the context of the US Constitution, popular sovereignty is expressed in several key ways.
Firstly, the very process of creating the US Constitution involved popular sovereignty, with the people of the American states choosing representatives to ratify the Constitution in their name. This is an example of how the people are involved, either directly or through their chosen representatives, in the making of a constitution—a key feature of popular sovereignty in a democracy.
Secondly, the US Constitution provides for the election of members of Congress directly by the people, as outlined in Article I regarding the House of Representatives and the 17th Amendment concerning the election of senators. This ensures that the people have a direct say in who represents them and makes laws on their behalf.
Thirdly, the US Constitution includes mechanisms for its own amendment, as outlined in Article V. This allows the people, through their elected representatives, to propose and ratify changes to the Constitution, ensuring that it remains a living document that can adapt to the changing needs and desires of the people.
Additionally, the Tenth Amendment to the US Constitution reserves powers to "the people", further emphasising the principle of popular sovereignty. This amendment protects the power of the people to choose their government and serves as a safeguard against federal and state tyranny.
The concept of popular sovereignty in the US has evolved over time. While the term "popular sovereignty" was not frequently used by early Americans, they believed that the people, like a king in a monarchy, held supreme authority in a republic. This belief persisted up to the Civil War, shaping the understanding of popular sovereignty as a foundational principle of American democracy.
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Popular sovereignty in state constitutions
Popular sovereignty is a principle that asserts 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. It is an idea that dates back to the social contract school of thought, represented by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau.
In the context of state constitutions, popular sovereignty is expressed in several ways. Firstly, the people are directly or indirectly involved in the creation of the constitution, ensuring it reflects their values and interests. This can be seen in the example of the United States Constitution, where the people of the American states chose representatives to ratifying conventions, who then approved the Constitution on their behalf. Secondly, the constitution is ratified by a majority vote of the people or their elected representatives, as was done in the case of the US Constitution. Thirdly, the people have a direct or indirect role in proposing and ratifying amendments to the constitution, as outlined in Article V of the US Constitution. Fourthly, the people demonstrate their support for their government and constitution by voting in public elections, influencing policy decisions, and holding their representatives accountable.
The concept of popular sovereignty has been a foundational principle in the United States, with the Declaration of Independence of 1776 asserting that legitimate governments derive their power from the consent of the governed. This principle was further solidified by the American Revolution, which confirmed and completed the subordination of government to the will of the people.
Additionally, the idea of popular sovereignty has resonated globally, influencing the constitutions of other democratic nations. For instance, the 1988 Constitution of Brazil states in Article 1 that "All power emanates from the people, who exercise it by means of elected representatives or directly as provided by the constitution." Similarly, Article 2 of the 1992 Constitution of the Republic of Lithuania asserts that "Sovereignty shall be vested in the people," highlighting the recognition of popular sovereignty in state constitutions beyond the United States.
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Popular sovereignty in the founding of the US
Popular sovereignty, or the idea that the ultimate authority in a government resides with its people, has become a widely recognized standard of legitimacy for governments in the 21st century. This concept is enshrined in the US Constitution in several ways.
Firstly, the people of the American states chose representatives to ratifying conventions who decided to approve the Constitution on their behalf. This involvement of the people, either directly or through their representatives, in the making of a constitution is one of the key expressions of popular sovereignty in a democracy.
Secondly, the US Constitution provides for the means to amend it through elected representatives of the people, as outlined in Article V. This process allows for the people's ongoing involvement in shaping and refining the Constitution over time.
Thirdly, the US Constitution requires that members of Congress be elected directly by the people. This requirement applies to both the House of Representatives (Article I) and the Senate (the 17th Amendment). By electing their representatives directly, the people exercise their sovereignty and hold their leaders accountable.
Additionally, the Tenth Amendment to the US Constitution further emphasizes popular sovereignty by reserving powers to "the people." This protection against federal and state tyranny highlights the people's role as a sovereign body capable of wielding specific powers, particularly those beyond the reach of the government.
While the term "popular sovereignty" itself was infrequently used by early Americans, the concept was central to the founding of the nation. The Declaration of Independence of 1776 asserts that legitimate governments derive their powers from the consent of the governed, reflecting the ideal of popular sovereignty that would shape the US Constitution and its amendments.
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The Tenth Amendment and popular sovereignty
Popular sovereignty is a foundational principle of the United States of America, with its roots in the Declaration of Independence of 1776, which asserts that legitimate governments derive their power from the consent of the governed. This principle is reflected in the US Constitution, which includes provisions for the people's direct or indirect involvement in various aspects of governance, such as constitution-making, amending, and electing representatives.
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It reinforces the principles of federalism and limited federal government powers. The amendment specifies that the federal government only possesses the powers delegated to it by the Constitution, with all other powers being reserved for the states or, as explicitly stated in the amendment, "the people". This amendment was proposed by Thomas Burke, who aimed to eliminate any ambiguity regarding the distribution of power between the state and federal governments.
The Tenth Amendment has been interpreted by the Supreme Court as prohibiting the federal government from forcing states to enact or refrain from enacting certain legislation or enforcing federal laws. This interpretation upholds state sovereignty and protects states from overreach by the federal government. The amendment's final four words, "or to the people," are particularly significant, as they recognise the people's authority and their power to choose their government.
The interplay between state and federal decisions in the recognition of a federal constitutional right to same-sex marriage illustrates the concept of federalism. While the Supreme Court's role in this process has been debated, the dialogue between federal and state entities resulted in the establishment of a national right. This example demonstrates the complex dynamics between state and federal powers and the evolving nature of their interactions.
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Popular sovereignty and slavery
Popular sovereignty, as a legitimate source of authority in government, is a foundational principle of democracy. It is expressed in four ways: the people are directly or indirectly involved in the creation of a constitution, its ratification, the proposal and ratification of amendments, and voting in public elections. Popular sovereignty is enshrined in the US Constitution in Article V, Article I, and the 17th Amendment.
In the context of slavery, popular sovereignty emerged in the 19th century as a strategy to determine the status of slavery in Western territories. It was first promoted in the 1840s as a response to debates over western expansion and the Mexican-American War. The concept argued that in a democracy, residents of a territory should decide on slavery within their borders, rather than Congress. This idea was not new, as leaders had questioned the extension of slavery in the decades before the Civil War.
The application of popular sovereignty to slavery was intended to ease tensions between the Northern and Southern wings of the Democratic Party. However, it ultimately failed to settle the crisis over slavery. Northerners and Southerners disagreed on how the people would exercise self-government, with Northerners generally seeking to prohibit slavery and Southerners insisting on the right to hold slaves as property. The interpretation of popular sovereignty became a divisive issue, fuelling the national debate over slavery and contributing to the push towards civil war.
The Kansas-Nebraska Act of 1854, proposed by Senator Stephen A. Douglas, is a notable example of the attempt to implement popular sovereignty in the context of slavery. The act encouraged pro- and anti-slavery forces to migrate to Kansas to influence the final vote, resulting in violence and fraud. The border between Kansas and Missouri became a hotbed of conflict, with groups from both sides engaging in intimidation and voter fraud.
In summary, popular sovereignty, as a democratic principle, played a significant role in the debate over slavery in 19th-century America. While it was intended to resolve tensions, it ultimately failed to do so due to the conflicting interpretations and deeply held beliefs regarding slavery in the North and South.
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