Eleanor Finch
Popular sovereignty is the principle that a government's authority is derived from the people it governs. This idea is often expressed in constitutions, which are created and ratified by the people, either directly or through their representatives. The concept of popular sovereignty has been used to justify governments' power and legitimacy, even in non-democratic countries. In the United States, popular sovereignty is reflected in the Constitution, with its famous preamble, We the People of the United States, and in provisions that ensure the people's involvement in the legislative process and their right to choose their government. While the term popular sovereignty was not frequently used by early Americans, the concept was central to the founding of the United States and has become a global standard for democratic legitimacy.
| Characteristics | Values |
|---|---|
| Definition | 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. |
| Rule by the people | Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people. |
| Democracy | Popular sovereignty is a founding principle of democracy. |
| Choice of government | The people have the power to choose their government. |
| Constitutional law | Popular sovereignty is expressed in the constitutions of democratic nation-states. |
| US Constitution | Popular sovereignty is expressed in the US Constitution's Preamble, Article V, Article VII, and the 17th Amendment. |
| State sovereignty | The Tenth Amendment protects state sovereignty and the powers reserved for "the people." |
| Founding of the US | The founding of the United States and its Constitution were based on the idea of popular sovereignty. |
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What You'll Learn
Popular sovereignty in the US Constitution
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. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people. In the United States, the term has been used to express this concept in constitutional law.
The founding of the United States and the framing of its Constitution heralded the idea of popular sovereignty as the standard by which popular government should be established and sustained. The concept of popular sovereignty is expressed in four ways in a democracy. Firstly, the people are involved either directly or through their representatives in the making of a constitution. Secondly, 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. Thirdly, the people are involved directly or indirectly in proposing and ratifying amendments to their constitution. Fourthly, 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 and otherwise prompt their representatives in government to be accountable to them.
Popular sovereignty was asserted as a founding principle of the United States of America. The Declaration of Independence of 1776 asserts that legitimate governments are those "deriving their just Powers from the Consent of the Governed". Later, in 1787, the framers of the Constitution proclaimed popular sovereignty in the document’s Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America". Popular sovereignty was also expressed in Article VII of the Constitution, which required that nine states approve the proposed framework of government before it could become the supreme law of the land. 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.
Popular sovereignty is also reflected in two different 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 concerning the election of Senators. The Tenth Amendment also protects the power of the people to choose their government.
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Popular sovereignty in other constitutions
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. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people.
In the United States, the term "popular sovereignty" has been used in constitutional law and during the 19th century in reference to a proposed solution to the debate over the expansion of slavery in the United States. The proposal would have given the power to determine the legality of slavery to the inhabitants of the territory seeking statehood, rather than to Congress.
While the term "popular sovereignty" may not be explicitly mentioned in other constitutions, the concept of popular sovereignty, or rule by the people, is a fundamental principle of democracy that can be found in various forms in many constitutions around the world. Here are some examples of how the principle of popular sovereignty may be expressed or applied in other constitutions:
- Switzerland: Switzerland has a long tradition of direct democracy, where citizens have a direct say in the decision-making process through referendums and initiatives. The Swiss Federal Constitution provides for popular initiatives, where a certain number of citizens can propose changes to the constitution, which are then voted on by the people. This is a direct form of popular sovereignty, where the people exercise their sovereign power to create or amend laws.
- European Union: The Treaty on European Union, which forms the constitutional basis of the European Union, includes the principle of subsidiarity, which states that decisions should be taken as closely as possible to the citizen. This principle recognizes the role of EU member states and regional authorities in decision-making, reflecting a form of popular sovereignty by bringing decision-making closer to the people.
- India: The Constitution of India, while not explicitly mentioning "popular sovereignty," enshrines the principle of sovereignty resting with the people. It establishes a democratic republic with elected representatives and guarantees fundamental rights, including the right to vote and participate in the political process. The Constitution also provides for federalism and a system of checks and balances to ensure that the government acts in the interests of the people.
- South Africa: The Constitution of South Africa, adopted in 1996 after the end of apartheid, is based on the principles of democracy, equality, and human rights. It establishes a multi-party system, guarantees the right to vote for all adult citizens, and includes a Bill of Rights that protects a range of civil, political, and socio-economic rights. The Constitution also establishes an independent judiciary and a system of checks and balances to ensure that the government acts in accordance with the will of the people.
These examples demonstrate how the principle of popular sovereignty, while not always explicitly stated, is often reflected in the constitutional frameworks and democratic practices of various countries, upholding the fundamental idea that political power ultimately resides with the people.
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Historical context
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. It is the idea that sovereignty itself is not subject to law, but rather, the author and source of law. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people.
In the United States, popular sovereignty has been used to express a concept in constitutional law. It was asserted as a founding principle of the United States of America in the Declaration of Independence of 1776, which states that legitimate governments are those that derive their just powers from the consent of the governed. The US Constitution proclaims 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 change from earlier drafts that listed each of the states individually strengthened the idea of popular sovereignty—that the new government's power came from the people rather than the states.
Popular sovereignty was also expressed in Article VII of the US Constitution, which required that nine states approve the proposed framework of government before it could become the supreme law of the land. 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. It is also reflected in Article V, which provides the means to amend the Constitution through the elected representatives of the people, and in two different 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, concerning the election of members of Congress.
The concept of popular sovereignty was also used in the 19th century in reference to a proposed solution to the debate over the expansion of slavery in the United States. The proposal would have given the power to determine the legality of slavery to the inhabitants of the territory seeking statehood, rather than to Congress. In Kansas, for example, widespread fraudulent voting by pro-slavery settlers from neighbouring states produced the pro-slavery Lecompton Constitution. However, the genuine residents of Kansas showed that when honest elections were held, they overwhelmingly wanted it to be a free state. This issue was only resolved when Southern legislators were expelled from Congress in 1861, after seven Southern states announced their secession, and Kansas was admitted as a free state under the Wyandotte Constitution.
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The Tenth Amendment
Popular sovereignty is the principle that the leaders of a state and its government are formed and sustained by the consent of its people, who are the source of all political legitimacy. Citizens may unite and delegate a portion of their sovereign powers and duties to state officers, on the condition that the officers agree to serve according to the will of the people.
The text of the amendment is as follows: "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." This amendment reinforces the notion of federalism and ensures that the federal government only possesses the powers explicitly outlined in the Constitution.
The amendment also serves as a protection against tyranny, safeguarding the power of the people to choose their government. This aspect of popular sovereignty is reflected in the amendment's final words, which recognise the authority of the people as a sovereign body.
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The limits of popular sovereignty
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. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to state officers, contingent on the officers agreeing to serve according to the will of the people.
In the United States, popular sovereignty has been used to express this concept in constitutional law. The Declaration of Independence of 1776 asserts that legitimate governments are those that derive their just powers from the consent of the governed. The US Constitution proclaims popular sovereignty in its Preamble: "We the People of the United States.... do ordain and establish this Constitution for the United States of America."
However, the concept of popular sovereignty has its limitations. While it asserts that sovereignty resides with the people, the practical expression of this idea can be complex and subject to various influences and interpretations. Here are some of the limits of popular sovereignty:
- Historical Exclusion and Suffrage: In 18th-century Europe and early America, the concept of "the people" in the context of popular sovereignty often excluded significant portions of the population. Suffrage was typically denied to women, slaves, indentured servants, those lacking sufficient property, and indigenous people. This limited the practical expression of popular sovereignty and fell short of true representation.
- Influence of Special Interests and Fraudulent Voting: In certain historical contexts, such as the debate over slavery in Kansas, pro-slavery forces engaged in widespread fraudulent voting and exerted outsized influence. This distorted the principle of popular sovereignty, as the will of a minority group was imposed over the genuine desires of the majority.
- Representation and Accountability: In a representative democracy, a key aspect of popular sovereignty is holding elected representatives accountable to the people. However, the complexity of modern governance and the influence of special interest groups can sometimes create a disconnect between the people and their representatives, limiting the direct expression of popular sovereignty.
- Constitutional and Legal Constraints: While popular sovereignty asserts the ultimate authority of the people, it operates within a framework of constitutional and legal principles. The law defines and limits power, and certain rights and procedures outlined in a constitution may constrain the direct exercise of popular sovereignty. Amendments and changes to a constitution often require specific processes and supermajorities, which can slow down or impede rapid shifts in the expression of popular sovereignty.
- Federal and State Dynamics: In federal systems, such as the United States, the dynamics between federal and state governments can impact the expression of popular sovereignty. The Tenth Amendment in the US Constitution, for example, reserves powers to "the people," but the interplay between state and federal rights can lead to legal and political debates about the interpretation and scope of popular sovereignty.
- Global Variations and Non-Democratic Regimes: While popular sovereignty has gained widespread recognition among democracies, non-democratic regimes may also claim it to justify their power. For example, the People's Republic of China's constitution is established in the name of the people, but the Communist Party exercises dictatorial control and suppresses opposition.
These limitations demonstrate that while popular sovereignty is a foundational principle in democratic theory, its practical implementation is subject to historical, social, legal, and political factors that can shape and sometimes constrain the direct expression of the people's will.
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