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. Popular sovereignty, being a principle, does not imply any particular political implementation. Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns".

In Defensor pacis, Marsilius of Padua advocated a form of republicanism that views the people as the only legitimate source of political authority. Sovereignty lies with the people, and the people should elect, correct, and, if necessary, depose its political leaders.

Further development of the theory of popular sovereignty is found among the School of Salamanca (see e.g. Francisco de Vitoria (1483–1546) or Francisco Suarez (1548–1617)). Like the theorists of the divine right of kings and Locke, the Salamancans saw sovereignty as emanating originally from God. However, unlike the divine right theorists and in agreement with Locke, they saw it as passing from God to all people equally, not only to monarchs.

Popular sovereignty in its modern sense is an idea that dates to the social contract school represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778). Rousseau authored a book titled The Social Contract, a prominent political work that highlighted the idea of the "general will". The central tenet of popular sovereignty is that the legitimacy of a government's authority and of its laws is based on the consent of the governed. Hobbes, Locke, and Rousseau all held that individuals enter into a social contract, voluntarily giving up some of their natural freedom, so as to secure protection from the dangers inherent in the freedom of others. Whether men are seen as naturally more prone to violence and rapine (Hobbes) or to cooperation and kindness (Rousseau), the idea that a legitimate social order emerges only when liberties and duties are equal among citizens binds the social contract thinkers to the concept of popular sovereignty.

Republics and popular monarchies are theoretically based on popular sovereignty. However, a legalistic notion of popular sovereignty does not necessarily imply an effective, functioning democracy. A party or even an individual dictator may claim to represent the will of the people and rule in its name, which would be congruent with Hobbes's view on the subject. Most modern definitions present democracy as a necessary condition of popular sovereignty.

Judge Ivor Jennings called the notion that governments are the creation of the consent of its people "ridiculous", as "the people cannot decide until somebody decides who are the people".

The application of the doctrine of popular sovereignty receives particular emphasis in American history, notes historian Christian G. Fritz's American Sovereigns: The People and America's Constitutional Tradition Before the Civil War, a study of the early history of American constitutionalism. In describing how Americans attempted to apply this doctrine prior to the territorial struggle over slavery that led to the Civil War, political scientist Donald S. Lutz noted the variety of American applications:

To speak of popular sovereignty is to place ultimate authority in the people. There are a variety of ways in which sovereignty may be expressed. It may be immediate in the sense that the people make the law themselves, or mediated through representatives who are subject to election and recall; it may be ultimate in the sense that the people have a negative or veto over legislation, or it may be something much less dramatic. In short, popular sovereignty covers a multitude of institutional possibilities. In each case, however, popular sovereignty assumes the existence of some form of popular consent, and it is for this reason that every definition of republican government implies a theory of consent.