Table of Contents
Popular Sovereignty
Popular sovereignty is the principle that the legitimate authority of a government derives from the consent of the governed - that is, from the people over whom it rules. In political theory, it holds that the people are the ultimate source of all governmental power, and that rulers exercise authority only as delegated agents of the populace. The term has been applied across several distinct contexts: foundational political philosophy, constitutional design, antebellum American debates over the extension of slavery into new territories, and ongoing disputes over the scope of federal versus state and local authority.
Current State of Knowledge or Debate
Popular sovereignty is widely recognized as a foundational concept in modern democratic theory, traceable to social contract theorists of the seventeenth and eighteenth centuries, including John Locke, Jean-Jacques Rousseau, and their intellectual successors. Its influence on the founding documents of the United States - the Declaration of Independence and the Constitution - is broadly acknowledged by historians and political scientists.
Debate persists, however, on several fronts. Scholars dispute how completely early American practice embodied the principle, given the exclusion of enslaved people, women, and non-property-owning men from political participation. Constitutional theorists disagree about the structural relationship between popular sovereignty, federalism, and the Tenth Amendment - particularly whether residual sovereignty resides in the states, in the people directly, or in some combination of both. In the nineteenth century, “popular sovereignty” acquired a specific and contested meaning in American politics as a policy proposal for allowing territorial settlers to decide the question of slavery for themselves, a usage that generated sharp disagreement at the time and continues to attract historical reassessment. Contemporary debates engage questions about whether majoritarian popular sovereignty can conflict with individual rights, and what institutional mechanisms - judicial review, supermajority requirements, constitutional entrenchment - are legitimate constraints on popular will.
Viewpoints
* Majoritarian democratic viewpoint: Popular sovereignty is most fully realized through majoritarian decision-making, and institutional constraints that override popular majorities are democratically suspect. popular-sovereignty-majoritarian-democratic-viewpoint
* Constitutional/liberal viewpoint: Legitimate popular sovereignty is exercised through constitutional frameworks that protect individual and minority rights from majoritarian override; unconstrained majority rule is not the same as genuine self-governance. popular-sovereignty-constitutional-liberal-viewpoint
* Federalist/states' rights viewpoint: In the American context, popular sovereignty is expressed not only through the national government but through the states, which retain sovereign authority not delegated to the federal government under the Tenth Amendment; federal overreach is itself a violation of popular sovereignty. Tenth Amendment - Popular Sovereignty Viewpoint
* Anti-slavery and abolitionist viewpoint (historical): The antebellum policy of territorial popular sovereignty was a moral evasion that permitted the expansion of slavery by procedural means; genuine popular sovereignty was incompatible with the existence of an enslaved population excluded from any political voice. popular-sovereignty-antislavery-viewpoint
* Pro-territorial autonomy viewpoint (historical): Allowing settlers of new territories to decide the slavery question for themselves was the democratically consistent application of popular sovereignty and the appropriate alternative to congressional imposition. popular-sovereignty-territorial-autonomy-viewpoint
* Critical/postcolonial viewpoint: Canonical formulations of popular sovereignty have historically defined “the people” in exclusionary ways along lines of race, gender, and class; the principle cannot be evaluated apart from the question of who is counted as a member of the sovereign people. popular-sovereignty-critical-viewpoint
Controversies
* Antebellum territorial popular sovereignty: The application of popular sovereignty to the question of slavery in new American territories - associated with Senator Stephen A. Douglas and embodied in the Kansas-Nebraska Act of 1854 - produced violent conflict in Kansas and deepened sectional crisis. popular-sovereignty-territorial-slavery-controversy
* Dred Scott and the limits of territorial popular sovereignty: The Supreme Court's 1857 decision in Dred Scott v. Sandford called into question whether territorial legislatures could constitutionally exclude slavery, directly undermining the legal basis for Douglas's doctrine. popular-sovereignty-dred-scott-controversy
Related Pages
* popular-sovereignty-history * popular-sovereignty-limits-of-majoritarianism-debate * popular-sovereignty-tenth-amendment-federal-power-debate * popular-sovereignty-majoritarian-constitutional-viewpoint-debate * Tenth Amendment - Popular Sovereignty Viewpoint * Social Contract * Federalism * Tenth Amendment * Kansas-Nebraska Act * United States of America - 19th Century History
Footnotes
1. Jean-Jacques Rousseau, The Social Contract, trans. G. D. H. Cole (London: J. M. Dent, 1913); John Locke, Two Treatises of Government, ed. Peter Laslett (Cambridge: Cambridge University Press, 1988). 2. Gordon S. Wood, The Creation of the American Republic, 1776-1787 (Chapel Hill: University of North Carolina Press, 1969), 344-389. 3. Pauline Maier, American Scripture: Making the Declaration of Independence (New York: Knopf, 1997). 4. Robert W. Johannsen, Stephen A. Douglas (New York: Oxford University Press, 1973), 576-609. 5. Don E. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics (New York: Oxford University Press, 1978). 6. Nicole Mellow and Jeffrey K. Tulis, “Andrew Johnson and the Politics of Failure,” in Formative Acts: American Politics in the Making, ed. Stephen Skowronek and Matthew Glassman (Philadelphia: University of Pennsylvania Press, 2007). 7. Judith N. Shklar, American Citizenship: The Quest for Inclusion (Cambridge: Harvard University Press, 1991). 8. Akhil Reed Amar, America's Constitution: A Biography (New York: Random House, 2005), 5-53.
