Popular sovereignty is a cornerstone principle of democracy, asserting that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives (rule by the people). In essence, it embodies the idea that political power resides in the people. A government that operates without the will or against the interests of its citizens lacks legitimate power and moral authority. When a government is established through the free choice of the people, it is inherently expected to serve those people, who hold the ultimate sovereignty, or supreme power.
This core concept of popular sovereignty manifests itself in several key ways within a democratic system.
Expressions of Popular Sovereignty in a Democracy
Popular sovereignty isn’t just an abstract idea; it’s put into practice through concrete mechanisms within a democratic framework. Here are four fundamental expressions of this principle:
1. Constitution Making: The People’s Foundation
The very foundation of a government, its constitution, should be rooted in the will of the people. This means that the people, either directly through mechanisms like citizen assemblies or referendums, or indirectly through their elected representatives in a constitutional convention, are involved in drafting and shaping the fundamental laws that govern them. This ensures that the constitution reflects the values and principles that the people deem essential for their society.
2. Constitution Ratification: Giving Consent to be Governed
Creating a constitution is only the first step. For it to truly embody popular sovereignty, it must be ratified, or formally approved, by the people. This crucial step signifies the people’s consent to be governed by the framework outlined in the constitution. Ratification can occur through a direct popular vote (referendum) where every citizen has a say, or through representatives specifically elected to decide on the constitution’s adoption. This act of ratification underscores that the constitution’s legitimacy stems directly from the people’s approval.
3. Constitutional Amendments: Adapting to the People’s Will
A constitution isn’t static; it must be able to adapt to the evolving needs and desires of the people it governs. Popular sovereignty ensures that the power to amend the constitution, to change its fundamental principles, also rests with the people. Similar to the initial constitution-making process, amendments can be proposed and ratified either directly by the citizens or through their elected representatives. This dynamic aspect of popular sovereignty allows the people to reshape their government framework as their society changes and their collective will evolves.
4. Ongoing Citizen Participation: Sustaining Popular Sovereignty
Popular sovereignty isn’t a one-time event tied to constitution making. It requires continuous engagement and participation from the citizenry to remain vibrant. This ongoing support is expressed in various ways:
- Voting in Elections: Participating in free and fair public elections is a primary way citizens express their will and hold their government accountable. By choosing their representatives, people shape the direction of their government and ensure it remains responsive to their needs.
- Upholding Constitutional Principles: Respecting and upholding the constitution and the basic principles of their government demonstrates a commitment to the system of popular sovereignty. This includes civic duties like respecting the rule of law and engaging in constructive dialogue.
- Influencing Public Policy: Popular sovereignty extends beyond elections. Citizens have a right, and indeed a responsibility, to actively engage in shaping public policy decisions. This can be through various means such as contacting representatives, participating in public debates, joining advocacy groups, and otherwise making their voices heard to influence government actions and ensure accountability.
Popular Sovereignty: A Foundational Principle of the United States
The concept of popular sovereignty was not merely an abstract ideal for the founders of the United States; it was a driving force behind the nation’s creation. The Declaration of Independence in 1776 boldly proclaimed that governments derive their “just Powers from the Consent of the Governed.” This declaration was a powerful assertion of popular sovereignty against the then-prevailing notion of divinely ordained monarchical rule.
Eleven years later, in 1787, the framers of the U.S. Constitution enshrined popular sovereignty directly into the nation’s foundational document. The Preamble famously begins with “We the People of the United States… do ordain and establish this Constitution for the United States of America.” This powerful opening statement unequivocally declares that the Constitution’s authority comes directly from the people, not from a monarch or any other external source.
Furthermore, Article VII of the Constitution mandated that ratification by nine states was required for the Constitution to become law. This process ensured that the Constitution was approved by the people of the states, acting through their elected representatives to ratifying conventions, further solidifying the principle of popular sovereignty at the very inception of the nation. The ability of the people, through their representatives, to amend the Constitution as outlined in Article V also reflects the enduring nature of popular sovereignty in the US system. Finally, the direct election of members of the House of Representatives in Article I and Senators through the 17th Amendment reinforces the direct link between the people and their government representatives at the federal level.
Popular Sovereignty as a Global Standard
The American example, though revolutionary in the late 18th century, has become a global benchmark for legitimate governance in the 21st century. Today, popular sovereignty is widely recognized as a fundamental principle of democracy around the world. No nation can genuinely claim to be a democracy without constitutionally recognizing and practically implementing popular sovereignty.
This principle is reflected in the constitutions of numerous democratic nations. For example:
- Czech Republic: Article 2 of the 1993 constitution 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.”
- Brazil: The 1988 constitution asserts in Article 1, “All power emanates from the people, who exercise it by means of elected representatives or directly as provided by the constitution.”
- Lithuania: Article 2 of the 1992 constitution declares, “The State of Lithuania shall be created by the people. Sovereignty shall be vested in the people.” Article 4 further clarifies, “The people shall exercise the supreme sovereign power vested in them either directly or through their democratically elected representatives.”
The Challenge to Popular Sovereignty: Authoritarian Regimes
The widespread acceptance of popular sovereignty as a source of governmental legitimacy is so profound that even non-democratic regimes attempt to invoke it to justify their rule. For instance, the constitution of the People’s Republic of China claims to be established in the name of the people and “led by the working class and based on the alliance of the workers and peasants.”
However, in practice, the Communist Party of China maintains a dictatorial grip on power, suppressing any meaningful political opposition. While China has experienced significant economic liberalization, political freedoms remain severely restricted. This example highlights the critical distinction between nominal and genuine popular sovereignty. True popular sovereignty requires not just constitutional declarations but also robust mechanisms for citizen participation, free and fair elections, and protection of fundamental rights that allow the people to truly exercise their sovereign power.
Conclusion: The Enduring Importance of Popular Sovereignty
Popular sovereignty stands as a fundamental pillar of democratic governance. It is the principle that ensures governments are accountable to the people they govern and that political power ultimately resides in the citizenry. From its articulation in the founding documents of the United States to its widespread adoption in modern democratic constitutions, popular sovereignty remains the bedrock of legitimate political authority and a crucial element for ensuring just and representative governance in the 21st century.
