Abstract

http://ssrn.com/abstract=1706878
 
 

Footnotes (297)



 


 



Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law


Wilson Ray Huhn


University of Akron - School of Law

November 10, 2010

William & Mary Bill of Rights, Vol. 19
U of Akron Legal Studies Research Paper

Abstract:     
The concept of “popular sovereignty” is not a simple, singular, unified concept; instead, as it has developed in the United States, popular sovereignty embraces the following seven fundamental principles: 1. The Rule of Law. The people are sovereign and their will is expressed through law. 2. Limited Government. The people are sovereign, not the government. By adopting the Constitution the people created the government, imposed limits upon its power, and divided that power among different levels and branches. 3. Inalienable Rights. Every individual person is sovereign in the sense that he or she retains certain inalienable rights, which the government is bound to respect. 4. Equal Political Rights. Each person is a sovereign political actor; therefore each person has an equal right to participate in government. 5. Separation of Church and State. The people are sovereign, not God. Laws reflect the will of the people, not the presumed will of God. 6. The Power of the National Government Over the States. The American people are sovereign, not the states. No state has the power to secede from the union or to nullify any federal law. 7. National Independence and the Limited Authority of International Law. The American people as a whole are sovereign and independent and are not subject to any foreign law or power. Over the centuries since the founding each of these constitutional ideals has blossomed and borne fruit. The principle of popular sovereignty in all of its manifestations has continued to grow and develop, resulting in profound changes in the interpretation of the Constitution.

Number of Pages in PDF File: 50

Keywords: Sovereignty, Popular Sovereignty, Abraham Lincoln

JEL Classification: K10, K19

Accepted Paper Series


Download This Paper

Date posted: November 11, 2010 ; Last revised: November 29, 2010

Suggested Citation

Huhn, Wilson Ray, Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law (November 10, 2010). William & Mary Bill of Rights, Vol. 19; U of Akron Legal Studies Research Paper. Available at SSRN: http://ssrn.com/abstract=1706878

Contact Information

Wilson Ray Huhn (Contact Author)
University of Akron - School of Law ( email )
150 University Ave.
Akron, OH 44325-2901
United States
330-972-6791 (Phone)
330-258-2343 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,056
Downloads: 99
Download Rank: 159,310
Footnotes:  297

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.281 seconds