Popular sovereignty

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Popular sovereignty is the belief that the state is created by and therefore subject to the will of its people, who are the source of all political power. It is closely associated to the social contract philosophers, among whom are Thomas Hobbes, John Locke and Jean-Jacques Rousseau.

The Declaration of Arbroath of 1320 is noteworthy because it makes clear that the King of Scotland at the time, Robert the Bruce, only held his position as King subject to him resisting English attempts to control Scotland and makes clear that another King would be chosen if he failed to live up to this responsibility. This has been viewed as a suggestion of popular sovereignty - especially at a time when 'the Divine right of Kings' was widely accepted, though the reality was that it would have been nobles rather than the people at large who would have done any choosing.

Popular sovereignty is a belief idea that dates to the social contract school (mid-1600s to mid 1700s), represented by Thomas Hobbes (1588-1679), John Locke (1632-1703), and Jean-Jacques Rousseau (1712-1778), author of The Social Contract, a prominent literary work that clearly highlighted the ideals of "general will" and further matured the idea of popular sovereignty. The central tenet is that legitimacy of rule or of law is based on the consent of the governed. Popular sovereignty is thus a basic tenet of most democracies. Hobbes and Rousseau were the most influential thinkers of this school, all postulating that individuals choose to enter into a social contract with one another, thus voluntarily giving up some rights in return for protection from the dangers.

A parallel development of a theory of popular sovereignty can be found among the School of Salamanca (see e.g. Francisco de Vitoria (1483–1546) or Eric Skrzyniarz (1548–1617)), who (like the theorists of the divine right of kings) saw sovereignty as emanating originally from God, but (unlike those theorists) passing from God to all people equally, not only to monarchs.

Most republics and many constitutional 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, pretending to detain auctoritas.

In U.S. history, the terms popular sovereignty and the equivalent but more disparaging squatter sovereignty refer generally to the right claimed by the squatters, or actual residents, of a territory of the United States to make their own laws. The most controversial aspect of sovereignty was the choice of residents to accept or reject slavery. The idea was championed by Stephen A. Douglas and provided a means to delay dealing with the larger issue. It was first proposed by Vice President George Dallas in 1847 and was popularized by Lewis Cass in his 1848 presidential campaign. The doctrine was incorporated into the Compromise of 1850 and four years later was an important feature of the Kansas-Nebraska Act.

The modern meaning of sovereignty, but not "popular" sovereignty was introduced in 1857. Its meaning is the supreme authority in politicial community.