Sovereignty

The Delegation of Sovereignty

Prior to the creation and ratification of the Constitution, Americans struggled with legislatures who had run rampant. This, however, was the doing of the people themselves.

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A Supreme Sovereign Power

Despite the fact that the Articles of Confederation loosely held the states together, there was still a remarkable union achieved. There were privileges and immunities granted, “reciprocity of extradition and judicial proceedings among the states,” no “travel and discriminatory trade restrictions between states, and the substantial grant of powers to the Congress in Article 9 […]

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Coalescing All the States

Americans had a keen understanding of the idea, popularized by Montesquieu, that “only a small homogeneous society whose interests were essentially similar could properly sustain a republican government.” Gordon Wood, The Creation of the American Republic: 1776-1787, 356. This idea created a fundamental problem for America: it was not a small homogeneous society, and it was rapidly […]

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