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Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the ...
The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. [ 4 ] [ a ] The drafting of the Constitution , often referred to as its framing, was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and ...
An important factor of sovereignty is its degree of absoluteness. [42] [43] A sovereign power has absolute sovereignty when it is not restricted by a constitution, by the laws of its predecessors, or by custom, and no areas of law or policy are reserved as being outside its control.
Sovereignty lies with the people, and the people should elect, correct, and, if necessary, depose its political leaders. [2] Popular sovereignty in its modern sense is an idea that dates to the social contract school represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778).
Westphalian sovereignty is the concept of nation-state sovereignty based on territoriality and the absence of a role for external agents in domestic structures. It is an international system of states, multinational corporations , and organizations that began with the Peace of Westphalia in 1648.
[49] The phrase has been construed as affirming that the national government created by the Constitution derives its sovereignty from the people, [50] (whereas "United Colonies" had identified external monarchical sovereignty) as well as confirming that the government under the Constitution was intended to govern and protect "the people ...
By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress; no other clause in the Constitution does so by itself. [2] The draft clause provoked controversy during discussions on the proposed constitution, and its inclusion became a focal point of criticism for those opposed to ratification of the constitution.
National Collegiate Athletic Association the Supreme Court enforced the Supremacy Clause by overturning Federal law as an unconstitutional encroachment into the domain of the states not within of the limits of the Delegated powers, stating that "The Constitution confers on Congress not plenary legislative power but only certain enumerated powers".