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Rule by a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. [44] [45] A common simplified definition of a republic is a government where the head of state is not a monarch.
"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
Authority, by contrast, depends on the acceptance by subordinates of the right of those above them to give them orders or directives. [11] [12] [13] The definition of authority in contemporary social science remains a matter of debate. Max Weber in his essay "Politics as a Vocation" (1919) divided legitimate authority into three types.
Virginia, 19 U.S. 264 (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States. Therefore, the Supreme Court has the final say in matters involving ...
The Supreme Court balances several pressures to maintain its roles in national government. It seeks to be a co-equal branch of government, but its decrees must be enforceable. The Court seeks to minimize situations where it asserts itself superior to either president or Congress, but federal officers must be held accountable.
Legitimacy is "a value whereby something or someone is recognized and accepted as right and proper". [6] In political science, legitimacy has traditionally been understood as the popular acceptance and recognition by the public of the authority of a governing régime, whereby authority has political power through consent and mutual understandings, not coercion.
Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consenz [1] [a]}} . The American Revolution marked a departure in the concept of popular sovereignty as it had been discussed and employed in the European historical context.
The Supreme Court has held that statutes implicating certain fundamental individual rights are not subject to the general presumption, and are evaluated instead through heightened levels of scrutiny. By contrast, economic legislation is subject to the presumption of constitutionality. [1]