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Popular sovereignty is the doctrine 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.

Contents 1 The social contract 2 Popular sovereignty and territorial sovereignty 3 See also 4 External links

Popular sovereignty is an idea that dates to the social contract school (mid-1600s to mid 1700s), represented by Thomas Hobbes (1588-1679) 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 and hazards of a state of nature.

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 Francisco Suárez (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.

Popular sovereignty is a distinct concept from territorial sovereignty. As many instances of territorial cession show, territorial sovereignty is held by a government, not by the people.

Some argue that because "territorial sovereignty is held by a government, not by the people." and "Popular sovereignty is the doctrine that the state is created by and therefore subject to the will of its people, who are the source of all political power", that it logically follows that territorial sovereignty is held by a people, not by the government.

The distinction is especially important when discussing the topic of military occupation. International law specifies that military occupation does not transfer sovereignty. Hence, military occupation as a result of war (while representing actual possession to all appearances) cannot imply any right whatsoever to dispose of territory. As long as hostilities continue (that is, until a peace treaty comes into effect or hostilities are otherwise formally terminated), the Occupying Power cannot annex the occupied territory, even if it occupies the whole of the territory concerned. A decision on that point can only be reached in the peace treaty. That universally recognized rule is endorsed by jurists and confirmed by numerous rulings of international and national courts.

• Absolute monarchy, a monarchy where the ruler has the power to rule his or her country and citizens freely with no laws or legally-organized direct opposition.
• Political absolutism, one person (generally, a monarch) should hold all power.

• Squatter sovereignty from volume II of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc.