Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law

This article examines the principle of popular sovereignty as the defining and animating feature of American constitutional law. Wilson R. Huhn situates the concept within its intellectual history, tracing its development from English antecedents to its central role in the American founding, and explores its articulation in the Declaration of Independence and the speeches of Abraham Lincoln. Huhn identifies seven interrelated principles inherent in the American conception of popular sovereignty: rule of law, limited government, inalienable rights, equal political participation, separation of church and state, the supremacy of national authority over the states, and national independence from foreign powers. The article further demonstrates how these principles have evolved through constitutional interpretation across historical periods—including the antebellum conflicts over slavery, the Civil War, Reconstruction, the civil rights movement, and modern jurisprudence. Ultimately, Huhn argues that sovereignty functions less as a rigid legal doctrine than as a sociological construct embodying fundamental American values. As such, it continues to shape debates on individual rights, federalism, and the proper allocation of political power in a democratic society.