William & Mary Bill of Rights Journal
Abstract
This article examines the enduring concept of popular sovereignty as a foundational principle of American constitutional law. Tracing its historical roots from the English Civil War to the establishment of the United States Constitution, the author articulates how the notion of the people as the ultimate source of governmental authority has evolved. The article delineates seven fundamental principles that underpin constitutional law, emphasizing the Constitution's role as the supreme law of the land and its function in safeguarding individual rights against the whims of majority rule. Huhn argues that the Constitution not only reflects the aspirations of the American people but also serves as a dynamic framework that adapts to the changing political landscape. Through a critical analysis of landmark cases and historical documents, the article highlights the ongoing struggle to realize the ideals of popular sovereignty, illustrating the tension between governmental power and individual liberties. Ultimately, Huhn posits that the principles of constitutional law are essential in navigating the complexities of governance while ensuring that the rights of the people remain protected.
