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7 - “Popular Sovereignty” and the Declaration of Independence

Published online by Cambridge University Press:  18 December 2025

Mark A. Graber
Affiliation:
University of Maryland, College Park
Michael Zuckert
Affiliation:
University of Notre Dame, Indiana
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Summary

The Declaration of Independence, usually regarded principally or even exclusively as a manifesto about certain “inalienable rights,” is better understood, especially historically, as a complex argument about popular sovereignty. Who exactly were “the people” who were entitled, as in the America of 1776, to secede from the British Empire and then claim their own rights of “self-determination”? The Declaration begins with the assertion that Americans were “one people.” But that was demonstrably false, even in 1776, and has become even more so since then. After all, James Madison, in Federalist 10, emphasizes the plurality of interests, including, religion and property, that generate “faction” and the possibility of tyranny of governing elites. Does the Declaration, even if complemented by the Constitution, supply enough of an “American creed” to supply the basis for genuine unity and political amity or does it instead plant the seeds for further division and even secession in the name of self-determination and government by consent of the governed?

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