Sovereign People’s Reappearance In American And The Way Of Their Action

American Sovereigns: The People and American Constitutional Tradition Before the Civil War reconsiders the principle of the people as the sovereign by reviewing the historical events from the American Revolution to the Civil War.Unlike most people in contemporary age just regard it as an idea,what we saw in this book is the people as the real sovereign and movements based on this faith.Also,this book reflects the conception of sovereign people’s fuzziness.Today,those aggressive ways of exercising rights have been faded,but the history of these can be used in inspiring studies about the question whether constitution could provide sovereign people a way to express their judgements and reconstruct their status? This paper hope to conclude questions in American Sovereigns,analyze the meaning behind it and discuss the possibility of sovereign people’s movement recurring modern American judiciary.The first part recognizes introducing the question about sovereign people,namely,"Who is the people?" and "How sovereign people act?" by summarizing the historical events in American Sovereigns and show other American scholars’ comments on the " interposition " which is the key concept of this book.The first question is about the people in the various "definitions" and their characteristics,and the second question is respond by the historical events of the people exercising their sovereignty.The second part analysis further those questions above,why the definition of "people’s sovereignty " is fuzzy and why sovereign people nowadays couldn’t act the same way? It was found that Madison’s resolution in Virginia to expand the "interposition" becaming the real possible way of sovereign people’s action.And through the analysis of "interposition",we see its significance reflected in the light and shadow of modern American judiciary.The third part explores space existing for "sovereign people" in American judicial field,that is,from a constitutional period founders has planned to build an independent legal institutions as a reserved land for people’s action.But in its developing process,a theory about "judicial supremacy" was born and it challenged the idea about "popular constitutionalism" in history and reality.To prove sovereign people’s reappearance existing in the judicial field,I still need to return to the "the people as the sovereign" its source to explore.The fourth part followed the logic of those constitutional scholars’ studying and found that the judicial field contains sovereign people’s acting space,and reason is the constitution was shaped by people and under its order people could keep their rationality.On this basis,Iexplored the possible way in reality to achieve it and also found some plight and criticism about it.Even so people themselves have never changed their faith about the identity as "sovereign",and they never flinch from difficulties.