Wednesday, August 28, 2013
From Natural Born “Subjects” to Natural Born “Citizens”
As I have explained elsewhere, in Chisholm v. Georgia,
both Chief Justice Jay and Justice Wilson conceived of this sovereignty
as residing in the individual, rather than in a collectivity known as
“the People,” which is why they thought an individual citizen could sue a
state for breach of contract. In my Seegers Lecture on Jurisprudence at
Valparaiso University School of Law on October 3rd, I will elaborate on
the implications of this individual conception of popular sovereignty
for the concept of “the consent of the governed.”
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