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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