Popular sovereignty in its modern sense, that is, including all the people and not just noblemen, is an idea that dates to the social contracts school (mid-17th to mid-18th centuries), represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778), author of The Social Contract, a prominent political work that clearly highlighted the ideals of "general will" and further matured the idea of popular sovereignty.
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This doctrine became known as popular sovereignty.
Christian G. Fritz is a legal historian and a law professor at the University of New Mexico School of Law He writes on U.S. constitutional history, and his 2007 book American Sovereigns: the People and America’s Constitutional Tradition Before the Civil War, published by Cambridge University Press, traces the historical roots of popular sovereignty in U.S. law.
The learning ideal is rooted in the thoughts of the Age of Enlightenment and Rousseau's concept of popular sovereignty.
This practice of using the seat of sovereignty as the injured party is analogous with criminal cases in the United States, where the format is "the People" or "the State v. defendant" (e.g., People of the State of New York v. LaValle or Commonwealth of Pennsylvania v. Brady) under the doctrine of popular sovereignty.
The text of the constitution is an interesting hybrid of jurisprudential and political norms drawn from sources as wide as Simón Bolívar's writings on constitutionality and popular sovereignty, José Martí, the Peruvian Marxist José Carlos Mariátegui, and Evgeny Pashukanis.