What is popular will? Why should a constitution be written as per the will and aspiration of people? Write three reasons.
Answers
“Popular will” can have many applications. It is ‘popular will’ when a group of people decide where to eat, or which movie to watch, etc. It is also ‘popular will’ when a nation makes, by the vote of those willing and eligible, their will felt by the results of the elections being held. Some might call it Democracy, or the will of the people. But that is not entirely accurate, as too often America is thought of as a Democracy, as in Majority Wins. This form of Democracy makes no recognition of the imbalance that is created by it, only by its presence does it demonstrate the inequities contained within.
For example, suppose in a national election, only the votes of the 20 most populous states were counted and compared to those of the rest of the country… the rest of the country, the other 30 states, loses most of the time! Even if each group all voted alike, but differently…the majority would win. The first time his happens, the majority will make certain it remains in power through the legislative power they have!. The other 40 states are stuck with the will of their bigger brothers. Some call ‘Majority Wins’ the Tyranny of the Majority, for good cause.
The Majority Wins, but only in areas that have more common interests, like state and local legislative districts, where those elected from those districts act as representatives for their district. Or by states, where voters are selecting the unnamed electors to the Electoral College who will officially elect the President….not the President himself.
So, the ‘popular will’ exists, but in the form of a multitude of opportunities by a multitude of much smaller ‘majorities’ in a more ‘democratic’ system of expressing iself.
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Answer:
One of the basic principles of governance is the realization that governments exist to serve the will of the people. The founders of the American republic understood this basic fact when they ratified these words from Thomas Jefferson:
“…Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
In one sentence, Jefferson explained these salient points:
Government flows from the consent of those governed
Those governed have the right demand government be responsive to their wishes
If a government is unwilling, unable or incapable of fulfilling the first two points, then the governed have the right to dissolve their current government and replace it with something that will.
To this end, constitutions, which describe the relationship between the governed and the government, must be written with fulfilling the wishes of the governed in mind. Likewise, a constitution that is not approved by the governed and is simply imposed by the government cannot have legitimacy.
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