Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2016 James Wilson in the State House Yard: Ratifying the Structures of Popular Sovereignty Ian C. Bartrum University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons, and the Jurisprudence Commons Recommended Citation Bartrum, Ian C., "James Wilson in the State House Yard: Ratifying the Structures of Popular Sovereignty" (2016). Scholarly Works. 1195. https://scholars.law.unlv.edu/facpub/1195 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. BUFFALO LAW REVIEW VOLUME 64 APRIL 2016 NUMBER 2 James Wilson and the Moral Foundations of Popular Sovereignty IAN BARTRUMt INTRODUCTION The dread and redoubtable sovereign, when traced to his ultimate and genuine source, has been found, as he ought to have been found, in the free and independent man. This truth, so simple and natural, and yet so neglected or despised, may be appreciatedas the first and fundamental principle in the science of government. -James Wilson' Even most constitutional originalists now concede that important pieces of our founding text are too vague to settle many legal controversies without modern judicial construction.2 To most observers, this must seem a concession t Associate Professor of Law, William S. Boyd School of Law, UNLV. Many thanks to Bruce Ackerman, Akhil Amar, Derek Bambauer, Randy Barnett, William Baude, Peter Bayer, Jud Campbell, Rick Garnett, Linda Edwards, Tom McAffee, Nicholas Pedersen, Frederick Schauer, Alex Spelman, Larry Solum, and participants in the Rocky Mountain Junior Scholars Forum for support, insight, and comments.