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NeCede's

Maxim 2.1.2

All political power is inherent in the People by decree of God; none can exist except it be derived from them.

Omnis potestas a Deo est; nulla nisi a Deo ordinata.

Source: American constitutional maxim; cf. Romans 13:1; Va. Declaration of Rights §2 (1776); Weisman, 51o Difficulty 1/5 — Foundational

Explanation

Sovereignty resides in the People, not in the government. Every exercise of government power must trace back to a grant from the People.

Where this applies

  • A government claims authority that was never delegated by the People.
  • Someone argues that political power originates in the government rather than in the People.

Topics

Government PowerSovereignty

Legal domains

constitutionalsovereignty

See also

Cite this maxim

NeCede Max. 2.1.2 — All political power is inherent in the People by decree of God; none can exist except it be derived from them. — American constitutional maxim; cf. Romans 13:1; Va. Declaration of Rights §2 (1776); Weisman, 51o (Omnis potestas a Deo est; nulla nisi a Deo ordinata.)

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