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NeCede's

Maxim 2.2.20

Supreme power can dissolve itself.

Source: Bacon, Max. VI; Black's, 2d. 1181; Dav. Ir. KB. 69; Branch, Princ.; Weisman, 11h Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) The supreme sovereign power has the inherent ability to dissolve itself — this principle underlies the People's right to alter or abolish their form of government when it no longer serves them.

Where this applies

  • The people of a state vote to dissolve their state government and reconstitute it under a new constitution, exercising their inherent sovereign right to alter or abolish their form of government.
  • A constitutional convention is called by the people to rewrite the fundamental law, and the existing government cannot prevent it because the supreme sovereign power — the people — has the inherent ability to dissolve the current system.
  • Citizens invoke the Declaration of Independence's principle that the people may alter or abolish destructive government, exercising the supreme power's right to dissolve itself and start fresh.

Legal domains

Cite this maxim

NeCede Max. 2.2.20 — Supreme power can dissolve itself. — Bacon, Max. VI; Black's, 2d. 1181; Dav. Ir. KB. 69; Branch, Princ.; Weisman, 11h

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