James Wilson’s theory of constitutional interpretation is based on a multidimensional view of sovereignty, both principled and derived. While the American people serve as the principle sovereign, they delegate authority to the Court (their agents) to uphold the Constitution and educate the American people about the Constitution, its principles, and the duties of the sovereign people. In rendering their decisions, Wilson argues that judges should apply principles of common sense natural law and natural right that informed the sovereign people’s original understanding of the Constitution. By applying Wilson’s multidimensional concept of sovereignty, the role of the judge can be used as a guide to understanding Wilson’s overall theory of constitutional interpretation.
James Wilson's Judge as Agent-Plus.
Undergraduate Review, 10, 37-44.
Available at: http://vc.bridgew.edu/undergrad_rev/vol10/iss1/12
Articles published in The Undergraduate Review are the property of the individual contributors and may not be reprinted, reformatted, repurposed or duplicated, without the contributor’s consent.