The concept of the sovereignty of the individual citizen reconnects with the largely forgotten origins of a revolutionary tradition exemplified in the thoughts and opinions of James Wilson and recognized by Hannah Arendt. In two important decisions—Chisholm (1793) and Dred Scott (1857)—the Supreme Court affirmed the sovereignty of the citizen. But both were reversed by two constitutional amendments—the 11th and the 14th. However, following Afroyim, the ‘sovereign citizen’ became the law of the land. This article is first concerned with understanding how this came to be. To do so, it tells the story of how some Supreme Court justices—originally in the minority on the Court—found a way to secure Americans their citizenship rights. Then it discusses how the definition of the citizen as sovereign challenges both the classical definitions of citizenship and of sovereignty, thereby allowing for a renewal in the standing of democratic institutions and democratic thought itself.
Publication details and link to source: Patrick Weil, ‘Can a Citizen be Sovereign?’, Humanity Journal, January 2016.
