SOVEREIGNTY

Sovereignty is the supreme power of an individual, country, or state to govern internal affairs without interference from any other comparable authority. Sovereign countries can conduct foreign affairs with other nations including negotiating treaties, engaging in international commerce, and making war and peace. Sovereignty defines political authority within the modern nation.

Sovereignty first applied to a king's divine right to rule his subjects. Unlimited power was believed to flow from God to the king enabling him to rule his kingdom. The term evolved through time to represent the power of a state to take every action necessary to regulate itself. In democratic countries, the ultimate source of sovereignty or government power lies with the people.

In 1777, the Second Continental Congress of the United States adopted the Articles of Confederation giving Congress a few powers typical of an independent sovereign nation. Congress alone had the power to conduct foreign affairs, negotiate treaties, control a national army, coin money, and operate a national postal system. The Articles did deliberately keep the central government weak by limiting sovereignty. Each state had its own state court to settle disputes. All important Congressional decisions required approval of at least nine states, and these resolutions were mere suggestions to the states. This limited sovereignty granted to Congress proved ineffective and ten years later the U.S. Constitution was ratified. It was followed by ratification of the Bill of Rights in 1791. The Tenth Amendment of the Bill of Rights states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The United States is a sovereign nation in external affairs but the states do hold certain attributes of internal sovereignty, such as providing for public schools. The U.S. Constitution, the supreme law of the land, is the ultimate determinant of sovereignty powers in the nation.

"Popular sovereignty" is another variant of the term sovereignty in U.S. history, referring to the principle of allowing settlers to decide on their own a territory's slavery policy. The Kansas-Nebraska Bill of 1854 embraced popular sovereignty. Another use is sovereign rights of territorial waters. The United States has sovereign ocean rights extending 12 nautical miles from shore. These rights include fishing, shipping, navigation, and use of natural resources.

See also: Article of Confederation, Continental Congress (Second), Kansas-Nebraska Act