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Philosophy

The Paradox of Constituent Power in Founding Moments

Quick fact

In the U.S. Constitutional Convention of 1787, the document was authorized by 'We the People,' yet the People had no legal existence as a single entity before that document; even the ratification process was conducted by conventions in only a few states, not a national referendum.

Why this is interesting

Every constitution begins with the phrase 'We the People' — but who exactly is 'the People' before the constitution exists? Can a crowd of individuals create a legal order that defines them as a single collective?