The jurisprudential and political transformations of the 1930s redefined the relationship between the American citizen and the federal government. By substituting individual sovereignty with an amorphous definition of popular sovereignty rooted in the ‘common good,’ the courts unmoored government from its structural limits. When independent production can be collectively confiscated and private liberties systematically managed by unelected agencies, popular sovereignty loses its foundational legitimacy. To preserve original constitutional liberty, the framework must re-recognize that collective mandates are valid only when they respect the absolute and pre-existing sovereignty of the individual.
The American founding was predicated on the primacy of individual sovereignty, asserting that a legitimate government only exists when it respects the inherent independence of the self-owning person. This text argues that the 1930s marked a radical departure from this ideal, as the judiciary began to prioritize the common good over private rights, effectively granting the state vast control over economic and personal life. Through landmark court cases and the expansion of the administrative state, the federal government transitioned from a protector of wealth to a mechanism for majoritarian redistribution and centralized regulation. Ultimately, the source contends that true liberty is lost when individual autonomy is subordinated to collective mandates, calling for a return to a framework where personal sovereignty remains the supreme legal standard.