CHAPTER VIII
OF THE SOVEREIGNTY OF THE MEXICAN PEOPLE:
The constitutional article 39 establishes in both constitutional letters in similar form in number and text the following: “Article 39. The national sovereignty resides essentially and originally in the town. All public power emanates from the people, and is instituted for their benefit. The people have at all times the inalienable right to alter or modify the form of their government. ”
From the above it is inferred that sovereignty (authority) resides essentially and originally in the people (civil society) and that all power derives from it and is instituted for the benefit of the latter. Similarly, in theory Article 41 of the Constitution establishes that the people (civil society) exercises that sovereignty (authority) through the Powers of the Union, and by reason of a mechanism of the system of representativeness provided in the article 40 of the same order, not all members of civil society can be responsible for the tasks of government, that responsibility is deposited according to Article 41 referred to above, in persons members of political societies known as political parties, composed of individuals who are distinguished for being experts in the art of the tasks of the State.
By law we understand that a “sovereign” people is in possession of a social omnipotence: All rights are theirs; otherwise it would not be omnipotent; and not being omnipotent he would not be sovereign. For the same reason all obligations are outside it; because if he had any obligation to fulfill, he would be subject: sovereign is the one who commands, subject who obeys; Sovereign is the one who has rights, subject who has obligations. Thus the principle of popular sovereignty, which is an atheist principle, is also a tyrannical principle, because where there is a subject and has no rights, and a sovereign who has no obligations, there is tyranny. This forces us to understand the reality regarding the sovereignty of the people before their authentic and false representatives in the government.
Sovereignty of the people is an empty word: What idea does the people have of their sovereignty? Is it the source of authority? And how does it communicate it? And what does it reserve? and how is it contained in all of it? And with what right could it reside in any of its parts? How to redeem it from the inevitable inconveniences of its nature? then, with this the individual is essentially strong, powerful, free, one: then, in his will expire all the inconveniences in fact, and in his reason all of law: then, is it intransmisible or perishable ?; because if it is transmitted, what is left to the people ?. If it is not transmitted, then the government is an usurpation, or it is an irony. Does it come from elsewhere? But from where? Is it divisible? What is its numerical reason for each person? What is its appreciative value in each nation? What is its effective value? each individual ?, For example: When in a battle twenty thousand perish, how is the sovereignty? Does your modifications follow the reason of the born and dead in the population census? Where is the sovereignty if the intruders win? .