Page:Arizona State Legislature v. Arizona Independent Redistricting Comm’n.pdf/35

Rh but that those intrusted with it should be kept in depend­ence on the people.” Id., No. 37, at 223.

The people’s ultimate sovereignty had been expressed by John Locke in 1690, a near century before the Constitu­tion’s formation: "“[T]he Legislative being only a Fiduciary Power to act for certain ends, there remains still in the People a Supream Power to remove or alter the Legislative, when they find the Legislative act contrary to the trust reposed in them. For all Power given with trust for the attaining an end, being limited by that end, whenever that end is manifestly neglected, or op­posed, the trust must necessarily be forfeited, and the Power devolve into the hands of those that gave it, who may place it anew where they shall think best for their safety and security.” Two Treatises of Govern­ment §149, p. 385 (P. Laslett ed. 1964)."

Our Declaration of Independence, ¶2, drew from Locke in stating: “Governments are instituted among Men, deriving their just powers from the consent of the governed.” And our fundamental instrument of government derives its authority from “We the People.” U. S. Const., Preamble. As this Court stated, quoting Hamilton: “[T]he true prin­ciple of a republic is, that the people should choose whom they please to govern them.” Powell v. McCormack, 395 U. S. 486, 540–541 (1969) (quoting 2 Debates on the Fed­eral Constitution 257 (J. Elliot ed. 1876)). In this light, it would be perverse to interpret the term “Legislature” in the Elections Clause so as to exclude lawmaking by the people, particularly where such lawmaking is intended to check legislators’ ability to choose the district lines they run in, thereby advancing the prospect that Members of Congress will in fact be “chosen … by the People of the several States,” Art. I, §2. See Cain, 121 Yale L. J., at 1817.