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According to a dominant narrative, the concept of popular sovereignty was joined to the notion of public opinion during the French Revolution to form the blueprint of a liberal constitutional state. This article shows how, after the Revolution, Benjamin Constant, who is now recognized as a founding figure of “liberalism,” used public opinion as a substitute for popular sovereignty to theorize political legitimacy and constitution making. I show why and when Constant discussed popular sovereignty, namely to dismiss it as an unhelpful and dangerous fiction in answer to factions invoking the concept to revolutionize the political order, or rulers such as Napoleon using it to claim absolute power. In parallel, I explain how Constant designed his alternative, opinion-based theory of legitimacy in the 1790s, before pragmatically adapting it over the course of his career as political regimes changed in France. Constant's substitution of public opinion for popular sovereignty, I contend, reveals distinct views on what makes a political regime legitimate and the meaning of constitutional changes. I conclude with a discussion of how Constant's views, thus interpreted, throw light on debates about sovereignty and public opinion in modern political thought.

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It has become commonplace to argue that Benjamin Constant and Alexis de Tocqueville form a distinct French liberal tradition going back to Montesquieu. Yet Tocqueville showed little interest in Constant, and early nineteenth-century French liberals did not recognize Montesquieu as the father of French liberalism. Based on these observations, this essay demonstrates that the French liberal tradition is a belated construction and explains how, when, and why it was invented. Exhuming the origins of the French liberal tradition, I argue, is important for our understanding of the history of liberalism and the mechanisms behind ideology formation.

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