Since the sovereign has no power except its legislative authority, it only acts by laws; and since the laws are simply the authentic acts of the general will, the sovereign cannot act save when the people are assembled. It is essential that there should be definitely fixed periodic assemblies of the people that cannot be abolished or delayed, so that on the appointed day the people would be legitimately convoked by the law, without need of any formal summons.
I may be asked, how are the citizens of a large state, composed of many communities, to hold frequent meetings? I reply that it is useless to quote the disadvantages of large states to one who considers that all states ought to be small. But how are small states to defend themselves against large ones? By confederation, after the manner of the Greek and ancient times, and the Dutch and Swiss in times more modern.
But between the sovereign authority and arbitrary government there is sometimes introduced a middle power of which I ought to speak. As soon as the public service ceases to be the main interest of the citizens, as soon as they prefer to serve their purses rather than themselves, the state is nearing its ruin. The weakening of patriotism, the activity of private interests, the immensity of states, conquests, and the abuse of government, have led to the device of deputies or representatives of the people in the national assemblies. But sovereignty cannot be represented, even as it cannot be alienated; it consists essentially in the general will, and the will is not ascertainable by representation; it is either itself, or something else; there is no middle course. A law not ratified by the people in person is no law at all. The English people believes itself free, but it greatly deceives itself; it is not so, except during the election of members of parliament. As soon as they are elected, it is enslaved, it is nothing.
How are we to conceive the act by which the government is instituted? The first process is the determination of the sovereign, that the government shall assume such and such a form; this is the establishment of a law. The second process is the nomination by the people of those to whom the government is to be entrusted; this is not a law, but a particular act, a function of government.
How, then, can we have an act of government before the government exists? How can the people, who are only sovereigns or subjects, become magistrates under certain circumstances? Here we discover one of those astonishing properties of the body politic, by which it reconciles operations apparently contradictory; for the process is accomplished by a sudden conversion from sovereignty to democracy, so that, with no sensible change, and simply by a new relation of all to all, the citizens become magistrates, pass from general to partiacts, and from the law to its execution. In this manner the English House of Commons resolves itself into committee, and thus becomes a simple commission of the sovereign court which it was a moment before; afterwards reporting to itself, as House of Commons, as to its proceedings in the form of a committee.
It is a logical sequence of the Social Contract that in the assemblies of the people the voice of the majority prevails. The only law requiring unanimity is the contract itself. But how can a man be free and at the same time compelled to submit to laws to which he has not consented? I reply that when a law is proposed in the popular assembly, the question put is not precisely whether the citizens approve or disapprove of it, but whether it conforms or not to the general will. The minority, then, simply have it proved to them that they estimated the general will wrongly. Once it is declared, they are as citizens participants in it, and as subjects they must obey it.
Civil Religion
Religion, in its relation to society, can be divided into two kinds—the religion of the man, and that of the citizen. The first, without temples, without altars, without rites, limited to the inner and private worship of the Supreme God, and to the eternal duties of morality, is the pure and simple religion of the Evangel, the true theism. The other, established in one country only, gives that country its own gods, its own tutelary patrons; it has its own dogmas and ritual, and all foreigners are deemed to be infidels. Such were all the religions of the primitive peoples.