Also known as:populi · populo · populum · Roman people · people
Written by attorneys · grounded in primary & secondary sources — see below
The collective body of Roman citizens, encompassing both patricians and plebeians.
Sources & Authorities· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Common Law
How it applies
Common Examples
6
Citizens Petition for Redress
Phoebe Park and a group of residents gathered signatures on a petition demanding legislative action on local pollution. They submitted the petition to their congressional representative. The representative declined to forward it, citing workload. The residents sued, claiming the action abridged their rights as members of the populus.
Zoning Permit for Group Home
Paula Pierce sought a special use permit to open a group home for adults with intellectual disabilities in a residential neighborhood. City officials denied the permit solely because of community objections to the residents' conditions. Pierce sued, arguing the denial lacked any legitimate basis and treated the prospective residents as outside the populus.
Pablo Perez and Priscilla Parks lived together for several years, shared a bank account, and introduced themselves as spouses to neighbors. After a dispute over property, Perez denied the marriage existed. Parks sued to establish the marriage under common law requirements of consent, cohabitation, and public holding out as members of the populus.
Warrantless Home Search
Pierce Patterson returned home to find federal agents had entered his residence without a warrant and seized documents. The agents claimed exigent circumstances. Patterson moved to suppress the evidence, asserting the entry violated the security of citizens as the populus against unreasonable searches.
Expectation of Privacy in Calls
Perry Pratt made telephone calls from his home that were recorded by the government without a warrant. Pratt moved to exclude the recordings at trial. He argued the recordings invaded a reasonable expectation of privacy held by citizens as the populus even when using public communication systems.
State Authority Over Local Matters
Premier Manufacturing challenged a federal regulation imposing new workplace standards on its factories. The company argued the regulation exceeded federal power. The court upheld the challenge, noting that powers not delegated to the national government remain with the states or the populus.
Common questions
Frequently Asked
4
What does populus mean in Roman law?+
It refers to the whole body of Roman citizens, including both patricians and plebeians.
How does the concept of the people appear in the First Amendment?+
The amendment protects the right of the people peaceably to assemble and to petition the government for redress of grievances.
Does the Fourth Amendment protect the people as a collective?+
Yes. It secures the right of the people to be free from unreasonable searches and seizures in their persons, houses, papers, and effects.
What powers does the Tenth Amendment reserve to the people?+
It reserves to the states respectively, or to the people, all powers not delegated to the United States or prohibited to the states.
5 U.S. (1 Cranch) 137 (1803)Property
…as recorder of the laws, keeper of the great seal, recorder of letters patent and commissions he is a ministerial officer of the people and is compellable to do his duty. If a mandamus can be awarded by this court in any case, it may issue to a Secretary of State. Many cases may be supposed in which a Secretary ought to be…