In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is starkly contrasted with the divine right of kings and has often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". Consensus democracy is the application of consensus decision-making and supermajority to democracy. [1]
The idea that a law derives its validity from the approval of those subject to it can already be found in early Christian author Tertullian, [2] who, in his Apologeticum claims
It is not enough that a law is just, nor that the judge should be convinced of its justice; those from whom obedience is expected should have that conviction too.
The earliest utterance of the specific "consent of the governed" seemingly appears in the writings of Scottish Catholic priest and Franciscan friar Duns Scotus, who proposed this in his work Ordinatio in the 1290s. Scotus's lengthy writing in theology have largely overshadowed this notable contribution that he made to early political theory. It is believed these writings influenced the Declaration of Arbroath in 1320. [3]
In his 1937 book A History of Political Theory , George Sabine collected the views of many political theorists on consent of the governed. He notes the idea mentioned in 1433 by Nicholas of Cusa in De Concordantia Catholica. In 1579 an influential Huguenot tract Vindiciae contra tyrannos was published which Sabine paraphrases: "The people lay down the conditions which the king is bound to fulfill. Hence they are bound to obedience only conditionally, namely, upon receiving the protection of just and lawful government…the power of the ruler is delegated by the people and continues only with their consent." [4] : 381 In England, the Levellers also held to this principle of government.
John Milton wrote
The power of kings and magistrates is nothing else, but what is only derivative, transferred and committed to them in trust from the people, to the common good of them all, in whom the power yet remains fundamentally, and cannot be taken from them, without a violation of their natural birthright. [4] : 510 [5]
Similarly, Sabine notes the position of John Locke in Essay concerning Human Understanding:
[Civic power] can have no right except as this is derived from the individual right of each man to protect himself and his property. The legislative and executive power used by government to protect property is nothing except the natural power of each man resigned into the hands of the community…and it is justified merely because it is a better way of protecting natural right than the self-help to which each man is naturally entitled. [4] : 532
However, with David Hume a contrary voice is heard. Sabine interprets Hume's skepticism by noting
The political world over, absolute governments which do not even do lip-service to the fiction of consent are more common than free governments, and their subjects rarely question their right except when tyranny becomes too oppressive. [4] : 603
Sabine revived the concept from its status as a political myth after Hume, by referring to Thomas Hill Green. Green wrote that government required "will not force" for administration. As put by Sabine, [4] : 731
Even the most powerful and the most despotic government cannot hold a society together by sheer force; to that extent there was a limited truth to the old belief that governments are produced by consent.
According to James Feibleman, compliance with law is evidence for consent of the governed:
For a legal system to be consistent, it must be applicable; and for it to be complete, it must be compatible with the fundamental convictions of a majority of citizens. To say that an established legal order exists among them means that overtly they have consented to be governed in this fashion. Such public beliefs are embodied in institutions, first and foremost in the institution of the state, with its administration of law. [6]
Consent of the governed, within the social liberalism of T. H. Green, was also described by Paul Harris:
The conditions for the existence of a political society have less to do with force and fear of coercion than with the members' mutual recognition of a good common to themselves and others, although it may not be consciously expressed as such. Thus for the conditions for any civil combination to disappear through resistance to a despotic government or disobedience to law would require such a disastrous upheaval as to be unlikely in all but the most extreme circumstances in which we might agree with Green that the price would be too high to pay, yet sufficiently rare to allow us to acknowledge that there would ordinarily be a moral duty to act to overthrow any state that did not pursue the common good. [7]
"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.
Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority. This was expressed, among other places, in the 2nd paragraph of the Declaration of Independence (emphasis added): [8]
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
In section 6 of the Virginia Declaration of Rights, written in May, 1776, and passed in June, Founding Father George Mason wrote:
That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, the attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good." [9]
Although the Continental Congress at the outset of the American Revolution had no explicit legal authority to govern, [10] it was delegated by the states with all the functions of a national government, such as appointing ambassadors, signing treaties, raising armies, appointing generals, obtaining loans from Europe, issuing paper money (i.e. continentals), and disbursing funds. The Congress had no authority to levy taxes, and was required to request money, supplies, and troops from the states to support the war effort. Individual states frequently ignored these requests. According to the Cyclopædia of Political Science . New York: Maynard, Merrill, and Co., 1899, commenting on the source of the Congress' power:
The appointment of the delegates to both these congresses was generally by popular conventions, though in some instances by state assemblies. But in neither case can the appointing body be considered the original depositary of the power by which the delegates acted; for the conventions were either self-appointed "committees of safety" or hastily assembled popular gatherings, including but a small fraction of the population to be represented, and the state assemblies had no right to surrender to another body one atom of the power which had been granted to them or to create a new power which should govern the people without their will. The source of the powers of congress is to be sought solely in the acquiescence of the people, without which every congressional resolution, with or without the benediction of popular conventions or state legislatures, would have been a mere brutum fulmen; and, as the congress unquestionably exercised national powers, operating over the whole country, the conclusion is inevitable that the will of the whole people is the source of the national government in the United States, even from its first imperfect appearance in the second continental congress...
The "consent of the governed", when the Constitution was ratified, was flawed in that it was limited to white men of property. [11] [12]
A key question is whether the unanimous consent of the governed is required; if so, this would imply the right of secession for those who do not want to be governed by a particular collective. All democratic governments today allow decisions to be made even over the dissent of a minority of voters which, in some theorists' view, calls into question whether said governments can rightfully claim, in all circumstances, to act with the consent of the governed. [13]
The theory of hypothetical consent of the governed holds that one's obligation to obey government depends on whether the government is such that one ought to consent to it, or whether the people, if placed in a state of nature without government, would agree to said government. [14] This theory has been rejected by some scholars,[ who? ] who argue that since government itself can commit aggression, creating a government to safeguard the people from aggression would be similar to the people, if given the choice of what animals to be attacked by, trading "polecats and foxes for a lion", a trade that they would not make. [15]
According to the propagandist Edward Bernays when discussing public relations techniques that were described in his essay and book The Engineering of Consent (1955), the public may be manipulated by its subconscious desires to render votes to a political candidate. Consent thus obtained undermines the legitimacy of government. Bernays claimed that "the basic principle involved is simple but important: If the opinions of the public are to control the government, these opinions must not be controlled by the government." [16]
Edward S. Herman and Noam Chomsky in their book, Manufacturing Consent (1988), advanced a propaganda model for the news media in the United States in which coverage of current events was skewed by corporations and the state in order to manufacture the consent of the governed. [17]
Political philosophy, or political theory, is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, justice, liberty, property, rights, law, and authority: what they are, if they are needed, what makes a government legitimate, what rights and freedoms it should protect, what form it should take, what the law is, and what duties citizens owe to a legitimate government, if any, and when it may be legitimately overthrown, if ever.
The separation of powers principle functionally differentiates several types of state power and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions. When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers.
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.
The Declaration of Independence, formally titled The unanimous Declaration of the thirteen united States of America in both the engrossed version and the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the 56 delegates to the Second Continental Congress, who convened at the Pennsylvania State House, later renamed Independence Hall, in the colonial era capital of Philadelphia.
In moral and political philosophy, the social contract is an idea, theory or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution.
Will, within philosophy, is a faculty of the mind. Will is important as one of the parts of the mind, along with reason and understanding. It is considered central to the field of ethics because of its role in enabling deliberate action.
Authority is commonly understood as the legitimate power of a person or group over other people. In a civil state, authority may be practiced by legislative, executive, and judicial branches of government, each of which has authority and is an authority. The term "authority" has many nuances and distinctions within various academic fields ranging from sociology to political science.
The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789).
In ethics, political philosophy, social contract theory, religion, and international law, the term state of nature describes the hypothetical way of life that existed before humans organised themselves into societies or civilizations. Philosophers of the state of nature theory propose that there was a historical period before societies existed, and seek answers to the questions: "What was life like before civil society?", "How did government emerge from such a primitive start?", and "What are the hypothetical reasons for entering a state of society by establishing a nation-state?".
Some philosophers distinguish two types of rights, natural rights and legal rights.
Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Popular sovereignty, being a principle, does not imply any particular political implementation. Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns".
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas authority denotes a specific position in an established government, the term legitimacy denotes a system of government—wherein government denotes "sphere of influence". An authority viewed as legitimate often has the right and justification to exercise power. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock(s) and collapse. In political systems where this is not the case, unpopular regimes survive because they are considered legitimate by a small, influential elite. In Chinese political philosophy, since the historical period of the Zhou dynasty, the political legitimacy of a ruler and government was derived from the Mandate of Heaven, and unjust rulers who lost said mandate therefore lost the right to rule the people.
Two Treatises of Government is a work of political philosophy published anonymously in 1689 by John Locke. The First Treatise attacks patriarchalism in the form of sentence-by-sentence refutation of Robert Filmer's Patriarcha, while the Second Treatise outlines Locke's ideas for a more civilized society based on natural rights and contract theory. The book is a key foundational text in the theory of liberalism.
In political philosophy, limited government is the concept of a government limited in power. It is a key concept in the history of liberalism.
In political philosophy, the right of revolution is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without justifiable cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the American Revolution, French Revolution, the Russian Revolution, and the Iranian Revolution.
Voluntary taxation is a theory that states that taxation should be a voluntary act. Under the theory, people should have the option to pay taxes instead of being forced to pay taxes by their government. Under this theory, the people would control how much they pay and where they spend it. The theory is a part of Objectivist politics and many libertarian ideologies. Proponents of some studies assert that individuals will give to government, paying voluntary taxes to support specific functions.
Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people. In the United States, the term has been used to express this concept in constitutional law. It was also used during the 19th century in reference to a proposed solution to the debate over the expansion of slavery in the United States. The proposal would have given the power to determine the legality of slavery to the inhabitants of the territory seeking statehood, rather than to Congress.
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.
The "consent of the governed" meant propertied white men only.
the country adopted the United States Constitution in 1787. Article 1 of the Constitution empowers state legislatures to oversee federal elections. Suffrage, or the right to vote, was granted exclusively to white, land-owning men.
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