By Justin Williams
Often times Libertarians, Conservatives, and others support the Constitution to it’s fullest, but it some ways it has been used against us. The Constitution begins with “We the people of the United States…” which is a claim on legitimacy. This is to give the idea that the government is legitimate because it is being governed by the people. The government acts as if citizens are bind by the Constitution, when it fact it is a document to bind government.
Some may say the very fact we vote shows that we consent to this. This cannot be true. We often vote not because we want to be apart of the system, but because the system is coercing us. We may just want to simply pick the lesser of two evils. This does not mean however that we agree with every decision. Imagine you voted for the losing Congressman and now his opponent is serving your district. Since we voted/consented in some people’s mind to the system, does that now mean we agree with every vote and every bill that the new Congressman opposes? Of course not.
Some would say the very fact we have not moved to another place shows that we consent. While it is fair to say that when you go to work for someone, you are consenting to their rules. It is not the same for the government. When you go to work for someone, they are asking for your consent to their rules and you often have to sign something. No one has every asked me for my consent to the U.S. government. What if you were asked to take the oath? If you didn’t take the oath does that mean that the government can kick you out? This would presuppose that you agreed to give them the right to kick you out. If you do not have to agree then where did their right come from?
The Constitution was not approved unanimously, like for example a market place transaction, nor was it even a majority decision. It was approved by a majority of delegates, who were elected by a majority from each state. Not to mention only white property owning males could vote. “We the people” are not bound by the founding fathers decisions and the government has taken our “implied consent” to over step the Constitution. The Constitution was suppose to be our best friend, but our blind love for it has opened a hole for big government to tear through.
This post comes from reading, Barnett, Randy, “Constitutional Legitmacy” Columbia Law Review. Vol. 103, No.1 (2003) pp. 111-148.
