What is the consent of the governed? The Role of Consent in Law

It’s true, the government derives its “powers from the consent of the governed’.

While I am working on a book to cover this topic deeper, here is a brief overveiw of why the “consent if the governed” is still important to this day.

Powers from the consent of the governed excerpt from the declaration of independence

Here’s the deal, this point and the role of the Declaration of Independence are all too often overlooked…

But what role does consent play in law?

Today we will take a look at consent and its vital role in how the government operates.

By being able to spot the many ways you may be unknowingly consenting to the government everyday, you can learn how to stand up for your rights which are granted by the Creator.

Sound like a plan? Then let’s jump right on in!

The Declaration of Independence: The Role of “Consent of the Governed”

The Declaration of Independence laid the grounds upon which the US Constitution, as well as many the many state constitutions still stand.

Yet it is often ignored and overlooked, even though it is truly the foundation of the current United States Government.

More importantly, the Declaration of Independence puts the idea of government by consent to paper.

Something which had previously not been done.

The Birth of Consent of the Governed

The idea of a government operating under the consent of the governed came in response to the rule by divine right by monarchs.

Rather than one man or woman reining over the governed, the idea of consent of the governed gives us each the ability to keep the government in check.

Instead of serving the government, the government serves the People.

The consent of the governed was born from the recognition, that all men are created equally. That we all have equal rights given to us by the Creator.

“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.”

And as a result, the current government can not operate without the consent of the governed.

Rights are Not Created By the Government

“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

The recognition that Rights do not derive from the government, is inseparable from a government which is derived from the consent of the People.

Without the recognition that your rights come from “Laws of Nature and of Nature’s God”, you begin to enter a world of consent.

Civil Rights Are Rights (with Consent to be Governed)

Here’s the deal, like it or not. Without recognizing the true source of your rights, you lose them.

That is what civil rights are for…

Civil rights are rights that derive from the government through legislation. They are rights that exist on paper, created by man.

Once you trade civil rights, for those granted by the Creator. You are entering into consent to be governed.

Consent and The Right to Be Self-Governed

At the core, the Declaration of Independence acknowledges a right to self-government.

With the caveat that one does not infringe on the “God-given” rights of others. This was a point broadly recognized not only by the “Founding Fathers” themselves but also by the courts.

“at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects… and have none to govern but themselves;”

-Chisholm v. Georgia, 2 U.S. 419 (1793)

Although the US Supreme Court decision was later nullified by the 11th amendment only 2 years later.

The idea of the consent of the governed continued on…

“The people of this State, as the successors of its former sovereign, are entitled to all the rights which formerly belonged to the King by his prerogative. Through the medium of their Legislature they may exercise all the powers which previous to the Revolution could have been exercised either by the King alone…”

Lansing v. Smith, 4 Wend. 9 (1829)

How You Give Consent to Be Governed Everyday

So, now that you know that the government rules by consent. What can you do to stay out from under the government?

Well, that is not easy to answer. And not everyone wants to. After all, there are many benefits to consenting.

Regardless here are a few ways by which you are likely to consent to be governed.

1. Consenting to Police Interactions

In police interactions, you can get a fairly clear picture of how consent works.

A good way to learn how not to give consent during a police interaction is to watch first amendment audits.

Look, you have a 5th amendment right to remain silent, but no one is going to invoke that right for you. If you talk and incriminate yourself, you have consented to be governed. Only you can learn your rights and invoke them properly.

There are many other ways in which you can consent to be governed during a police interaction.

For example, an officer may ask you for your identity, and if you consent you have waived your rights.

On the other hand, the conditions under which an officer can require you to identify yourself are very limited.

2. By Accepting Civil Rights and Privileges

As I stated earlier, civil rights are a form of gaining consent to be governed. The same is true for accepting privileges as well.

This is a controversial point, but this makes a great example.

For example, getting a driver’s license, rather than enforcing your right to travel is government consent.

Or, another good example would be getting a concealed carry permit, rather than enforcing your constitutionally protected right to bare arms.

Obviously, invoking either one of these examples would come with challenges most of us choose not to face. But that is consent to be governed none the less.

3. By Rejecting the Natural Origin of Your Rights

As stated earlier, your rights DO NOT come from the government, but instead, come from the Creator.

By failing to recognize the Creator as the origin of your rights, you lose them, and fall into the realm of consenting to be governed.

4. By Refusing to Sacrifice for Your Freedom

We live in a world of convenience. The last thing most of us want is a challenge, and this is an excellent way to fall into the facets of consent to being governed.

Consent to Covid-19 Laws

We need to look no further than the myriad of “laws” passed in response to Covid-19.

These “laws” (executive orders) have exposed the consent based government we live in.

Furthermore, these laws expose that most people are willing to knowingly, or unknowingly consent to be governed.

No one can make you wear a mask, not in north Carolina, not in California. You, the businesses in your area, and the people around you have to consent.

Maybe you will lose your job by not consenting, maybe you can’t go to your favorite grocery store if you don’t comply. But without sacrifice, you will continue to lose your freedoms day by day.

And this simply underlines the point that without faith in a Creator who grants you rights, and has a plan for your life, you consent to be governed by the laws of man.

The Bottom Line on Consenting to Governmental Authority

At the end of the day, self-accountability is the only way to even begin to see the true function of government in our society.

We do not live in a country where the majority rules the minority. We live in a nation where the divine rights of people shall not be infringed by individuals who chose to defend them.

Truly, if you don’t stand up and defend your rights, the rights of your family, and the rights of the children. Don’t expect anyone else to.

But if you do decide to step out from under the laws of man. And into the Greater laws of the Creator.

You will be amazed how many are there to help you along the way!

Until then, I exhort you to have faith, and be thankful to the Creator for all we have.