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"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.
The theory of a tacit social contract holds that by remaining in the territory controlled by some society, which usually has a government, people give consent to join that society and be governed by its government if any. This consent is what gives legitimacy to such a government.
[107] [133] [134] [135] The South Carolina declaration of secession from December 1860 also mentions the U.S. Declaration of Independence, though it omits references to "all men are created equal" and "consent of the governed".
Perhaps the earliest utterance of "consent of the governed" 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.
In Congress, July 4, 1776. The unanimous Declaration of the thirteen united States of America. When in the Course of human events, it becomes necessary for one people to dissolve the political ...
Generally favoring the most highly populated states, it used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties. [9] The New Jersey Plan proposed that the legislative department be a unicameral body with one vote per state.
What is a consent decree? The 1994 Violent Crime Control and Law Enforcement Act gave the civil rights division of the Justice Department the power to investigate systemic police misconduct.
This was often linked with the notion of the consent of the governed—the idea of the people as a sovereign—and had clear 17th- and 18th-century intellectual roots in English history. [6] [7] The concept unified and divided post-Revolutionary American thinking about government and the basis of the Union. [8]