The Unwritten Constitution of the United States a Philosophical Inquiry Into T
The Unwritten Constitution of the United States a Philosophical Inquiry Into T
Christopher Gustavus Tiedeman
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The form which the theory generally assumes in the United States is that " governments are insti- tuted among men, deriving their just powers from the consent of the governed " (Declaration of Inde- pendence). While that doctrine is true in the sense that all governments rest upon the acquiescence in their decrees of the great mass of the people whom they rule, it is not true that the power is derived from the consent of all the governed. Confessedly, the power to control the actions of women a...nd children is not derived from their consent, not even in the land of so-called universal suffrage. And where the suffrage of male adults is limited to those who possess an educational and property qualification, the fallacy of the doctrine becomes still more manifest. It is absurd to say that the thieves and thugs who infest society ever subscribed their consent to the criminal laws of the land. They have not even acquiesced in their establishment, except so far as an over- powering force has compelled them to yield partial obedience.
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