The Collapse of Consent

The Collapse of Consent

On the latest episode of Legal Spirits, I speak with legal scholar Steve Smith (University of San Diego) about a foundational principle of American law and politics: "the consent of the governed." That phrase, which goes back to the Declaration of Independence, has long served as a central justification for our constitutional order. Our government is legitimate, we tell ourselves, because, as a free people, we have agreed to it. But in a society…