“We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent.”

319 U.S. 641
Judicial opinions, West Virginia State Board of Education v. Barnette (1943)
Context: We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.

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Robert H. Jackson 96
American judge 1892–1954

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I have quoted so much at this time merely to show that, according to our ancient faith, the just powers of governments are derived from the consent of the governed. Now the relation of master and slave is pro tanto a total violation of this principle. The master not only governs the slave without his consent, but he governs him by a set of rules altogether different from those which he prescribes for himself. Allow ALL the governed an equal voice in the government, and that, and that only, is self-government.

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Context: The proportions of good and evil in any society depend partly upon the proportion of consent to that of refusal and partly upon the distribution of power between those who consent and those who refuse.
If any power of any kind is in the hands of a man who has not given total, sincere, and enlightened consent to this obligation such power is misplaced.
If a man has willfully refused to consent, then it is in itself a criminal activity for him to exercise any function, major or minor, public or private, which gives him control over people's lives. All those who, with knowledge of his mind, have acquiesced in his exercise of the function are accessories to the crime.
Any State whose whole official doctrine constitutes an incitement to this crime is itself wholly criminal. It can retain no trace of legitimacy.
Any State whose official doctrine is not primarily directed against this crime in all its forms is lacking in full legitimacy.
Any legal system which contains no provisions against this crime is without the essence of legality. Any legal system which provides against some forms of this crime but not others is without the full character of legality.
Any government whose members commit this crime, or authorize it in their subordinates, has betrayed its function.

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