This phrase, a signature line of the Declaration of Independence, has echoed in official declarations ever since Jefferson's time. President Harry Truman assured Congress in 1952, "No government can be invested with a higher dignity and greater worth than one based upon the principle of consent." But this has long since been a charade.

As the federal government has become far larger and more heavy-handed, it is ever more important to persuade people that they consented to their oppression. But political consent is gauged very differently than consent in other areas of life. Political contracts only bind one side to an agreement. Consider the "Contract with America" that House Republicans offered in 1994, the "New Direction for America" that House Democrats offered in 2006, the "Pledge to America" that Republicans offered in 2010, and Donald Trump's "Contract with the American Voter" unveiled in October 2016. None of these "contracts" was enforceable in a court of law. Instead, they were simply political promises that, labeled as contracts or pledges, created the mirage of a binding obligation.

Political contracts differ from private contract because the former can never be nullified on account of deceit. Overt fraud is prohibited in private business dealings but is pervasive in political affairs. Citizens' consent to their rulers at the voting booth is effectively irrevocable — at least for the current term in office. This is the fatal imbalance: a politician can say or do almost anything to get people's votes. But after Election Day, people can do almost nothing to restrain the politician.

Consent and big government 

Almost a half-century ago, there was a brief, politically motivated recognition that the sheer size of government makes a mockery of citizens' consent. President Jimmy Carter told the Democratic National Committee in 1978 that "the trend has been away from this commitment" that "laws should be made with the consent of the governed." The 1980 Republican Party platform warned: "Government's power … has already reached extravagant proportions. As government's power continues to grow, the 'consent of the governed' will diminish." President Reagan warned in his 1981 inaugural address, "It is time to check and reverse the growth of government, which shows signs of having grown beyond the consent of the governed."

Yet, during Reagan's presidency, the federal government became more invasive and intolerant. Reagan launched one moralistic crusade after another, cracking down on drugs, scourging smut, and raising the national drinking age to 21. The Justice Department and Environmental Protection Agency became far more punitive, while the Internal Revenue Service set records for unjustified seizures from private citizens. But Reagan was still a saint for many conservatives because he denounced "big government."