Third, legitimate constitutional government, therefore, exists only by the consent of those governed. As the Declaration of Independence explains in laying out the principles of the new nation, Governments are instituted among Men, deriving their just powers from the consent of the governed. So America s government institutions derive their just powers from the Constitution, and the Constitution derives its authority from the consent of the people who have ordained and established it. Because consent is the only legitimate source of political power, government must rule according to the rule of law. In other words, government cannot simply exercise power as it wishes, but must instead exercise power according to rules and laws authorized by the consent of the people.
Government exists to secure the natural rights of the people.
As the Declaration of Independence explains, government is grounded on the truths that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness, and that to secure these rights, Governments are instituted among Men. It is for this purpose of securing rights that the people consent to the creation of government and authorize it to exercise power over them. When government, therefore, acts without the authority of the Constitution it fails to fulfill the purpose for which the people consented to it in the first place. This is why, after all, the Americans declared independence from Britain the famous no taxation without representation theme from the Revolution is simply a different way of saying that legitimate government must act only upon the consent of the governed for the securing of their rights. Consider how most of our critical political decisions are made today.