Can Judges Save Us From Statism?

J.H.Huebert reviews Randy Barnett's book on Restoring the Lost Constitution :

Mr. Barnett also refutes arguments that one consents to a nation's government simply by living within its borders. To argue that residency equals consent, one must assume "that lawmakers have the initial authority to demand your obedience or exit in the first place." The residency argument cannot support this assumption anymore than it could be said that a rape victim consents "simply by being there."

Mr. Barnett also effectively disposes of the arguments of those who say the country's founders consented on our behalf. First, the founders themselves did not unanimously consent to our government. Second, even if they had, they could not have consented on behalf of the rest of us, because we did not give them that authority. Consent, by definition, can only be given by the individual. If this were not the case, there would be no need for, say, trial by jury. Your representative in a state legislature or the US Congress could simply waive your rights for you. After all, they are your "duly elected representatives."

Arguments you don't hear everyday.Certainly not at many of the law schools in the U.S.