Government by Special Consent

Abstract

American political theorists have long assumed that the various governmental units composing the United States act only in accordance with the powers bestowed upon them by constitutions and conforming laws of their respective jurisdictions. But in recent years they have received an electric shock through the development of “government by special consent.” Basically, the new principle means that a supervisory authority can in reality exercise rights over persons and property not brought under its wing by the constitution under which it operates—provided certain public agencies or private parties agree to the extension. This practice, which has not yet received philosophical treatment, has enabled the several governments of the Union to conquer new worlds without resorting to the long, difficult, and unwieldy process of constitutional amendment. The novel method of transfer by agreement is both rapid and flexible. But why, one is led to inquire, do independent bodies surrender portions of their “sovereignty” to other groups? Certainly not through mere altruism. They do it “for value received,” be it financial aid, convenience, advertising advantages, or other rewards. In all ages, from biblical days to the latest moment, birthrights have been sold for “pottage.”Financial pottage needs no introduction to most American observers. They are well aware that various states in the Union, for example, have agreed to accept national control over their internal roads, educational affairs, forestry, agriculture, and other matters in exchange for monetary assistance from the federal government. Such transfers of authority for cash are of mutual benefit.