Durable Law

"None of us took this city from the Muslims. No Muslim of the great army coming against us was born when this city was lost. We fight over an offence we did not give, against those who were not alive to be offended. What is Jerusalem? Your holy places lie over the Jewish temple that the Romans pulled down. The Muslim places of worship lie over yours. Which is more holy? The wall? The Mosque? The Sepulchre? No one has claim...All have claim!"
--Balian of Ibelin (Kingdom of Heaven)

The Constitution was developed as the supreme law of the land. Some people who oppose it today argue that the Constitution, being developed over 200 years ago, does not apply to them because they were not around to agree to it.

Indeed, in order to be just or legitimate, law requires the consent of the governed.

But how can consent of the governed be achieved in practice? Any law passed today does not have the consent of someone born tomorrow. Moreover, for laws passed by democratic vote, those who vote against the law do not consent either.

It is impossible that any law gains explicit consent of the governed. That being the case, how it it possible that any law can be viewed as legitimate over any length of time?

A law can be legitmately durable if it carries implicit consent. Consent is implied if we can assume that any and all people can agree on a law's legitimacy at any point in time.

The only laws that meet this condition are those grounded in the natural rights of individuals. Natural rights involve the freedom to pursue one's interests without being forced to do otherwise by someone else. All must respect this right, meaning that I can't initiate force to interfere in your pursuits just as you can't violently intervene in mine. Laws based on natural rights are inalienable, meaning that they cannot be legitimately revoked by government.

Laws grounded in natural law prohibit people from initiating force on others. The only legitimate use of force is for self-defense purposes.

It is reasonable to assume that good people, regardless of their position in time, would consent to such a law--i.e., a pledge not to initiate violence on others, and to face legal consequences if violence is initiated on others. Only bad people would not consent to such.

Laws grounded in natural rights form the basis for durable law since they are the only laws to which we can assume that good people would consent to--even if they were not alive when the laws were developed.