[T]o secure [life, liberty, and the pursuit of happiness], governments are instituted among men, deriving their just powers from the consent of the governed . . . Declaration of Independence.
As a market anarchist, I have no problem with this statement.
The problem is when “consent of the governed” actually isn’t consent. Iraq’s constitution is a good example of “consent” in action. 63% of Iraq’s adult populace turned out, 78% voted in favour. That’s 49%. 49% of the adult population just bound the other 51% (and their children) to a form of governance they did not choose, and in 2.5m cases, actively rejected. This is consent of the governed?
We are the people of Iraq, who in all our forms and groupings undertake to establish our union freely and by choice . . . Preamble, Constitution of Iraq, AP translation (emphasis mine).
Or not, as the case may be.