Constitutional legitimacy - Definition and Overview

Constitutional legitimacy asks what makes a constitution legitimate. Why should laws produced in accordance with its stuffy old rules apply to us today?

The most popular theory is consent of the governed. That is, the people consent to the Constitution, like any other contract, and are later bound by its terms. But some argue since the Constitution binds all citizens, such consent would need to be unanimous, which is impractical in such a large country.

Randy Barnett has proposed what he calls the necessary and proper theory of constitutional legitimacy in his book, Restoring the Lost Constitution.