In my judgment the reason for the failure of the recent immigration bill is that the proposed legislation represented liberal overreaching. By suggesting people who violated American sovereignty should be rewarded with the rights of citizens struck those with a republican orientation as absurd. This was seen, rightly or wrongly, as the frivolous dissemination of rights.

The proliferation of rights is not accompanied by a devotion to duties. People assume rights are manufactured – as indeed they often are – and are served to the American people cost free. As a consequence, there is a natural constituency for rights proliferation and not one for a traditional republican form of government.

Yet there are many areas of public life where the consent of the governed should prevail. If the public is wary of radical Islam and its penchant for violence, must we say rights should be applied to radical Muslims and Muslims alike? If the people are unwilling to embrace guest workers who do not have any interest in being American – speaking our language, learning our customs and history and sacrificing for the nation – does it make sense to extend the rights of American citizens to these workers?

Clearly the tension between liberalism of John Stuart Mill and the republicanism of Jefferson is embedded in our history. This moment, in a sense, is not different from others. But I would contend we have tilted so far in a liberal direction, we have lost our way. It’s time to rebalance philosophical assumptions and restore consent of the governed into the national debate on public policy issues.