Presented by Willard Hurst as part of his course "Introduction to Modern American Legal History" at the University of Wisconsin Law School in 1978. This discussion begins with an investigation of Henry Thoreau's ideas on the moral and political basis of legitimacy. This leads into an examination of the consent of the governed, the nature of legal action, moral responsibility within the legal order, and the effects of the voting process. Thoreau's thoughts on legitimacy of power and civil disobedience work to frame a discussion around public distrust. The mass poll tax, Vietnam War, and the war on Mexico are all identified as single issues that had the ability to prompt collective action. Hurst goes on to explain the protections that are afforded to dissenters within a constitutional legal order.
