Jo

The "consent of the governed" is somewhat true even when it is without the consent of 49% of the governed, because a ton of citizens of democracies in real life feel some sort of "Well, I guess it is us making this decision" even when they're in the 49%. They are consenting only because they think they're consenting. Like fairy magic and abstract currency, it works only because they believe in it. 

Of course, many people don't believe this, especially when the 51% has voted for their imprisonment or extermination. That's where it's really just a polite fiction resulting from a self-deceiving attempt to rationalise to yourself that forcibly imprisoning people is done with your victims' consent. 

"So, uh, are you just opposed to majoritarian democracy?" No! I like majoritarian democracy (or at least support it due to its status as one of the lesser evils). I just justify it because it results in good things without causing too much suffering, rather than dishonestly shoehorning it through some kind of libertarian natural-rights "And so you see, by not walking into the ocean, they consent to be governed by our laws" ethical kludgery.

Join utilitarianism! We have cookies, and you're allowed to eat them even if your only purpose in doing so is because it gives you pleasure!