Consent: A concurrence of wills. Voluntarily yeilding the will to the proposition of another; acquiescence or compliance therewith. Agreement; approval; permission; the act or result of coming into harmony or accord. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. It means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another. It supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Consent is implied in every agreement. It is an act unclouded by fraud, duress, or sometimes even mistake. [Blacks Law Dictionary Sixth Edition]
Consent, in fact, is what creates ALL law, whether public or private:
"Consensus facit legem"
"Consent makes the law. A contract is a law between parties, which can acquire force only by consent." [Bouvier's Maxims of Law, 1856]
Only the criminal laws can impose a universal obligation or 'duty' equally upon everyone, and that duty is to refrain from injuring the equal rights of our sovereign 'neighbor'.
This, in fact, is a fulfilliment of the second of the two great commandments found in Matt 22:36-40 which requires us to love our neighbor. And "Do not strive with a man without cause, if he has done you no harm." Prov 3:30
All remaining laws other than criminal law are civil in nature and require individual consent in some form to be enforceable. That constructive consent occurs through one of the following means:
- Choosing a DOMICILE within the territory of a government that is operating outside of natural law and natural right, and thereby becoming subject to injurious civil laws which undermine rather than protect your rights.
-Engaging in a privileged or regulated franchise. Performing the activity implies constructive consent to the regulation of the activity.
-Signing a government form or application to contractually procure some 'privileged' "benefit", which manifests consent to be subject to the laws that implement the program and causes you to surrender some of your rights in return for a perceived benefit.
The only lawful way that a human being can lose a constitutionally guaranteed right is therefore:
1) To contract away rights through voluntary, informed, written consent.
"Waivers of Constitutional rights not only must be voluntary, but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences." Brady v. U.S 397 U.S 742 (1970)
2) To engage in activities that injure the equal rights of others.
3) to acquiesce or tacitly consent to injurious behaviors of others that adversely affect our rights.
"SUB SILENTIO. Under silence; without any notice being taken.
Passing a thing sub silentio may be evidence of consent."
Black's Law Dictionary, Fourth Edition
"Invito beneficium non datur." No one is obliged to accept a benefit against his consent. Dig. 50, 17,69. But if he does not dissent he will be considered as assenting. Vide Assent Non videtur conensum retinuisse si quis ex praescripto minantis aliquid immutavit. He does not appear to have retained his consent, if he have changed anything through the means of a party threatening."