First, I grabbed a copy of every policy, law and court ruling regarding "Active Consent"

I changed "Sex" to 'Governed' to reflect the spirit of the Declaration of Independence; Governments derive “their just powers from the consent of the governed.”

That gave me something entertaining, a simple conversation starter that friends and I could laugh about.

...but I kept writing, and I ended up with an interesting Neo-Lockean idea.

After a little polish, and some fleshing out. It's now a proper legal argument and policy proposal.

It is a good premise for legal activism. Have a read;

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Draft #6

Active Consent to Be Governed Act

A Declaration and Proposed Constitutional Framework

Preamble

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights — and not to grant them — Governments are instituted among Men, deriving their just powers solely from the ongoing affirmative consent of the governed. (The Declaration of Independence para. 2 (U.S. 1776)).

Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. (The Declaration of Independence paras. 2-3 (U.S. 1776)).

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this principle of Active Consent as the foundational standard of all legitimate authority. The object of this Act is to assure, restore, and perpetually enlarge the sphere of Liberty for ourselves and our Posterity, consistent with the sacred purposes for which free government was first instituted. (U.S. Const. pmbl.).

Section 1. Definition of Consent

Consent to be governed means the affirmative, unambiguous, and voluntary agreement of the people to the exercise of governmental power. Such consent must be freely given through words, clear actions, or other unambiguous conduct indicating a willingness to submit to such authority. This consent is ongoing and must be present at every moment that governmental power is exercised. The lack of protest, the absence of resistance, long custom, prior elections, residence, or birth within these shores shall not constitute consent. (See, e.g., Janus v. AFSCME, Council 31, 585 U.S. 878, 885-86 (2018)).

Section 2. The Right to Revoke Consent

Consent to be governed may be revoked at any time, for any reason or no reason, by clear words, actions, or other unambiguous conduct. Once consent is withdrawn, all exercise of governmental power over the withdrawing party must cease insofar as it may be done without violating the rights of others. Retaliation or coercive force against those who revoke consent is tyranny. (Accord Janus v. AFSCME, Council 31, 585 U.S. 878, 885-86 (2018)).

Section 3. Capacity and Validity of Consent

No consent to be governed shall be valid when obtained by force, coercion, duress, fraud, deceit, or material misrepresentation. Nor shall it be valid when the people are kept in substantial ignorance of the true nature and consequences of the powers exercised over them, or when gross imbalances of power render their agreement involuntary. Arbitrary or discriminatory exercises of power are likewise void. (Yick Wo v. Hopkins, 118 U.S. 356, 373-74 (1886)).

Section 4. Affirmative Duty of Government

It is the affirmative duty of every governing body to ensure that the ongoing, active consent of the governed is freely and continually maintained. The burden rests not upon the people to resist or repeatedly declare their non-consent, but upon those who would wield power to demonstrate that such power is affirmatively granted. (Consistent with Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 471 (1793) (Wilson, J.)).

Section 5. Presumption of Non-Consent

In the absence of clear, affirmative, and ongoing consent, the default position of the law and of this Republic shall be lack of consent to be governed. All governmental power exercised without such consent is presumptively illegitimate.

Section 6. Periodic Reaffirmation and Rejection of Tacit or Ancestral Consent

No consent to be governed shall be deemed perpetual or irrevocable. All significant exercises of governmental authority shall be subject to regular and genuine mechanisms of periodic, active reaffirmation by the living generation, including sunset clauses and referenda as appropriate.

We expressly reject the doctrine of tacit consent propounded by John Locke in his Second Treatise of Government, whereby mere residence, inheritance of property, or continued enjoyment of civil protections is held to imply perpetual obligation to the state. Such implied consent, though convenient to power, binds free individuals by silence and inertia rather than by their own voluntary will, reducing them once more to the condition of subjects.

Furthermore, the consent of our forefathers, however solemnly given in their day, is not the consent of the present generation. Each generation stands equal before the Creator in its sovereign right to evaluate, affirm, or withdraw its consent to the powers exercised over it. Yesterday’s compact does not bind living men and women as a perpetual inheritance, nor may it lawfully encumber our Posterity without their own affirmative agreement. Past acquiescence creates no irrevocable title to authority.

Section 7. Application

This principle of Active Consent shall bind every branch and level of government — federal, state, and local. It governs all exercises of authority, whether by taxation, regulation, conscription, licensing, or administrative decree. No claim of implied consent by virtue of past acquiescence shall stand against the rights of the people.

Section 8. Right to Alter or Nullify

Consistent with the Declaration, the people retain the sovereign right to alter, reform, or nullify in whole or in part any government, law, tax, or regulation that exceeds the bounds of their active consent.

Section 9. Remedies

Any individual or group whose active consent has been violated shall have the right to full and effective remedies. Such remedies include, but are not limited to: declaratory judgment that the offending exercise of power lacks legitimacy; injunctive relief to immediately halt the non-consensual exercise of authority; nullification of the law, tax, regulation, or mandate as applied to the non-consenting party; restitution of any property or funds taken without affirmative consent; and other equitable relief as justice may require.

In cases of systemic and repeated violations evincing a design to impose authority without consent, broader remedies extending to the alteration or abolition of the offending powers shall be available, consistent with the principles of the Declaration of Independence. All remedies shall be pursued peacefully where possible and shall not impair the fundamental rights of third parties. Retaliation by government against those seeking such remedies constitutes tyranny and shall itself be void. (The Declaration of Independence paras. 2-3 (U.S. 1776)).

Section 10. Consent to Criminal Jurisdiction by Violation of Rights

Nothing in this Act shall shield any person from accountability for violating the natural rights of others. Whoever initiates force, fraud, or coercion against the life, liberty, or property of another thereby places himself under the legitimate jurisdiction of the people for redress and punishment.

By such aggression, the offender gives affirmative consent to be held accountable under the principles of justice. This specific consent arises directly from the wrongdoer’s own voluntary act, not from any presumed general consent to be governed. It justifies proportionate prosecution, restitution, and punishment, consistent with the protection of innocent rights.

The right of self-defense and the communal right to restrain and punish aggressors remain inviolable foundations of a free society, grounded in the laws of nature and of nature’s God.

Section 11. Purpose and Construction

This Act shall be liberally construed to secure and enlarge the Blessings of Liberty. Government exists solely to protect pre-existing rights; it possesses no authority to grant rights nor to presume perpetual dominion over a free people. Where any doubt arises, the presumption shall always favor Liberty and the active consent of those who are governed. (Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886)).