By: Joel Stephen Mattson

Most people believe that by simply showing up to court, they’re complying with a lawful process. But what they don’t realize is that just stepping into the courtroom—especially an Article I court—is being interpreted as consent to that court’s jurisdiction. Not because you agreed in writing, not because you signed a contract—but because you didn’t object.

And in the legal world, silence is being used as a weapon.

Silence Is Not Consent Under Constitutional Law

In contract law, silence alone does not equal agreement—especially when the terms aren’t disclosed. For consent to be valid, it must be:

• Knowing
• Voluntary
• Intelligent

Yet in many courtrooms, your silence is being twisted into something it’s not: a binding agreement to submit to a jurisdiction you were never told about.

How Courts Trick You Into “Agreeing”

Under the Magistrate Act of 1974, federal magistrates only had jurisdiction with the consent of both parties. If either party objected, the magistrate had no authority to proceed.

But later amendments removed the requirement to inform you of this right. The courts now operate under the presumption that because all laws are public, you “should have known.” So they treat your failure to object as if you said, “Yes, I agree to this court and everything it decides.”

This is legal fraud by omission. They hide the terms, then pretend you agreed.

You Can’t Waive Inalienable Rights — Especially Not Silently

Your constitutional rights are inalienable. That means:

• You can’t lose them
• You can’t give them away
• You can’t waive them unknowingly

Yet courts often proceed as if you’ve waived:

• The right to a constitutional judge
• The right to challenge jurisdiction
• The right to due process

All because you didn’t object to a process you didn’t know you could object to.

The Danger of Administrative Courts (Article I Tribunals)

When you appear in an Article I court without objecting, your silence is taken as agreement. But these courts operate by:

• Rules of procedure
• Administrative policy
• Legislative authority

They are not constitutional courts. They do not have Article III authority. If you didn’t explicitly and knowingly agree to this structure, then everything that follows is tainted by lack of jurisdiction.

(Read: What Is an Article I Court? And Why You’re Being Tried in One Without Knowing)

Silence = Contract? Only If You Let It

Legal scholars agree: consent obtained through deception or omission is not valid consent. Just like in contract law, you cannot be held to an agreement you were never made aware of.

In fact, several court rulings affirm this:

• Boykin v. Alabama, 395 U.S. 238 (1969) – Waivers of constitutional rights must be knowing, voluntary, and intelligent.
• Brady v. United States, 397 U.S. 742 (1970) – Coerced or uninformed waivers are invalid.

So when a court proceeds as though you agreed—without informing you of your right to refuse—it is proceeding under a fraudulent presumption.

How to Revoke Presumed Consent

If you never knowingly agreed to the court’s jurisdiction, you can revoke consent and challenge authority at any time. Use written filings like:

• Notice of Non-Consent to Magistrate Jurisdiction
• Objection to Article I Tribunal Authority
• Demand for Article III Constitutional Court

Make your objection part of the record. Because once consent is withdrawn, the court has no jurisdiction to continue.

What Others Have Done to Challenge Jurisdiction

• Filed affidavits stating lack of consent and demand for Article III courts
• Raised jurisdictional objections in open court and demanded them be entered into the record
• Cited Brady, Boykin, and the original Magistrate Act to prove the court lacked authority

Once jurisdiction is challenged, it must be proven on the record. If it can’t be proven, the case collapses.

Final Thought: They Can’t Use Your Silence Against You—Unless You Let Them

You never consented. You were never informed. And no court has the right to presume your consent just because you stood quietly in the courtroom.

Stand up. Speak up. Challenge jurisdiction.

Because when you do, everything they built on your silence falls apart.

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Next Article in the Series: Fraud By Omission: How Courts Violate the Constitution by Withholding Truth About Consent

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