By: Joel Stephen Mattson
You don’t have to play by their rules. If you never agreed to be in an administrative court, you don’t have to stay in one. You have the power to withdraw consent, challenge jurisdiction, and demand that your case be heard in a constitutional court under Article III—where your rights are actually protected.
This article walks you through how to do exactly that.
Step 1: Understand the Legal Basis
Under Article III, Section 2, Clause 1 of the U.S. Constitution:
“In all Cases… in which a State shall be Party, the supreme Court shall have original Jurisdiction.”
This means that if the State is a party, a magistrate court cannot lawfully take jurisdiction without your consent. The Federal Magistrate Act also makes clear that magistrate judges only have authority when both parties agree.
No consent = no jurisdiction.
Step 2: Know the Difference Between Courts
- Article I Courts are legislative tribunals—administrative, not judicial. They follow rules of policy, not constitutional protections.
- Article III Courts are constitutional courts with lifetime judges, real due process, and jurisdiction granted by the Constitution.
(For a breakdown, read: What Is an Article I Court? And Why You’re Being Tried in One Without Knowing)
Step 3: Create Your Filing
You must make your withdrawal of consent clear, documented, and filed into the court record.
Here’s what to include:
- Title the Document Clearly
- Example: “Notice of Non-Consent to Magistrate Jurisdiction and Demand for Article III Court”
- State Your Status and Rights
- Example: “I am a living man/woman domiciled in the Republic, not a U.S. Citizen or corporate entity. I do not consent to be tried under administrative jurisdiction.”
- Cite Authority
- U.S. Constitution Article III, Section 2, Clause 1
- 28 U.S.C. §636 (Magistrate jurisdiction requires consent)
- Brady v. U.S. and Boykin v. Alabama (waivers must be knowing and voluntary)
- Withdraw Consent
- Clearly state: “I do not consent to this court’s jurisdiction and do not consent to a magistrate judge.”
- Demand Proper Jurisdiction
- Example: “I demand transfer to a court of proper Article III jurisdiction, where due process is preserved.”
Step 4: File and Serve
- File the document with the clerk of court
- Serve it to all parties (judge, prosecutor, attorney)
- Get a certified copy stamped with the filing date for your records
(You can also use certified mail for maximum proof.)
Step 5: Refuse to Waive
Even if the court proceeds, keep asserting:
“Objection: I do not consent. Jurisdiction has not been established.”
Say it out loud in court. Make it part of the transcript. Jurisdiction can be challenged at any time.
Step 6: Demand Proof of Jurisdiction
File a “Demand for Proof of Jurisdiction” and make the court produce legal authority for its actions. If it cannot prove jurisdiction without your consent, the case is void.
Real Legal Impact
Thousands of people have successfully:
- Withdrawn consent
- Dismissed cases
- Blocked administrative rulings
And in cases where the State is a party, invoking Article III jurisdiction has stopped proceedings cold.
Final Word: Reclaim Your Rights
They depend on your silence. They feed on your ignorance. But once you withdraw consent and stand on your constitutional authority, everything changes.
You are not required to be judged by bureaucrats in corporate policy courts.
You have the right to a real court, under a real Constitution.
Use it.
Next Article in the Series: How Article I Courts Were Created to Bypass the Constitution
Back to Consent Trap Series Overview: Consent Trap Landing Page