Maxim 2.1.15
Silence in the senate is a fault.
Silentium in senatu est vitium.
Source: 12 Co. 94
Difficulty 2/5 — Approachable
Explanation
Legislators who remain silent when they should speak — when rights are being infringed, when unconstitutional measures are proposed — are guilty of a dereliction of duty. The office demands active fidelity, not passive acquiescence.
Where this applies
- A state legislature passes a bill stripping citizens of their right to jury trial in civil forfeiture cases, and not a single senator rises to object or demand debate — their silence is a dereliction of their oath to protect the people's rights.
- A city council votes unanimously to grant police warrantless search authority in a designated zone, and the three council members who privately opposed it say nothing during the public session — their failure to speak is itself a fault.
- A committee chair tables a bill that would restore due process protections, and every member of the committee stays quiet rather than forcing a vote — legislators who remain silent when the constitution is at stake are guilty of neglecting their duty.
Legal domains
See also
Cite this maxim
NeCede Max. 2.1.15 — Silence in the senate is a fault. — 12 Co. 94 (Silentium in senatu est vitium.)
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