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NeCede's

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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