  These last two points defeat the argument that tacit consent requires a prior duly constituted authority. What Locke's picture suggests is that valid consent or tacit consent do not require that the consented to proposal be made by someone already in authority; they can be valid as long as the proposal is made when there is no authority already in place. The proposals can be drawn up by someone who has the right to make the proposal. In the state of nature, anyone presumably has this right.