John Locke on Tacit and Unintended Consent

In his Second Treatise on Law and Government, John Locke outlines clear and coherent standards for what constitutes a legitimate government and what persons one such government would have authority over. Both are determined by citizens' acts of consenting to relinquish to the government part of their natural authority over their own conduct. Unfortunately, the situation becomes much less clear once we consider how his standards would apply to the political situation existing in the real world today. If we continue to subscribe to Locke's account without altering its standards, we would see a precipitous drop in the number of people whose interests existing governments are responsible for serving. In this paper I will show that with certain changes and clarifications to Locke's standards, the responsibilities of existing governments need not be allowed to shrink so drastically. This creates a tradeoff, however. Changing the standards to apply more closely to actual functioning governments has the consequence of making it more difficult to determine the legitimacy of those governments. Some of the clarity of Locke's theoretical model is lost in translating it to apply to actual instances of government.
A cornerstone of Locke's political philosophy is the idea that a government holds power legitimately only through the consent of the governed. A civil society consents to grant a particular government rule over it, and each person chooses on an individual basis to become a member of a particular civil society (II, 117). As giving such consent has far-reaching consequences over a person's life, Locke provides further explanation of what "consent" entails in this context.
Only one way exists to become a member of a civil society: express consent. From Locke's account this would have to be a fairly formal business, which the individual enters "by positive Engagement, and express Promise and Compact" (II, 122). Locke's original wording is important because it