When is an Unconstitutional Law Law?

Posted on: March 21, 2009 by: admin
The Bill of Rights, the first ten amendments t...
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This just came in the email from my buddy David Justice. I found it worthy of posting here:

The Supreme Court has spoken to the concern of unconstitutional acts passed into law. Essentially what has been held is that an “unconstitutional law,” like “hot ice,” is an impossible oxymoron. An unconstitutional act is void “ab initio” i.e. the moment it is signed into “law.” The “void ab initio” doctrine received its classic formulation in the case of Norton v. Shelby Co.118 U.S. 425, 442, 6 S.Ct. 1121, 1125, 30 L.Ed. 178 (1886) wherein it was held that: “An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection, it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.” See also Ex parte Siebold, 100 U.S. 371, 376-77, 25 L.Ed. 717 (1879) (“An unconstitutional law is void, and is as no law. An offense created by it is not a crime. A conviction under it is not merely erroneous, but is illegal and void, and cannot be a legal cause of imprisonment.”).

Bottom line? The American people have a duty not to consent to an unconstitutional act masquerading as law. If Obama is not constitutionally qualified to hold the office of president, all his decisions under the guise of that capacity are void.

As members of the sovereignty, to remain consistent with the principles of the declaration of independence, the American people have a duty not to dignify a statute passed that is repugnant to the constitution. Though failure to comply could be perceived as an act of civil disobedience by the ignorant, in truth, if the agent has transgressed the principal’s delegation of power, the principal has a duty to call the agent on it to avoid giving the appearance of consent.

The United States of America, as well as the governments of the 50 States are created and established by constitutions. A constitution is analogous to a power of attorney. For the purpose of the relationship, the people are sovereign; and the government their agent. The constitution both grants power and limits power granted.

State constitutions, unlike the federal constitution, grant to lawmakers the plenary power to make law. In other words, the state constitutions grant absolute power to lawmakers to determine what is and isn’t reality, while the Federal constitution grants limited power to the United States, and further restricts that power by the first ten articles in amendment, commonly known as the Bill of Rights. The Tenth article in Amendment reserves all power not granted by the federal constitution or prohibited by it to the states, to the People.

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