Thursday, April 26, 2007

Law of the Land tea

"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never passed." ~ Norton Vs Shelby County, 118 US 425
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"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would had the statute not been enacted.
"Such an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it...
A void act cannot be legally consistent with a valid one. An unconstitional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it." ~ Sixteenth American Jurisprudence 2nd Section

2 comments:

David Schantz said...

I feel a good deal of our gun control laws are unconstitutional but they are being enforced by our corrupt judges.

God Bless America, God Save The Republic.

Stan said...

Titus,
I love the "Gardener's Cafe". As a people we seem to have lost the direction our forefathers had. I believe the main reason is because we no longer believe " The Fear of the Lord is the beginning of all Wisdom and Knowledge"! We must return to our foundation!
Stan