Indeependent
Diamond Member
- Nov 19, 2013
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Translation:I guess that’s why we have entire legal libraries filled with case law.How is any of this pertinent to what I posted? You've cited a wonderful commentary but it is completely irrelevantI don't agree with some posters on their political stances many times. I do disagree with you on your knowledge of the law. Some of us have actually studied and worked in that field. Now, I've heard your opinion about this subject and I've looked into how the United States Supreme Court would answer you. Here it is:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
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 be had the statute not been enacted.
Since an unconstitutional law is void, the general principals 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 unconstitutional 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Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.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, Second Edition, Section 177. (late 2nd Ed. Section 256)
since it has not been applied to my comments in any way at all.
So it sounds impressive but it exists in an intellectual vacuum and is therefor useless.
If you cannot understand the relevancy, you should never challenge anyone here on what is legal or illegal.
We also have questions left to be litigated, but right now we have an illegal / de facto government operating out of Washington Wonderland, District of Corruption wherein the United States Supreme Court has set itself up to be the superior branch of government and the other two branches don't contest it. We have a president that is equally deluded, thinking he is the head monkey. What we do not have is the Republic as guaranteed in Article 4 Section 4 of the Constitution.
Your feelings got hurt.