Constitution - Know Your Arguments And You Will WinSubmitted by ProudAmericanFirst on Wed, 11/21/2012 - 11:34
* 18 U.S. Code § 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
* Byars v. U.S., 273 US 28
Unlawful search and seizure, your rights must be interpreted in favor of the Citizen.
* Miller v. U.S., 230 F. 2nd. 486, 489 (5th Cir. 1959) Id. at 489-490
The claim and exercise of a Constitutional right cannot be converted into a crime.
* Smith v. U.S. 502 F 2d 512
Government may not prohibit or control the conduct of a person for reasons that infringe upon constitutionally guaranteed freedoms.
* Sherar v. Cullen, 481 F. 945
For a crime to exist, there must be an injured party. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.
* Self v. Rhay, 61 Wn (2d) 261
The common law is the real law, the Supreme Law of the land, the code, rules, regulations, policy and statutes are “not the law”.
* Norton v Shelby County, 118 U.S. 425: An unconstitutional act is not law. It confers no rights, it imposes no duties, it affords no protections, it creates no office, it is in legal contemplation as inoperative as though it had never been passed.
* Murdock v Penn, 319 U.S. 105: clearly established that no state could convert a secured liberty into a privilege and issue a license and a fee for it.
* Shuttlesworth v Birm, 394 U.S. 147: Said that if the state does convert your right into a privilege and charge a license and a fee for it you can ignore the license and fee, and engage in the right with impunity. That means they can't punish you…they have to let you go.
* Marbury v. Madison, 5 U.S. 137: This is one of the leading cases in the history of the U.S. The opinion of the court was “Anything that is in conflict is null and void of law; Clearly for a secondary law to come in conflict with the supreme was illogical; for certainly the supreme law would prevail over any other law, and certainly our forefathers had intended that the supreme law would be the basis for all laws, and for any law to come in conflict would be null and void of law. It would bear no power to enforce, it would bear no obligation to obey, it would purport to settle as though it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded by a court of law. No courts are bound to uphold it, and no citizens are bound to obey it. It operates as a mere nullity or a fiction of law, which means it doesn't exist in law.”