50 votes

To the People of America

To the People of America

Please take the  time to read the below laws case sites points and authorities and apply them. They apply to a wide variety of things currently threatening the freedoms and liberties our founders bequeathed to us. People towns cities and counties are standing up all over this country. Freedom is breaking out in many places across the land. Know that you stand on the law when you stand up for your rights and against unconstitutional laws statutes and actions!

States are bound by the U.S. Constitution

U.S. Constitution, Article Six, Clause 2: 
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the  Constitution or Laws of any State to the Contrary notwithstanding.

This establishes the constitution as THE SUPREME LAW OF THE LAND and the judges in every state are bound by it to uphold it. THIS IS WHY THEY AND ALL STATE FEDRAL AND LOCAL OFFICIALS TAKE AN OATH TO UPHOLD THE CONSTITUTION!  Somehow in this day and age this clause has been transmuted into the federal government and sometimes the state governments being a dictator and the people and states must obey no matter how draconian their decrees become until overturned in the Courts. Nothing could be further from the truth as below Laws and cites will prove.

Any law repugnant to the constitution is null and void... 

Marbury v. Madison : 5 US 137 (1803): 
No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.” 

Norton v. Shelby County 118 USR 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 has never been passed.”

Notice it says ANYTHING that is in conflict with the constitution is null and void and its unconstitutionality would date from the enactment of such a law, NOT FROM THE DATE SO BRANDED IN AN OPEN COURT OF LAW!  And it is as if it has never been passed!

Read that again that means that anything the legislature passes that is unconstitutional is so from the date of its inception not when the court says so.  And of course the Courts ruling already applies no need for it  rule again.

Constitution is to be interpreted in favor of the people...

16Am Jur 2d., Sec. 97:
“That the constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property.”

Bary v. United States - 273 US 128
“Any constitutional provision intended to confer a benefit should be liberally construed in favor of the clearly intended and expressly designated beneficiary”

We the people are the express beneficiaries of the US Constitution!

No State can convert a right to a privilege and issue a license and fee for it...

Murdock v. Penn. 319 US 1051943) 
“A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution... No state may convert any secured liberty into a privilege and issue a license and a fee for it.” 

If a State "does" convert a right to a privilege you can ignore it with impunity

Shuttlesworth v. Birmingham Al. 373 US 2621962) 
“If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the right with impunity.”

So the state cannot convert a right to a privileged and issue a license and a fee for it and if they do WE HAVE THE RGHT TO IGNORE IT WITH IMPUNITY! 

This is well settled case law IN THE SUPREME COURT and never been overturned it is the final word on the matter. Anything contrary to it is null and void and without force of law and is to be ignored with impunity!

Sovereignty of the People and the States and 10th Amendment Rights Upheld...

Printz v. United States (95-1478), 521 U.S. 898 (1997)
The Constitution thus contemplates that a State's government will represent and remain accountable to its own citizens. See New York, supra, at 168-169; United States v. Lopez, 514 U.S. 549, 576-577 (1995) (Kennedy, J., concurring). Cf. Edgar v. MITE Corp., 457 U.S. 624, 644 (1982) ("the State has no legitimate interest in protecting nonresident[s]"). As Madison expressed it: " The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere." The Federalist No. 39, at 245. [n.11]"

Read that again if you will! Local or municipal authorities form distinct and independent portions of the supremacy and are not subject to the General authority any more then it is subject to them within its own sphere. Did you hear that? The people towns cities and counties etc. are not subject to the state authority nor the federal authority within their own sphere anymore then they are to you!!! That means you are not subject to the State or federal authority as long as you are not violating rights and if they violate your rights they are subject you. Also the county Sheriff is the highest officer of the law in his jurisdiction since he is the only duly elected law officer elected by the people he answers only too the People! That means he has the authority to protect his county from federal or state encroachment and enforcement of unconstitutional acts statutes and polices. Local municipalities need to use their Sheriffs and local police to protect themselves from this wave of anti-liberty sweeping the country!

 Dear Americans there are more cases and laws that corroborate these however  it is clear that rejecting state and or federal mandates that are unconstitutional and affirming our rights against such unconstitutional acts is completely lawful and legal with a firm basis in law and American jurisprudence and legislatures both federal and state passing unconstitutional statutes violates both State and Federal constitutions along with supreme court case law. For officials and officers to ignore this is to dishonor their oaths of office!

Penalties for violation of oaths

Title 18, US Code Sec.2381:[/B]
In the presents of two or more witnesses of the same overt act, or in a open court of law, if you fail to timely move to protect and defend the Constitution of the United States and honor your oath of office, you are subject to the charge of capital felony treason.

Title 42 US Code Sec. 1983, Sec. 1985, & Sec. 1986:
Clearly establishes the right to sue anyone who violates your constitutional rights. The Constitution guarantees: He who would unlawfully jeopardizes your property loses property to you, and that's what justice is all about.

Title 5 U. S. Code section 556 (d)
...the proponent of a rule or order has the burden of proof.

We must defend and uphold the Constitution and honor the 10th amendment and reject unconstitutional federal and state encroachment and stand on the law and Supreme court rulings and truly support freedom and liberty! That is our mandate! This country is heading in a dangerous direction and we cannot continue to do the same things and expect different results.

Spread this far and wide along with these links:

http://privateaudio.homestead.com/CARLTEXT.pdf

http://www.youtube.com/watch?v=Q35DoJroTYY

http://www.youtube.com/watch?v=1s-zHrNPfkQ

http://www.youtube.com/watch?v=F9fdSirNinQ




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There it is

What more do we need? Great job.

"Its easier to fool people than to convince them that they have been fooled."
Mark Twain

Cut and Pasted

http://www.power-independence.com/forum/view_topic.php?id=85...

Nice work. I wanted to do that, eventually, now it is ready to cut and paste.

Joe

ecorob's picture

America is waking up...

Here is more proof!

Excellent thread.

its 'cos I owe ya, my young friend...
Rockin' the FREE world in Tennessee since 1957!
9/11 Truth.

Bump!

!

Links for SC rulings please

I only had time to look up Marbury v. Madison and Murdock v. Penn. and neither of the full text documents contained the quotes listed. Can somebody please help me find them? I see these quotes being spread far and wide as requested, but what if we didn't do our research very well and somebody uses that to attack our line of reasoning later?

Please help me find source links for all quotes in the OP. Thanks!

Damn you are right. I cannot

Damn you are right. I cannot find that specific language anywhere on line. Marbury v. Madison in does says specifically that "an unconstitutional law is void" but not in the exact language as the quote I gave. So now it makes me wonder if the whole case is not posted online or that is an opinion from another case that refereed to Marbury v. Madison or just someone paraphrasing the case. Now I need to go and spend some time in a law library and flesh this out and check all the quotes posted and update this with specific language if it in fact turns out not to be the specific language used in the opinion of the court. Nice catch and thanks for checking on it. Yeah this type of stuff will come back to bite if we do not check things thoroughly...

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End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

Great resource!

Keep it coming!

"If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy." -- James Madison

Wow!

I'm going to print that off and keep it in the car with me. Somebody's been doing some homework!
THANKS FOR POSTING!

This is the article that got my posting privileges revoked:
http://bklim.newsvine.com/_news/2013/05/12/18212165-dr-stan-...

LIBERTY2ME's picture

What happens when the Gov't

What happens when the Gov't tries to "ammend" the constitution? Does anyone know if we have a say in that anywhere?

In short,

only when the supremacy clause is "in pursuance" of the constitution does it stand supreme. otherwise, States and The People prevail.

Exactly this applies to

Exactly this applies to treaties also!

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End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

Laws

So how did you guys end up with so many laws?!!
Good piece of writing, however, following the constitution seems to bad for you in this day and age. Unless the prospect of armed thugs, spying, torture or assassination are on your to do list.

Nice!

Thanks!

What would the Founders do?

BUMP

Bump X2

Thanks for posting everything. Very useful information!

Deekey

Come on DP'ers keep this

Come on DP'ers keep this bumped and make it go viral America needs to know this info for starters at least!

Yeah I know shameless bump but this is important stuff! I know its not sexy like zombie apocalypses etc. but come on we got to get this info out there...

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End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

A DP Bump

:-)

Josie The Outlaw http://www.josietheoutlaw.com/

"What if the American people learn the truth" - Ron Paul

Excellent thread

It's kinda like an excerpt from one of Judge Napolitano's books!
But I have a question.
I agree that we shouldn't have our rights converted to privileges and the requirement for licenses is absurd, but at the same time I don't want an idiot who's never been behind the wheel taking a car out onto the highway/streets when he/she doesn't know what they're doing or understand traffic rules. How do we get around that? It's something I've thought about often but have been unable to come up with a satisfactory solution. The closest I can come up with is make driving a required high school subject where you would receive a certificate at the end (like you get a diploma at the end of your 4 years) but then there are many kids who drop out and would miss out on this training.
Too many kids aren't being raised to be responsible for their actions and its the quality of responsibleness (is that a word?) that is needed from drivers.

If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
James Madison

Licenses have never stopped

Thanks!

Licenses have never stopped idiots from doing something stupid. We're always going to have stupid people doing stupid things. It is a myth that laws regulations and licenses prevent any of it. They usually cause more of what they were intended to prevent.

So don't fall for the myth that licenses prevent idiocy they don't they only extort us in the name of protection.

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End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

Hawk, Well Written

Requiring a license or permit is a "feel good" act imposed by government to give the illusion that a person is competent to operate a machine, own a firearm, dispense legal advice, give medical treatment or run a lemonade stand because of the State's stamp of approval. The problem is it puts the emphasis on a bunch of central government bureaucrats that competes unfairly with the private sector.

For example, if you want to drive a car on the public highway, take a private driver's education class. They have a vested interest in making sure you know how to drive a vehicle as well as the rules of the road because their reputation depends upon it. Issuing a certificate of competency upon completion is their attestation to your skill and a statement of their creditability as a business.

To mention another myth; do criminal laws protect people?

No, they punish offenders. That's what the criminal legal system does, punishes people for breaking the law after the act. So where is the "protection" government always propagandizes about? It doesn't exist. It gives the public a false sense of security and makes every man, woman and child vulnerable to criminal intent.

Harsher sentences, penalties and fines is not going to deter a person from causing injury to others or the illegal taking of property. Crime will always happen given the right circumstances; it's one of the ingrained flaws of human nature.

in the most polite way i can ask

how did you learn?
i was one of those idiots with no experience once.

"The two weakest arguments for any issue on the House floor are moral and constitutional"
Ron Paul

Bump for Carl, Publius, and each and every one of us

As rp4pres has just posted/reminded in another thread, this should also be required reading:

http://www.dailypaul.com/277499/publius-huldah-on-the-origin...

Josie The Outlaw http://www.josietheoutlaw.com/

"What if the American people learn the truth" - Ron Paul

Sounds interesting I will

Sounds interesting I will have to listen to the whole thing when I have some time. With what I posted above I am just trying to reach people at a level that they are more likely to relate to. If you get to deep to fast with people you lose most of them. To many still can't even relate to what I posted above but many are starting to be directly effected by the increasing tyranny and are starting to wake up and may be ready to hear at least what I posted above. Get them to a level they are willing to come to and then offer them the next level so to speak.

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End The Fat
70 pounds lost and counting! Get in shape for the revolution!

Get Prepared!

I listened to the whole thing.

She is not complex at all, in fact she really grabs your ear. The more you listen, the more you want, and more than likely you will want to look for more of her stuff :-)

Josie The Outlaw http://www.josietheoutlaw.com/

"What if the American people learn the truth" - Ron Paul