To the People of AmericaSubmitted by hawkiye on Thu, 03/14/2013 - 09:57
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: