55 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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And who gets to decide what is and isn't constitutional

(misquotes aside)
According to our current legal system, when there is a controversy?
See article 3 and the marbury v madison case for the answer.

And who gets to grant you your impunity?
See article 3 for the answer.

Also, much of what you quoted was dicta, not holdings, therefore not law. The federalist papers are also not law.

Only the actual holdings are binding on the rest of government.

There is a great amount of good thoughts to be considered from these discussions though, and I hope all get a chance to read them.

Saving Grace

All of y'all,

The Constitution was a Con Job, but the real founders of Liberty saved grace with The Bill of Rights.

1.
http://archive.org/stream/secretproceedin00convgoog#page/n14...

2.
http://www.casact.org/pubs/proceed/proceed26/26225.pdf

3.
http://www.archives.gov/exhibits/charters/constitution_trans...

a.
Three Fifths (Dirty Compromise) instituted National Slavery (including enforcement of fugitive slave laws)
b.
Piracy was made legal a.k.a Letters of Marque
c.
Nullification of The Declaration of Independence was made legal a.k.. suppression of insurrection
e.
National Extortion was made legal (National Debt Tax Collection)
f.
Money Monopoly Power was seized

4.
Saving Grace
http://www.archives.gov/exhibits/charters/bill_of_rights_tra...

V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

http://www.nationallibertyalliance.org/breaking-news

Those who will enslave the weaker are those who can be accounted for accurately within our laws of our land according to our common need for our common defense, and anyone punishing innocent people, any one, is subject to the same due process as anyone else, because that is the law of our land.

If you don't know better, then you can.

http://www.usa-the-republic.com/items%20of%20interest/trial_...

https://www.youtube.com/watch?feature=player_embedded&v=B3no...

Joe

yes

"limited" and "defined" should be the name of the game when restricting the power of a would be lawmaker. Limited and defined authority.

Article 1 section 8 grants certain defined powers to congress while the bill of rights limit how those powers may be used.

State constitutions should be rewritten to emulate that format.

Original 13 Constitutions?

http://university.ucadia.info/e107_files/downloads/audio/the...

The game was deception then, it is the same game now.

Each Constitution was changed from original intent (defense) to present condition (offense) whereby people shared a common defense against all enemies foreign and domestic and then those people were divided and conquered by deception, threat, and a whole lot of willful, aggressive, violence.

Joe

nice

thank you

Hope.

I hope these things continue in the favor of "We the People". However it will be a difficult climb when so many federal agencies appear to be operating outside of anything resembling law.

But about myself I will not boast, except as it concerns my weaknesses (2 Cor 12:5). Let the unbelievers seek praise from each other; I wish that which is from God alone.

Show me where

"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."

I keep seeing this on the web but when I look its not there.

Please show me where this is in fact on the books...

Here is what I see:
http://codes.lp.findlaw.com/uscode/18/I/115/2381

The most powerful Law of Nature is Time. It is finite and we all will run out of it. Use this Law to your advantage, for it offers you infinite possibilities...

way to hold em to it

i would like to know as well

Hey hawkiye!

It's been a while...I've been out studying-surviving out here in this insane commercial world..

Anyways, I have stumbled onto some powerful stuff...these people are winning ALL their cases and do not expect to ever lose any in the future...their process and thinking is 100% foolproof forward to backward and backward to forward...should check it out....good luck!

https://www.youtube.com/watch?v=gDER3-PwGMc

please post the victories

so we can see evidence of this theory being respected by the courts.

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

Actual law

instead of misquotes.

Also, you need to be prepared to go to court to be granted your impunity.

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!

they are not accurate quotes

this is a common theme among PAYtriots. they manufacture false cases, false citations, and false laws.

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?

no say

we have zero say (at least constitutionally) it is the lawmakers who get to amend the constitution.

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!

-----
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...

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

Get Prepared!

A DP Bump

:-)

"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