WS>>LAW OF THE LAND

carl william spitzer iv cwsiv_2nd at JUNO.COM
Fri Feb 22 21:30:21 MST 2002


          The  general  misconception is  that  any  statute
          passed  by legislators bearing the  appearance  of
          law  constitutes  the law of the  land.  The  U.S.
          Constitution  is the supreme law of the land,  and
          any statute, to be valid, must be in agreement. It
          is impossible for a law which violates the Consti-
          tution  to be valid. This is succinctly stated  as
          follows:  "All  laws which are  repugnant  to  the
          Constitution  are  null  and void.  "  Marbury  vs
          Madison,  5  US (2 Cranch) 137, 174,  176,  (1803)
          This includes Treaty Law!

          "Where  rights  secured by  the  Constitution  are
          involved, there can be no rule making or  legisla-
          tion which would abrogate them" Miranda vs  Arizo-
          na, 384 US 436 p. 491.

          "An unconstitutional act is not law; it confers no
          right;  it imposes no duties; affords  no  protec-
          tion; it creates no office; it is in legal contem-
          plation,  as  inoperative as though it  had  never
          been  passed." Norton vs Shelby County118  US  425
          p.442

           The  general  rule is  that  an  unconstitutional
          statute,  though having the form and the  name  of
          law,  in reality no law, but is wholly  void,  and
          ineffective for any purpose; since unconstitution-
          ality  dates from the time of its  enactment,  and
          not merely from the date of the decision so brand-
          ing  it. "No one is bound to obey  an  unconstitu-
          tional law and no courts are bound to enforce it."
          16th  American Jurisprudence 2d, Section 177  late
          2nd, Section 256






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     "If we stuck to the Constitution as written, we would  have:
     no  federal meddling in our schools; no Federal Reserve;  no
     U.S.  membership in the UN; no gun control; and  no  foreign
     aid.  We would have no welfare for big corporations, or  the
     "poor";  no  American troops in 100  foreign  countries,  no
     NAFTA,  GATT,  or "fast-track"; no arrogant  federal  judges
     usurping  states rights; no attacks on private property;  no
     income tax. We could get rid of most of the cabinet  depart-
     ments,  most  of the agencies, and most of the  budget.  The
     government would be small, frugal, and limited." ~
     Congressman Ron Paul.

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     I would remind you that extremism in the defence of  liberty
     is no vice.And let me remind you also that moderation in the
     pursuit  of  justice  is no virtue! --  Barry  Goldwater  US
     politician.Speech, San Francisco, 17 July 1964
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     Processed by WordSTAR for DOS 7.0 by Carl William Spitzer IV
                    GOD save America from herself
     ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
     No  State shall convert a liberty into a privilege,  license
     it, and charge a fee therefor.--Murdock v. Pennsylvania, 319
     US 105, US Supreme Court, 1943.
     ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
     The  U.S.Supreme Court broadly and unequivocally  held  that
     requiring  licensing or registration of  any  constitutional
     right  is  itself  unconstitutional.--Follett  vs.  Town  of
     McCormick, S.C., 321 U.S.573 [1944]
     ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
     "I  have  little interest in streamlining government  or  in
     making  it more efficient, for I mean to reduce its size.  I
     do  no?t  undertake  to promote welfare, for  I  propose  to
     extend  freedom.My  aim is not to pass laws, but  to  repeal
     them.  It is not to inaugurate new programs, but  to  cancel
     old  ones  that do violence to the Constitution  ...or  have
     failed  their  purpose ...or that impose on  the  people  an
     unwarranted financial burden.I will not attempt to  discover
     whether  legislation is 'needed' before I have first  deter-
     mined  whether it is constitutionally permissible.And  if  I
     should  be attacked for neglecting my constituents'  'inter-
     ests,'  I  shall reply that I was informed that  their  main
     interest  is liberty, and in that cause I am doing the  very
     best I can." --Barry Goldwater
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     What country can preserve its liberties if their rulers  are
     not warned from time to time that their people preserve  the
     spirit of resistance? The tree of liberty must be  refreshed
     from time to time with the blood of patriots and  tyrants.It
     is its natural manure) Thomas Jefferson
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              Resistance to tyrants is obedience to God.
                           Thomas Jefferson
                   *******************************
     "If  no one among us is capable of governing  himself,  then
     who among us is capable of governing someone else"
                            Ronald Reagan
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     There are very few problems in the world that cant be  cured
     by the appropriate amount of high explosives.--unknown
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     "The  right of self-defense is the first law of  nature;  in
     most governments it has been the study of rulers to  confine
     this  right within the narrowest limits  possible.  Wherever
     standing  armies  are  kept up, and when the  right  of  the
     people to keep and bear arms is, under any color or  pretext
     whatsoever, prohibited, liberty, if not already annihilated,
     is on the brink of destruction." -- Henry St George  Tucker,
     in Blackstone's 1768"Commentaries on the Laws of England."
     ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
     "And how we burned in the camps later, thinking: What  would
     things  have been like if every Security operative, when  he
     went  out  at night to make an arrest,  had  been  uncertain
     whether he would return alive and had to say goodbye to  his
     family? Or if, during periods of mass arrests, as for  exam-
     ple in Leningrad, when they arrested a quarter of the entire
     city, people had not simply sat there in their lairs, paling
     in terror at every bang of the downstairs door and at  every
     step  on the staircase, but had understood they had  nothing
     left to lose and had boldly set up in the downstairs hall an
     ambush of half a dozen people with axes, hammers, pokers, or
     whatever  else was at hand.-- The Organs would very  quickly
     have  suffered  a shortage of officers  and  transport  and,
     notwithstanding  all of Stalin's thirst, the cursed  machine
     would have ground to a halt!"

            Alexandr Solzhenitsyn,*The Gulag Archipelago*
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     "Potentially,  a government is the most dangerous threat  to
     man's rights: it holds a legal monopoly on the use of physi-
     cal  force against legally disarmed  victims.When  unlimited
     and unrestricted by individual rights, a government is man's
     deadliest  enemy.It  is not as  protection  against  PRIVATE
     actions,  but against governmental actions that the Bill  of
     Rights was written." --Ayn Rand "Man's Rights", April, 1963.
     ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
     "Good intentions will always be pleaded for every assumption
     for  authority.  It  is hardly too strong to  say  that  the
     Constitution was made to guard the People against the  dang-
     ers of good intentions.There are men in all ages who MEAN to
     govern well, but THEY MEAN TO GOVERN.They promise to be good
     masters, but THEY MEAN TO BE MASTERS."
     DANIEL WEBSTER U.S.Senator New York (circa 1850)
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     "...   it   is  NOT  reasonable  that   mankind   would   be
     free  ..therefore  FREE men are NOT reasonable; we  are  in-
     tractable,  we  are immoderate, we are fanatic, we  are  un-
     compromising, we are determined, we are stubborn, we are un-
     cooperative (except for brief periods), we are  unforgiving,
     we are obnoxious, we are EVERYTHING and ANYTHING it takes to
     maintain  that sense of liberty that will keep us free  even
     if  we are imprisoned." -- unknown AMERICAN patriot  of  the
     late 20th century
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     "After  having  thus successively taken each member  of  the
     community  in its powerful grasp and fashioned him at  will,
     the  supreme power then extends its arm over the whole  com-
     munity.It  covers the surface of society with a  network  of
     small, complicated rules, minute and uniform, through  which
     the  most original minds and the most  energetic  characters
     cannot penetrate, to rise above the crowd.The will of man is
     not  shattered, but softened, bent, and guided;  men  seldom
     forced by it to act, but they are constantly restrained from
     acting.  Such  a  power does not destroy,  but  it  prevents
     existence;  it does not tyrannize, but it compresses,  ener-
     vates,  extinguishes,  and  stupefies a  people,  till  each
     nation  is reduced to nothing better than a flock  of  timid
     and  industrious  animals, of which the  government  is  the
     shepherd." -- Alexis de Tocqueville
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