WS>>LAW OF THE LAND

wbwhite wbwhite at MADBBS.COM
Sat Feb 23 03:33:02 MST 2002


When will we return to the Constitution?

Bill

carl william spitzer iv wrote:

>           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
>
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      "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.
>
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      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
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      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
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      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
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>               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
>                    *******************************
>      There are very few problems in the world that cant be  cured
>      by the appropriate amount of high explosives.--unknown
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      "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*
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      "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)
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      "...   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
>      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>      "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
>      ------------------------------------------------------------
> --------- End forwarded message ----------
>
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