WS>>LAW OF THE LAND

Dennis Putnam dap1 at MINDSPRING.COM
Sat Feb 23 17:00:39 MST 2002


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At 08:30 PM 2/22/2002 -0800, you 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!
>  SNIP

But there's the rub. No law is unconstitutional until the SCOTUS says it
is. Even if a circuit court declares a law unconstitutional it is only
unconstitutional in that circuit's district. Authorities may legally
enforce even obviously unconstitutional laws if they are in a different
district, until the case is appealed to, and ruled on by, the SCOTUS.



- --------------------------------------------------------------------------------------------------
Dennis Putnam           Public Key can be obtained from:
Loganville, Ga.         <http://www.geocities.com/Heartland/Estates/8573>
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