|
![]() |
|
|
TheFirearmsForum.com
FOUNDED: February 9, 2001 |
If you prefer to make a donation by check,
send an email to Support for the mailing address. |
|
|
#1 |
|
Senior Member
Join Date: Jun 2001
Location: Vermont
Posts: 891
|
The General misconceptions 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 both the constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows: The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law. But is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of enactment, and not merely from the date of the decision so branding it an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question That it purports to settle just as it would be had the statute not been enacted. Since an unconstitutional law is void, the general principles follow: that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no act performed under it. A void act cannot be legally consistence with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute run counter to the fundamental law of the land it superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it. Sixteenth American Jurisprudence Second Edition, Section 256 FIGHTING FOR FAITH, FREEDOM AND THE CONSTITUTION !
-->
|
|
|
|
|
|
#2 | |
|
Advanced Senior Member
Join Date: Jul 2002
Location: "Gun Culture Members Clubhouse"...
Posts: 4,463
|
Quote:
... ...
__________________
Last edited by Smokin Guns; 06-17-2003 at 09:57 PM.. |
|
|
|
|
|
|
#3 |
|
Advanced Senior Member
Join Date: Aug 2002
Location: Texas
Posts: 5,138
|
The whole problem is that you and I are not able to determine what constitutes an Unconstitutional law. That is up to the courts. And if they refuse to deem a law Unconstitutional, then it remains law.
|
|
|
|
|
|
#4 |
|
Advanced Senior Member
Join Date: Mar 2003
Location: Western Maryland
Posts: 1,956
|
It's called "Catch - 22"
![]()
__________________
![]() Anything worth shooting once, is worth shooting again. If it ain't broke, break it. Someone needs the work |
|
|
|
![]() |
| Thread Tools | |
|
|