Law of the Land

Discussion in 'The Constitutional & RKBA Forum' started by Shizamus, Oct 17, 2003.

  1. Shizamus

    Shizamus New Member

    Jun 27, 2001
    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    superseded thereby.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
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