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The Law of the Land...

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

  1. Shizamus

    Shizamus New Member

    Joined:
    Jun 27, 2001
    Messages:
    888
    Location:
    Vermont
    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    superseded thereby.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. Smokin Guns

    Smokin Guns New Member

    Joined:
    Jul 25, 2002
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    4,462
    Location:
    "Gun Culture Members Clubhouse"...
    ...Ummmm...The Law Rules!... [​IMG]... [​IMG]...[​IMG]
    Last edited: Jun 17, 2003
  3. 1952Sniper

    1952Sniper New Member

    Joined:
    Aug 22, 2002
    Messages:
    5,133
    Location:
    Texas
    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. Gunfyter

    Gunfyter New Member

    Joined:
    Mar 25, 2003
    Messages:
    1,956
    Location:
    Western Maryland
    It's called "Catch - 22" :D
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