Check out the following:
Norton vs. Shelby County
"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."
Nunn vs. State (this is a 2nd amendment ruling but I believe the final part is applicable elsewhere)
" 'The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right."
US. v. Minker, 350 US 179 at 187 (this is an 'observation' I think applicable to how laws are made today)
"Because of what appears to be a lawful command on the surface, many Citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights due to ignorance."
In reference to court rulings that are unconstitutional;
State v. Sutton
"When any court violates the clean and unambiguous language of the constitution, a fraud is perpetrated and no one is bound to obey it."
As to any legislature, federal or state, restricting the free exercise of any right (again 2nd amendment cases but it is clear them same logic applies to all rights);
Cockrum v. State
"The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the "high powers" delegated directly to the citizen, and `is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power."
Miller v. U.S.
"The claim and exercise of a Constitutional right cannot be converted into a crime."
People vs. Zerillo
"The provision in the Constitution granting the right to all persons to bear arms is a limitation upon the power of the Legislature to enact any law to the contrary. The exercise of a right guaranteed by the Constitution cannot be made subject to the will of the sheriff."
Simmons v. U.S.
"We find it intolerable that one constitutional right should have to be surrendered in order to assert another."
I can comfortably say I have no obligation to obey any law that is in violation of any part of the US Constitution or attempts to exercise power not granted to the federal government by the constitution.
Rick C
The ti,id will never know the bitter taste of defeat or the sweet taste of victory, that is reserved for the intrepid and the bold.
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Posted: 01/01/2010
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