Why hasn't this been done !

[n3gov]

I cut and paste this from another post!

Unconstitutional Official Acts

16 Am Jur 2d, Sec 177 late 2d, Sec 256:

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 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 it's 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 acts performed under it.....

A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.

No one Is bound to obey an unconstitutional law and no courts are bound to enforce it.

Jon Roland:

Strictly speaking, an unconstitutional statute is not a "law", and should not be called a "law", even if it is sustained by a court, for a finding that a statute or other official act is constitutional does not make it so, or confer any authority to anyone to enforce it.

All citizens and legal residents of the United States, by their presence on the territory of the United States, are subject to the militia duty, the duty of the social compact that creates the society, which requires that each, alone and in concert with others, not only obey the Constitution and constitutional official acts, but help enforce them, if necessary, at the risk of one's life.

[B]Any unconstitutional act of an official will at least be a violation of the oath of that official to execute the duties of his office, and therefore grounds for his removal from office. No official immunity or privileges of rank or position survive the commission of unlawful acts. If it violates the rights of individuals, it is also likely to be a crime, and the militia duty obligates anyone aware of such a violation to investigate it, gather evidence for a prosecution, make an arrest, and if necessary, seek an indictment from a grand jury, and if one is obtained, prosecute the offender in a court of law.[/B]

[n3gov]

BTT........

Any unconstitutional act of an official will at least be a violation of the oath of that official to execute the duties of his office, and therefore grounds for his removal from office. No official immunity or privileges of rank or position survive the commission of unlawful acts. If it violates the rights of individuals, it is also likely to be a crime, and the militia duty obligates anyone aware of such a violation to investigate it, gather evidence for a prosecution, make an arrest, and if necessary, seek an indictment from a grand jury, and if one is obtained, prosecute the offender in a court of law.[/B]

[pex]

The People are too comfortable to want to uphold, as a community, a strict adherence to only the Constitutional. I don't think there is really a question to why 'this hasn't been done'.

Just look at us.

[shooter357]

Any unconstitutional act of an official will at least be a violation of the oath of that official to execute the duties of his office, and therefore grounds for his removal from office. No official immunity or privileges of rank or position survive the commission of unlawful acts. If it violates the rights of individuals, it is also likely to be a crime, and the militia duty obligates anyone aware of such a violation to investigate it, gather evidence for a prosecution, make an arrest, and if necessary, seek an indictment from a grand jury, and if one is obtained, prosecute the offender in a court of law.

Isn't this what the knuckleheads in Philthydelphia are doing?

[Philadelphia]

Huh?

So this is all automatic and nobody has to actually do any work to make sure the legislature is not enacting unconstitutional laws?

I don't think so. It all sounds real good in theory. That's not at all how it actually works. Almost always, somebody, at least one actual real person, has to get screwed really badly before there's a genuine constitutional challenge to an unconstitutional law. What might surprise you to learn is that the somebody is very often a criminal. It's a tough game if you really want to play it.

[sluggie24]

Maybe that's the problem. Maybe the game is fixed...........

[n3gov]

This exactly what needs done in Philthadelphia. I mean, here it is in black and white. Remove a couple from office for proposing legislation against the constitution and see how that straightens them up. This could also be used at the federal level.

"All citizens and legal residents of the United States, by their presence on the territory of the United States, are subject to the militia duty, the duty of the social compact that creates the society, which requires that each, alone and in concert with others, not only obey the Constitution and constitutional official acts, but help enforce them, if necessary, at the risk of one's life."



GOV

[Philadelphia]

Get a bunch of us and walk into their office in Philly and place them under arrest for making laws against the constitution.

I'm guessing you haven't been inside city hall lately. There is no way a "bunch" could get in there and attempt to arrest the mayor without somebody, likely a lot of people, getting seriously hurt or dead.

What you are proposing might sound good to you but it's a bad idea. The illegal laws are already in court and the legal system will sort it out. Taking the law into your own hands is what you are criticizing Nutter for doing. I don't think it should even be something on the table for discussion or rhetoric.

When I say people need to do the work, I mean working for results within our system of gov't and within the law. Nutter has already been shut down by the courts. What more could you possibly want?

[stephpd]

When I say people need to do the work, I mean working for results within our system of gov't and within the law. Nutter has already been shut down by the courts. What more could you possibly want?

I'd like the DA to file criminal charges against those on city council and the mayors office who are breaking the law. It not like they didn't know they were breaking the law. Lynne Abrams told them as much when she told them her office wouldn't and couldn't prosecute under those 'laws'. And that was before the vote.

Disregarding legal council and violating the state constitution sounds like criminal activity to me.

[n3gov]

I guess I'm wrong!!!!! No one said go in guns a blazin! Don't go armed! Sounds to me like another un-exercised right/ obligation! Done properly, there would be no violence. We would be well within our constitutional right and duty to do so. Also, I'm not advocating any sort of violence.......kinda like a sheriff delivering a subpeona.

Personally, I think reminding them that it is well within our constitutional rights to remove them would be ........a good thing. Or, would they just continue to tromp all over the constitution like they've done for decades.

I'm a brass tacks kind of person. Nip it in the bud! It's probably better I don't post anymore as my logic is obiviously flawed!

I don't like bandaid medicine either. You know, you go to the doctor because you have heartburn, he gives you a pill that takes care of your heartburn, but you have to take that pill for the rest of your life.......Why not fix what causes the heartburn.....take your gall bladder out.......get that hiatal hernia fixed.....whatever it is....take care of it once and for all, then you never have to deal with it again!!!!!!! Go to the ROOT of the problem....The founders gave us the tools to get at the root, lets continue to dance around the issue. You know what that gets you.....more of the same!!!!!!The drug companies that make the pills want you on some kind of medicine, instead of fixing the problem.........That takes all the pressure off the doctor to really fix the problem....... you see my point........nuff said....Ya know. if PA Patriot hadn't taken a stand, it would have been MORE OF THE SAME, but he did and hopefully some heads are going to roll ( figuratively speaking ). finished rant!



GOV