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SCOTUS Opinion on un-Constitutional Laws

Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
Well, the signs at most if not all military facilities refer to the McCarran Act, and Chealsea Manning was busted violating it....
 

rightwinglibertarian

Regular Member
Joined
Mar 22, 2014
Messages
827
Location
Seattle WA
Actually, it is the case. Just because a law is null and void, however, doesn't automatically prevent law enforcement or the courts from acting on it in an unconstitutional manner.

Our oaths of office enter the picture at many points, including legislation, law enforcement, and the judiciary. Adherence to one's oath of office at any point would render the law null and void.

When I, as a U.S. Citizen, lawfully choose to ignore an un-Constitutional law, it is immediately rendered null and void throughout my sphere of influence. If higher authority should screw the pooch, it does not impart any Constitutional legitimacy to that law. That un-Constitutional law remains un-Constitutional, even if the Supreme Court itself declares otherwise.

People, I think you're forgetting the checks and balances built into the system. Justices of the Supreme Court are only allowed to serve so long as they exhibit good behavior. Do you think they'll be allowed to continue serving if they toss the Constitution out the window? No. One check/balance against that is Congress, who has the authority to remove them. A second check/balance is We the People, who have the authority to remove members of Congress who fail to do their duty to removing them. Our Founding Fathers themselves mentioned additional checks and balances associated with their recognition and protection of our right to keep and bear arms.

Agree 100%

But how is one supposed to deal with it if arrested with these non-laws? What recourse is there when judges and even the Supreme Court uphold these 'laws'?

Sent from my GT-I8190N using Tapatalk
 

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
The information presented here is how it should be, but not how it is. Any law that violates the Constitution should be null and void, but unfortunately that isn't the case. There was a guy who was traveling and was arrested in NJ for removing his unloaded pistol out of his car and taking it into the hotel. A hotel employee saw it, called the police, and the man was arrested. He's facing three years in jail, or one year with a plea deal. I think this might have been posted here on OC.org. NJ obviously doesn't believe in, or adhere to, the Constitution. And the courts uphold these "null and void" laws.

How you do these laws in post #7 is you counter the "Law Officer" who arrested you and bring a suit against him for fraud
because he broke his "Oath" to "We The People" and take it to Federal court.
You don't fight the law they passed, but take the "Officer to court" your fight is against him for "Taking tax money from us
his pay under false pretences and commiting fraud in the process.
Then it goes to a higher court, and the Feds will find that law unconstitutional.
You get to sue that "Officer", under U.S.C. 5 Section 1173 breach of oath !
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
robin47' as in all things in our lives...timeliness is of paramount importance...

me thinks almost 2.5 years from the last post to your commentary today might stretch of the timeliness criteria.

ipse
 

Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
Robin47, would you please provide more information on this 5 USC Sec. 1173? I have searched high and low and found nothing like that. It could be there, just not under 5 USC Sec. 1173.
 
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