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Republicas Sign : Swingers Discussion 2176501021
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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 Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.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.

Sanford NC
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All laws which are repugnant to the Constitution are null and void, Chief Justice Marshall, Marbury vs. Madison, 5, U.S. (1 Cranch) 137, 174, 176, (1803).

Sanford NC
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Perf, read supreme court decisions read lower court decisions, read law revue. In fact I posted somewhere in the forums from one. All laws are constitutional or they are not laws. They are null and void from the inception or passing if they do not meet the muster of the constitution.

Come on you know better than to claim otherwise.

Sanford NC
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Up until about 15 years ago people in PA couldn't make a right on a red light. I guess that was unconstitutional. lol

Pittsburgh PA
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"BTW laws that are unconstitutional are null and void, so yes every law has to be constitutional to be enforced. "

Unconstitutional laws have been enforced a billion times. Laws can be outside the scope of the Constitution. Where is the Constitution on traffic laws? You do remember the 10th Amendment

Pittsburgh PA
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"What if government in certain states outlawed gay and bi county employees or anybody working in the court system. Would that be OK? "

Can the FBI or Secret Service deny me a job because I'm a swinger?

Pittsburgh PA
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BTW laws that are unconstitutional are null and void, so yes every law has to be constitutional to be enforced.

Sanford NC
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I am not talking about everything, just one issue that you think should be allowed whether it is constitutional or not. A true conservative is for less government NOT more.

Sanford NC
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If the people don't like NY gun laws they should fight, if they can't do that it is a option to move. What if government in certain states outlawed gay and bi county employees or anybody working in the court system. Would that be OK?

Sanford NC
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"We are a republic, it does not matter whether the rest of the country agrees with me. "

Yes it does, on many issues from driinkng age, to dui limits, and speed limits. Not everything is a Constitutional issue.

Pittsburgh PA
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