Tuesday, December 14, 2010

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

Dees Illustration
Marti Oakley, Contributing Writer
Activist Post

Washington D.C., known more these days as the “district of criminals” commits so many crimes each day as a collective body that a moratorium on government should be declared until we can clean this nest of globalists, these kissers of corporate butts who seem more determined to protect their own private interests than protecting our country from obliteration by global cabals.

As congress moves forward with plans to end our sovereignty, as they collude with foreign interests to take our jobs, to destroy our culture and to subject us to international laws and agreements harmful to us as a nation, we need to remember who we are.  We are not globalists; we are Americans.  We are not “citizens” of some new world… We are not a collection of mindlessly identified numbers and codes, biometric identifiers, or mindless sheep that don’t understand what is being done to our nation.

We are the greatest society to have ever existed.  WE ARE AMERICANS.

The greatest threat America faces on a day to day basis are those who masquerade as protectors and defenders of the American people.   D.C. has long since ceased to be of any value to the public although corporations and the obscenely rich find a home away from home in this ten square mile district.

We are also standing on the edge of a precipice and if we don’t stand up and collectively demand a return to, and an affirmation of, who we are and what has bound us together for more than 200 years, we will be driven over the edge into an unimaginable abyss.

As congress continues its daily deluge of anti-American legislation, its un-American activities, bear in mind that just because congress said it, doesn’t make it so.  Consider this opinion of the Supreme Court:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The Constitution of the United States is the supreme law of the land, and any statue, 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 its 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 principals 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 land, it is 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 177. (late 2nd Ed. Section 256)
Keep this in mind when your friends and family, or your elected officials tell you that “it’s the law, you have to."  If that law is arbitrary to the constitution, if it renders you subject to illegal or unconstitutional laws and acts it is in fact, null and void.  Keep this in mind when the courts rule in favor of corporate interests knowingly violating the rights and protections afforded the people as described in the Constitution.  Almost without exception, every law that has been passed by one administration and congress after another in the last twenty years has substantially violated and reduced the rights of Americans.

One of the gravest mistakes made by Americans today is the mistake of assuming that because congress passed a piece of legislation and the president signed it, the violations of rights and liberties, the assaults on the American people under the guise of [national security] or other created crisis are justified or legal.

You have guaranteed rights only so long as you defend them from encroachment by the government.

Marti Oakley is a political activist and former op-ed columnist for the St Cloud Times in Minnesota. She was a member of the Times Writer’s Group until she resigned in September of 07. She is neither Democrat nor Republican, since neither party is representative of the American people. She says what she thinks, means what she says, and is known for being outspoken. She is hopeful that the American public will wake up to what is happening to our beloved country . . . little of it is left.  Her website is The PPJ Gazette 

Recently by Marti Oakley:
Revisiting Conflicts of Interest: Revoking the Corporate Charters of State Agencies

This article may be re-posted in full with attribution.


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Ron Andrew O'Daniels said...
This comment has been removed by the author.
Bruce said...

"Who determines whether a law is constitutional or not?" - Why, the guy with the taser, gun and truncheon, no?

Anonymous said...

The Supreme Court has proved many times, in recent years, to be a tool of the Executive branch of government, rather than sentinel of the Constitution. Just look at the inane War on Drugs, where the court unquestionably accepts the government's lies about the harms of marijuana which science has proven again and again are untrue. Now, thanks to the court, we regularly witness the liberties guaranteed by the constitution trampled, and people and families destroyed.

steve said...

@Ron O'Daniels --
Each and every one of us is empowered to determine, by study, what is Constitutional and what is not. If you are serving in the armed forces you can (must) disobey a direct order if it is unconstitutional.
Self-responsibility; it's an American principle--learn it.

@Bruce --
The answer is NO. Stand up for your rights!

Surinder said...

SAY NO TO 1984, What is about to come can be read and seen in actual reality of 1984 'india' culminating to Nov 1984 Genocide with 'ZERO CONVICTED' thus-far!
ORWELL tried tried to warn people ahead of time 'your ignorance is their strength'.

Anonymous said...

Before you start your defense of your Constitutional rights in court...You better know under what system of law you are fighting and what court system you will be tried.

Kevin said...

The government has been granted the right to regulate interstate trade, that's about it. The laws that they write apply to their jurisdiction, District of Columbia, Puerto Rico, guam and ten sq. miles within the states. They cannot regulate individual rights of inhabitants. Those are god-given and should be resisted at all costs. Officers of the court that rule against Sovereign individual create civil and criminal liability and are not protected

Anonymous said...

The constitution only legally applies in DC, & not in ANY court with gold fringe around it's flag. It's all a big charade designed 2 make the slave cattle perceive they have been granted rights which they never have - 2 trick U into thinking U R cared 4, so U will work harder 4 keep the vultures afloat, as they rip @ your carcas =) This is not a joke. Look into it. The gold fringe means 'Maritime Law', so ANYTHING the game (court) throws U U 'must' obey. They can MAKE IT UP AS THEY GO ALONG if they 'want' 2, because Maritime=N E thing they please on that 'ship'. U R 'stepping onto their ship'. & yes if U look into it DC is the only place the Constitution 'legally' applies. Not in N E other state, etc., & still then not in ANY court ANYWHERE, unless it uses an American flag, not the gold fringe 1, & even then, the 'American' flag is not the real American flag - but the WARTIME flag, so probably they have yet a 3'rd layer of BS excuse 2 say 'wartime' & 'regular law does not apply'. These R all 'Jedai mind trix' the elites use 2 give the slaves an excuse 2 bow down. "Oh yes master, it is the law = as U wish" LoL!! THAT is reality.

Anonymous said...

I have been saying this for years but people are afraid to stand up for there rights. If a law dosent fit into the confines of the constitution it is a void law reguardles who created it or enforces it now has come the time for people to stand there ground. And if need be physically stop these criminals that are passing and enforcing these corrupt laws. Stop quoting the founding fathers and start doing what they said.

Anonymous said...

I'm sick of listening to intellectual banter about the Congress, the Corporations, Banks, The Fed, and the President all doing anti-American activities. I think we ALL realize by now that, nothing is going to change EVER if, the citizens don't get involved to physically change things.

If a robber keeps breaking into your house every time you replace what he stole, the last time he broke in, wouldn't you be ready with a gun the next time? Protecting your family and yourself SHOULD be the only thing that matters to you! The RIGHTS of the robber are forfeited once he steals from you!

Well, doesn't stealing your money, house, job, privacy, security, Rights, and Freedoms constitute a reason to physical attack to protect?

The American has turned into the Roman citizen of centuries ago. Fat, stupid, scared, and lazy. So lazy that, all they do is watch the robbers take everything that they have, right before their eyes!

Fools and cowards, that is the definition of an American today. If you don't want to be one, then STOP following the lemmings! STOP voting, pay taxes, believing lies, questioning authority, etc. We are FREE MEN & WOMEN. No one has authority over us unless, we give it to them. PERIOD!

Anonymous said...

How many people here have actually read the Constitution? It's not that difficult a read, and is written for the common person, not for an attorney. .In all it's quite explicit, yet often "misquoted" for whatever reason. In particular is the first Amendment. The treasonous viper, jackals and hyenas who infest Washington, DC and many State Capitols, are the real problem. . they wish to circumvent this amazing document in order to serve their own desires. .or the will of their "masters".

Anonymous said...

The people, individually, and the states, respectively, are sovereign.
The tools of the centralizers, and controllers,
i.e., national governmentals, are usurpers, clowns, and criminals.

Anonymous said...

Now, I'm not saying this is okay, however our government has been a corporation since around 1871... Go to Cornell University Law, definitions: <http://www.law.cornell.edu/uscode/28/usc_sec_28_00003002----000-.html
Scroll down to #15... it reads "United States": 1) a federal corporation
So, is it or not? If it is, why? And who gave them permission? Is this why they act like a Constitutional gov. when it suits them and the rest of the time they ignore us? If in fact they are a corporation, how do we get their attention to stop? Obviously most people think everything is fine...HELLO!
I agree that no one is bound to obey null and void "laws"...however,they have guns, tasers, etc must we go that way also? I know that the Sheriff is sworn to protect and uphold the Constitution, state and city police are not sworn to protect anything except the State/city Corporate government...Let us remember the difference between state & State. state as in several, versus State as in corporate. What a ugly mess!

Anonymous said...

The first American civil war was a national civil war. A symetrical "block" war with the north vs. the south. More economic than ideological, with the industrialized north against the slave dependent agricultural south with opposing armies being rather equal with regard to size and technology. The south pretty much had the upper hand until Ghettysberg. However, the soon to occur second American civil war will be quite different, more like the American revolutionary war. Fundamentally asymetrical with pockets of resistance spread throughout the geography. taxation without representation notwithstanding, More ideological. A battle against anti-constitutional tyranny. Unfortunately, it will also be extremely ethnic. Patriotic American white people in the south, mid-west and north west are heavily armed with military veterans in these populations expertly trained. A "Battle of Lexington and Concord" type incident will trigger the firestorm. It will not be a terrorist attack against the American people but rather a Govt. attack against the American people. A scenario. Imagine an incident where an airport TSA agent searches a 5 year old girl causing her to screaming out in terror. Imagine the parents pushing the agent away from their child and being attacked by other agents. now imagine enraged on lookers charging at and overpowering and disarming the agents. Police/swat reinforcements are brought in and surround that terminal. The "people", "white people", have now become the enemy of the State whose leader is an unconstitutionally elected African illegal alien. Tear gas, shots fired. The first domino has fallen as "Waco-on-crack" plays out on CNN and FOX News. Copy-cat incidents occur. Marshal law follows. There is heavy resistance to curfews, roadblocks and checkpoints. We're not talking about Negros burning down their own homes and stores in Harlem or Watts. We're talking about white sniper fire and well coordinated hit and run nightime ambushes. Many white law enforcement personnel will refuse to follow orders and rather protect their families. Many military personnel overseas will also refuse to follow orders when they see their Govt. shooting at their families at home. Many politicians and some major news outlets will break from the Govt. American Negros so long brainwashed into viewing the Govt. as their savior will be caught in the middle as they hesitate and refuse to turn against their Like-skinned leader. It will not go well for them. Enemy nations seeing America paralyzed by this domestic crisis exploit the opportunity to advance against American foreign assets, policies, and allies. American military assets abroad come under attack. The so-called POTUS appears to no longer be in control. All this within one week. Lions, tigers, bears, oh my!! The Chairman of the Joint Chiefs of Staff under the constitutional right to overthrow a rogue tyrannical Govt. relieves the POTUS of command with the affirmation and support of the majority of the Supreme court Justices. With loyalty from his commanders he achieves a "George Washington" like status which is supported by "We The People". A date for new "Constitutional" executive elections is set and
civil order is restored. Imagine. now pinch yourself. There is still time. but not much.

Anonymous said...

This post and all of the comments sound like the musings of a bunch of terrorists to me. You all better shut up or you'll get a free one way ticket to Guantanamo compliments of Uncle Sam! Just shut up!

Anonymous said...

If we had met them with icepicks and shovels
when they came to take away our neighbors, we
would not have lost our country.

Anonymous said...

"...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..."

We are supposed to be lawful and are expected to have a working knowledge of the supreme law of the land. The lawful jury decides on both the facts and the law. We don't need a decision from any court to determine the constitutionality of legislation. Those that believe they can be both ignorant and free will remain enslaved in ignorance.

Anonymous said...

Democracy in a land of fools and cowards is no prize.People are chained to a wheel and fed flouride and lies.Sticks and electricity give it all a unity of purpose.Ask your doctor if you are healthy enough for sexual activity.Get a note for the TSA just in case.

Ken D. Webber said...

If you rabble rousers keep this up then I'll... I'll... I'll... report you to Wal-mart! :) Next thing you know, one of you will discover that Obama is NOT a natural born citizen according to the Constitution and common law (Vattel, hint, hint). "NULL AND VOID" are good words to apply to anything signed by someone illegally usurping the Office of the Presidency, someone not natural born.

SpiritWalker said...

I am an American Brown Man & professional who will NOT call himself a "Negro". My Family Bloodlines include two Nations of Africa, FIVE Native American Nations and the Scottish and Irish Peoples; I embrace them ALL.

Thomas Jefferson, Father of the Declaration of Independence and ENSLAVER, is part of that Blood Lineage. I am as American as I can BE; more than many who read these pages, this article.

That said: I owe no fealty to a usurper, a false king, a fake president.

I did not vote for Obama and he is not my "President".

He is a Chimera; a Trojan Horse for a Zionist/Illuminist Agenda that would enslave us ALL.

Remain Vigilant!

Anonymous said...

for example - the people have the duty and right to set the limits of reasonableness. The government would justify practically anything - so giving it the right to determine reasonableness makes no sense. The British thought it reasonable to burst into homes without just cause or warrants - exactly why they put the 4th amendment in there. So clearly a government will always self justify anything it wants to do

Anonymous said...

Very few people in America are genetically pure-blood when it comes to racial DNA. Nevertheless, how one identifies themselves racially in the theatre of their own mind is irrelevant to the reality that in America one racially is what one racially looks like. All else is simply the semantics of personal preference, with such preferences being politely indulged, usually. If a blond haired blue eyed Nordic featured Dane was tested to have the slightest evidence of African DNA, it is doubtful he would consider a reference to African heritage as part of his racial pedigree
relevant in any way. If you look like a "whatever", you are identified as a "whatever". Just listen to any news reporter giving a criminal's description. Speaking of criminals, "O" can truthfully be called Black, a Negro, Colored, even half-white, depending on which way the politically correct wind is blowing. But there is one thing he cannot truthfully be called. An American.

Anonymous said...

Unconstitutional law = ANY law outlawing any intoxicant.

They have enumerated the certain right of an "intoxicating liquor", so why are all other intoxicants outlawed when the ninth amendment states,

"The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people."

The "war on drugs" is the natural policy state, or police state factor they will NEVER back down from without a lot of blood, and I am ready to spill my share of their blood.

Come n get me you oath taking parasites.

SlackerSlayer, ISamuelII@youtube and aka Meatwad

Anonymous said...

Stupid blog by a stupid person.

Anonymous said...

I think the BIG problem is that tension between reading the Constitution as an "Original" document that means exactly what it says, as confirmed by those who wrote it, and the concept that it is a "Living Document" that can be changed by the people.

The confusion lies in the fact that the Constitution can be changed, via the Amendment process, and not by some lawyer's "Interpretation" of what it might have meant, and what it NOW means. It still means what it always meant, and if you want to change it, you must use the Amendment process.

Anonymous said...

Our current government has been fooling AMERICAN CITIZENS for TOO long. This GREAT COUNTRY is a REPUBLIC BUILT on A CONSTITUTION That PROTECTS our GOD given RIGHTS. WE ARE PROTECTED against ANY government, ESPECIALLY OUR OWN who try to CHANGE anything that is WRITTEN in IN OUR CONSTITUTION, without OUR PERMISSION.

Anonymous said...

Our forefathers created THE USA CONSTITUTION to PROTECT IT'S CITIZENS.IT was DECLARED that IT was FOR the PEOPLE BY the PEOPLE,it can only be changed by WE THE PEOPLE. This is not a DEMOCRACY,IT IS A REPUBLIC and the ONLY one in the WORLD,that allows the CITIZENS to rule their GOVERNMENT and that it can't be CHANGED without PERMISSION of WE THE PEOPLE.Don't let ANYBODY FOOL YOU.

Anonymous said...

There was a supreme court opinion also regarding this matter in the 1800's. Does anyone have a link to that reference where a Supreme Court Justice declared that any law which violates the Constitution on its face is null and void and does not have to be obeyed?

Anonymous said...

Great Resource book

BY: Thomas E. Woods, Jr.




bigwalt2990 said...

But we can't be our own judges.....legally.

If the judges allow a law, that means it is constitutional.

But what do you do when the judicial system is corrupt?

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