1 Attachment(s)
On Unconstitutional "Legislation"
Attachment 2571
Text of the same:
Quote:
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 Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.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.
An unconstitutional statute is:
1. In reality no law
2. Is wholly void
3. Ineffective for any purpose
4. Is unconstitutional from the time of its enactment
5. Is inoperative as if it had never been passed
6. Has the same effect as if it had never been enacted
7. Fails to impose duties
8. Fails to confer rights
9. Fails to create any offices
10. Fails to bestow any power on anyone
11. Fails to bestow any authority on anyone
12. Fails to afford any protections
13. Fails to justify any acts performed under it
14. Cannot operate to supersede any existing valid law
15. Is superseded by the fundamental law of the land to the extent it runs counter to it
16. Fails to bind the obedience of anyone.
Related:
16 Am Jur 2d, Sec 177 late 2d, Sec 256 (John Cinque)
