A Little Something To Keep In Mind These Days

“A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individuals rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary.” Marbury vs. Madison, 5 U.S. 137 (SCOTUS 1803)

“An unconstitutional law is void and is as no law. An offense created by it is not crime. A conviction under it is not merely erroneous but is illegal and void and cannot be used as a legal cause of imprisonment.” Ex parte Siebold, 100 U.S. 371 (SCOTUS 1879)

“An unconstitutional act is not law. It confers no rights; it imposes no duties; affords no protection; it creates no office. It is, in legal contemplation, as inoperative as though it had never been passed. Norton vs. Shelby County, 118 U.S. 425 (SCOTUS 1886)

 

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

SUMMARY:

    • Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

People around the country are being harassed, fined and even arrested for exercising their rights to pursue life, liberty and happiness.

Trying to save their dying business and saving their lively hoods.

By anyone’s standards, these lock down orders and forced social distancing edicts have no quick end in sight. Some states are projected to endure under this tyranny until after we are scheduled to celebrate our last revolutionary win over it some 244 years ago by official recognition on July 4th.

irony meter

 

Let me tell you right fucking now,

There Will Be Repercussions.

11 thoughts on “A Little Something To Keep In Mind These Days

  1. Is it going to be the straw that finally breaks the camel’s back? Be nice if it would, getting mighty tired of this bovine testicle feces…

    Like

    • The camels back is already straining. It is only a matter of time
      before it breaks. The COVID 19 Nazis cannot do anything to stop
      the civil disobedience, and the wave is growing by the day. Even
      in the Peoples Republic of NYC the people are rebelling against
      the lockdown rules.

      These governors and mayors are alienating the working-class
      Democrats who voted them into office. This is hardly a winning
      strategy. These sub-Forest Gump IQ morons are so blinded by
      their hatred of Orange Man, they think crippling our economy will
      result in a blue wave in November.

      You do not force millions of your own citizens to endure self-
      isolation, unemployment, fears of evictions or foreclosures
      (working-class Democrats included) without facing political
      blowback. The American people are not buying the bull-
      shit they are being fed. They want to go back to work!

      Like

  2. The only rights you have are the ones you are willing to fight for, die for and KILL for.
    And those who create the laws don’t give two shits or a damn about constitutionality.
    All they care about is power. The roid raged badge heavy thugs they hire to enforce
    all those unconstitutional laws don’t care about the Constitution….many of them are
    barely capable of even reading it. All THEY care about is their paycheck, their dental
    plan and their pension…..and the fact that they get to bust heads without fear of personal
    consequences.

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  3. The great irony of Marshall’s ruling in Marbury is that the Constitution does not give the courts the power to decide the constitutionality of any law or regulation. Furthermore, the Common Law tradition also prohibits judges from making such determinations. Marshall simply usurped that power.

    No Common Law country (other than the US) allowed their courts to evaluate the constitutionality of laws until about 30 years ago, when Canada passed such legislation. But note is was legislation and easily be reversed. I think all the Common Law countries now allow their courts to make such judgements.

    Marshall’s usurpation began the long series of reinterpretations, amendments and usurpations that have brought us to our present sorry state. The lockdowns may or may not be unconstitutional, delegations of emergency powers by legislation, both at the federal and state level, are too numerous to count. And who would judge the validity of such delegations? The courts?

    Who judges the validity of acts of Congress or of the President or of the courts? That is the great lacunae in our original Constitution.

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  5. I read both of these back in the early 80s. Any arbitrary edict or law that violates
    the US Constitution does not carry the weight of law and no law enforcement
    officer can be compelled to enforce it, and no judge or jury is obliged to
    adjudicate it. This SCOTUS decision was the origin of the concept of jury
    nullification.

    PS The COVID 19 Nazis are fighting a losing battle. Frau Whitmer is now
    calling the citizens of her own state racists and Nazis. Good luck getting
    reelected bitch, let alone flipping Michigan back to blue! At the rate these
    idiots are going, the electoral map after the November election will
    be as red as a baboons ass.

    This one made me chuckle:

    More than 900 Missouri residents who ‘snitched’ on lockdown rule-breakers fear
    retaliation after their details are leaked online. Good – the fuckin’ jerkoffs should
    all get their asses kicked.

    Fredo’s dumber brother Andrew and Comrade Mayor Deblasion have the state
    and NYC in total lockdown and the Proles are rebelling:

    Like

    • @Leonard Jones:

      The concept of jury nullification is far older then the Marbury decision. It goes back to the Magna Carta (1215). Obviously, it is older then that as the nobles did not pull that concept out of thin air when they forced King John to sign the Magna Carta.

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  7. Every Last Tyrant needs to swing… we need a “Night of the Rope” to clear out these bastards. Hang ’em in wholesale lots from the nearest tree/light pole/flag pole…

    Like

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