The Law of the Land
While recently going through some papers I found this definition of the Law Of The Land from the Sixteenth American Jurisprudence, Second Edition, Section 177:
"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 its enactment and not merely from the date of the decision branding it. As 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 not duties, confers no right, 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 Indeed, in so far as a statute runs counter to the fundamental law of the land, it is superseded thereby.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."
"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 its enactment and not merely from the date of the decision branding it. As 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 not duties, confers no right, 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, in so far 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."
While searching for this quote on the internet to verify it I found this excerpt also from American Jurisprudence, Second Edition:
Section 256. Generally.
The general rule is that an unconstitutional statute, whether federal [29] or state, [30] though having the form and name of law, is in reality no law, [31] but is wholly void, [32] and ineffective for any purpose; [33] since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, [34] an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. [31] Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. [36] No repeal of such an enactment is necessary. [37]Since an unconstitutional law is void, the general principles follow that it imposes no duties, [38] confers no rights, [39] creates no office, [40] bestows no power or authority on anyone, [41] affords no protection, [42] and justifies no acts performed under it. [43] A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. [44]
No one is bound to obey an unconstitutional law [45] and no courts are bound to enforce it. [46] Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. [47]
A void act cannot be legally inconsistent with a valid one. [48] And an unconstitutional law cannot operate to supersede any existing valid law. [49] Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. [50] Since an unconstitutional statute cannot repeal or in any way affect an existing one, [51] if a repealing statute is unconstitutional, the statute which it attempts to repeal remains in full force and effect. [52] And where a clause repealing a prior law is inserted in an act, which act is unconstitutional and void, the provision for the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. [53]
The general principles stated above apply to the constitutions as well as to the laws of the several states insofar as they are repugnant to the Constitution and laws of the United States. [54] Moreover, a construction of a statute which brings it in conflict with a constitution will nullify it as effectually as if it had, in express terms, been enacted in conflict therewith. [55]
An unconstitutional portion of a statute may be examined for the purpose of ascertaining the scope and effect of the valid portions. [56]
The numbers in [brackets] are footnotes that refer to court decisions. You can look them up in the American Jurisprudence at any law library.
Seems to me it is time to reaffirm our rights and take back our liberties and freedoms. If we don't no one will.
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