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Extracted from the www.wbns.us newsletter Mar. 2009
1) Marbury v Madison, 5 US (2 Cranch) 137, 174, 176; 2 LE
60 (1803) reveals that "All laws which are repugnant to the Constitution are null and void."
2) Miranda v Arizona, 384 US 436, 491; 86 S Ct 1602; 16 L Ed
2d 694 (1966) reveals that "Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them."
3) Norton v Shelby County, Tennessee, 118 US 425, 442; 6 S Ct 1121; 30 L Ed 178 (1886) reveals that "An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; creates no office. It is as inoperative as though it had never been passed."
4) West Virginia State Board of Education v Barnette, 319 US 624, 638; 63 S Ct 1178; 87 L Ed 1628 (1943)
compared with Romer v Evans, 517 US 620; 116 S Ct 1620; 134 L Ed 2d 855 (1996) reveals - "The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no election."
5) Weimer v Bunbury, 30 Mich 291; 1874 Mich. LEXIS 168 (1874) reveals that "The Bill of Rights in the American Constitution has not been drafted for the introduction of new law, but to secure old [already existing] principles against abrogation or violation."
6) Crandall v Nevada, 73 US 35; 18 L Ed 745 (1868), & Pinkerton v Verberg, 78 Mich 573; 44 NW 579 (1889), reveals that "One of the basic rights in the 'Bill of Rights' is 'the basic constitutional right to travel. This Constitutional 'right to travel' has been used to strike down a number of politician-invented laws, devised on various fraudulent pretexts. [The prophet reveals that the Sunday law will also be "devised on various fraudulent pretexts" under a "plea of goodness." Here's the quote - "Human enactments, laws manufactured by satanic agencies under a plea of goodness and restriction of evil, will be exalted, [in a number of areas, they're doing it even now] while God's holy commandments are despised and trampled underfoot. And all who prove their loyalty by obedience to the law of Jehovah must be prepared to be arrested, to be brought before councils that have not for their standard the high and holy law of God. [Are you and I "prepared to be arrested" for Jesus and for His law? Are we cowards who will cave in like Peter did, and receive the mark of the beast?] "Those who live during the last days of this earth's history will know what it means to be persecuted for the truth's sake. In the courts injustice will prevail. The judges will refuse to listen to the reasons of those who are loyal to the commandments of God, because they know that arguments in favor of the fourth commandment are unanswerable. They will say, 'We have a law, and by our law he ought to die.' God's law is nothing to them. [Do you believe that?] 'Our law' with them is supreme. Those who respect this human law will be favored, but those who will not bow to the idol sabbath will have no favors shown them." Maranatha, p.195.
Michael Parenti said, "The worst forms of tyranny, are those that are not perceived as tyranny."
7) Bonnett v Vallier, 136 Wis 193, 200; 116 NW 885, 887 (1908); and Ballard v Goodland, 159 Wis 393, 395; 150 NW 488, 489 (1915); reveal that unconstitutional enactments [laws] are treated as though they had never existed.
8) The United States Constitution, based upon the notion of due process and fairness, bans after the fact laws, i.e., 'ex post facto' laws. (It says, "No ex post facto Law shall be passed." Constitution, Article I § 9). This means that, to be constitutional, a law must tell the citizenry IN ADVANCE, what act is contemplated by the prohibition of the law. It is not constitutional, to decide retroactively, after the fact, e.g., that what was done previously, was wrong.
9) People v Firth, 3 NY2d 472; 168 NYS2d 949; 146 NE2d 682 (1957) reveals that there can be no law that says that a motor vehicle's speed, which endangers life, limb, or property, is too fast. The court said that "Such a law is truly meaningless because there is no such thing as a motor vehicle speed incapable of endangering life, limb, or property." [A car - barely moving - going even 1 mph is capable of crushing a human or an animal against a wall or a tree.] "Such a law amounts to saying that if, under any circumstance, the driver is unable to bring his car to a stop without injuring someone or something, he is driving too fast." The court case said that that law was unconstitutional, and the law was struck down. The court realized that such laws would ban all driving.
10) People v Gaebel, 2 Misc 2d 458; 153 NYS2d 102 (1956) reveals that a law is unconstitutional
which says that it is a crime to set a vehicle in motion, even at the lowest speed possible, if such vehicle is thereafter involved in an accident which causes injury to another or his property. The court said, "The statute imposes liability without any fault; its words constitute the operator of a vehicle the insurer of the public. . . and does not set up a standard for the operation of a motor vehicle, a deviation from which can properly be made the basis for a criminal prosecution." A similar case is People v Horowitz, 4 Misc 2d 632; 158 NYS2d 166 motion gr 3 NY2d 789; 164 NYS2d 41; 143 NE2d 796 (1956).
11) City of Oak Ridge v Diana Ruth Brown
(Tenn. Ct. App., Case No. E2004-01574-COA-R3-CV, 2005 WL 1996620, 19 August 2005 lv app den 2006) reveals that a law is unconstitutional which forbids what the U.S. Constitution allows.
12) State v Lantz, 90 W Va 738; 111 SE 766; 26 ALR 894 (1922) reveals that a person who has an accident cannot be charged with the violation of a law unless every law which he is supposed to have broken was plainly posted to him before the accident. The judge said, "One jury might say that a certain rate of speed was reasonable and proper. Another jury might reach exactly the opposite conclusion from exactly the same state of facts and the same circumstances."
13) In Hayes v State, 11 Ga App 371; 75 SE 523 (1912) the judge said, "We appreciate thoroughly the difficulty in prescribing the maximum rate of speed which can be employed in all cases; but this furnishes no reason why, in the language of the Supreme Court of the United States, the Legislature should be permitted to set a dragnet and leave the courts to determine who shall be detained in the net and who should be set at liberty."
14) U.S. Const., Art. VI, cl. 2; Maryland v Louisiana, 451 US 725, 746; 101 S Ct 2114; 68 L Ed 2d 576 (1981) reveals that, "Where a state statute conflicts with, or frustrates, federal law, the former must give way."
15) People v Earnest, 33 Cal App 4th Supp 18 (14 Feb 1995) reveals that "The Legislature strongly disapproves of speed traps," citing People v Sullivan, 234 Cal App 3d 56, 58-59; 285 Cal Rptr 553 (1991).
16) Meyer v Nebraska, 262 US 390, 399; 43 S Ct 625, 626; 67 L Ed 1043 (1923) reveals that The Constitution protects our 'liberty.' Case law shows that the 'liberty' protected by the Fourteenth Amendment extends beyond freedom from bodily restraint and includes a much wider range of human activity, including the opportunity to make a wide range of personal decisions concerning one's life, family, and private pursuits.
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