Wednesday, October 24, 2007

Bad Law = No Law

In 1803, Chief Justice John Marshall declared in Marbury v. Madison:

"An act of the legislature repugnant to the Constitution is void."

(Lex malla, lex nulla.)

What are (American) Patriots loyal to? The Legislature or the Constitution?

If the legislature passes unconstitutional laws, is it not a Patriot's duty to disobey them—to proclaim them "void"; to insist that government obey the law?

To those who say, "Work within the system", I say, " The Constitution IS the system, and if the legislature (or the courts) violate it, the system has already been breached."

You can't break the law by making illegal laws, and then insist everybody "obey the law"!
What Free Man would buy that "logic"?

The Gunslinger

2 comments:

  1. "What are (American) Patriots loyal to? The Legislature or the Constitution?"

    Asking it more generally, one could ask what all Patriots are loyal to, some arbitrary legislation, or their country and people? I say the latter, and that that's a concept that can be applied across the board. Perhaps even one that should be applied across the board in what's left of the West.

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  2. Agreed.

    I'd like to see the U.S. Constitution as the law of the land in every Western Country.

    Wouldn't the British be better off with a written Bill of Rights guaranteeing the right to free speech, to keep and bear arms, against unreasonable search, etc.?

    Just sayin'

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