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Heaven help us.
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Judged:
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1 "It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature ... The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body." Here, Hamilton points out the fact that, in our Confederate Republic, the U.S. Supreme Court MUST apply the Constitution to all federal laws as intended by the Founders. They are NOT to place their will above the will of those who framed and acceded to the U.S. Constitution. To suggest that the US S CT has the power to alter, change or amend the Constitution at will is to place the US S CT above the Constitution: they can no more do this than the legislative branch can pass an unconstitutional law and the executive branch can carry out an unconstitutional law. Or as Hamilton puts it, putting their will above the Constitution will "equally be the substitution of their pleasure to that of the legislative body." Neither is acceptable and neither is constitutional. http://newswithviews.com/baldwin/baldwin528.h... "All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona "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 "No one is found to obey an unconstitutional law and no courts are bound to enforce it." 16 Am Jur 2d, Sec 177 late 2d, Sec 256 |
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