"No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."
- Alexander Hamilton, Federalist #78
http://gunshowonthenet.com/FederalistPapers/F... "All laws which are repugnant to the Constitution are null and void."
- Marbury v. Madison, U.S. Supreme Court,[5 U.S.(2 Cranch) 137 (1803).]
http://gunshowonthenet.com/2ALaw/MarburyvMadi... "The State cannot diminish the rights of the People."
- Hurtado vs. California, U.S. Supreme Court,[110 U.S. 516 (1884).]
"An unconstitutional act is not law; it confers no right; 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 v Shelby County, U.S. Supreme Court,[118 US 425,(1886).]
"The court is to protect against any encroachment of Constitutionally secured liberties.”
- Boyd v. United States, U.S. Supreme Court,[116 U.S. 616,(1886).]
"The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted, it means now. Being a grant of powers to a government, its language is general; and, as changes come in social and political life, it embraces in its grasp all new conditions which are within the scope of the powers in terms conferred. In other words,[Page 199 U.S. 437, 449] while the powers granted do not change, they apply from generation to generation to all things to which they are in their nature applicable. This in no manner abridges the fact of its changeless nature and meaning. Those things which are within its grants of power, as those grants were understood when made, are still within them; and those things not within them remain still excluded."
- Mr. Justice Brewer, U.S. Supreme Court,[South Carolina v. US, 199 U.S. 437 (1905).]
"The claim and exercise of a Constitutional right cannot be converted into a crime."
“No state shall convert a liberty into a privilege, license it, and attach a fee to it.”
- Miller v. U.S., U.S. Supreme Court,[319 U.S. 105 (1943).]
“Where rights secured by the Constitution are involved, there can be no rule making or legislation, which would abrogate them.”
- Miranda v. Arizona, U.S. Supreme Court,[384 U.S. 436 (1966).]
“If the state converts a liberty into a privilege the citizen can engage in the right with impunity”
- Shuttlesworth v Birmingham, U.S. Supreme Court,[394 U.S. 147 (1969).]
"Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”
- Owen v. City of Independence, MO,[445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980).]
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 so branding it. An 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.
"A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar 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."
- 16th American Jurisprudence, 2nd Edition, Volume 16, Section 177.
Also See:
http://www.familyrightsassociation.com/bin/ca...