Really, show me where this is written and defensible.
Really, show me where this is written and defensible.
Sure, it's called the Constitution. 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
it's 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.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no
rights, 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 s
upersede 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land, it is superseded thereby.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.
http://www.constitution.org-----------------------------------------------------------------------------------------------------------------------------------------
Alabama Sheriff Joins Those Refusing To Enforce Unconstitutional Gun Laws
January 17, 2013
A sweeping set of gun control proposals laid out by President Obama on Wednesday is adding more fuel to a growing
national debate, and one local lawman is raising concerns that the proposed legislation is unconstitutional.
Madison County Sheriff Blake Dorning told WHNT News 19 that his office will not enforce new gun control legislation if
he feels those laws violate the Second Amendment.
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Sheriffs will not enforce Obama gun control laws; List reasons for defiance Civil Liberties
January 19, 2013
A growing number of sheriffs will not enforce President Obama's gun control proposals, should they become law.
In the past 24 hours, sheriffs in Arizona, California and Colorado have publicly and explicitly stated that they
will not enforce proposed federal gun control laws sought by President Obama. Speaking directly to the President's
Wednesday, Jan. 16, 2013 proposals, these sheriffs have made their support of Second Amendment rights
unequivocally clear: El Dorado County, California Sheriff John D’Agostini, according to local news station KRNV on Jan. 19,
2013 ("The purpose of this letter is to go on record of re-affirming my oath of office and making it clear that I
and my staff will never violate [our oath of office] by being pressured into enforcing any unconstitutional provision,
law or executive order.");
Fresno County, California Sheriff Margaret Mims, according to local news station KFSN on Jan. 18, 2013
("So I have sent a letter to the White House saying I will not enforce any unconstitutional gun control laws.");
Yavapai, Arizona Sheriff Scott Mascher, according to a Jan. 18, 2013 internal Sheriff memorandum published
by media outlet Reason ("As Sheriff, I refuse to participate or cooperate with any unconstitutional order that will
infringe upon our 2nd amendment rights."); and
Larimer County, Colorado Sheriff Justin Smith, according local television station KWGN, also on Jan. 18, 2013
("As Sheriff, I will not: Enforce unconstitutional federal laws; Obey unconstitutional laws; Allow others to violate the
Constitutional Rights of those in my county.")
This brings the total, verified number of sheriffs who have specifically pledged not enforce President Obama's
proposed federal gun laws to 39. To a person, they consider President Obama's current gun control proposals
unconstitutional and an illegal infringement of Second Amendment rights. We provide that list to you below. The
sheriffs on the list have made their comments after the President officially announced his proposals on Wednesday,
Jan. 16, 2013. This list does not include sheriffs who have voiced general opposition to gun control or who have
made their statements before the President's official Jan. 16, 2013 proposals.
Oregon sheriffs (9) (as reported by Fox News, online newspaper OregonLive, local radio station KCMB, local
television station KMTR and gun rights organization Oregon Firearms);
Linn County Sheriff Tim Mueller
Douglas County Sheriff John Hanlin
Baker County Sheriff Mitchell Southwick
Josephine County Sheriff Gil Gilbertson
Crook County Sheriff Jim Hensley
Coos County Sheriff Craig Zanni
Curry County Sheriff John Bishop
Grant County Sheriff Glenn Palmer
Washington County Sheriff Pat Garrett
Colorado sheriffs (4) (as reported by local television station KWGN, the El Paso County Sheriff's Official
website, the Mesa County Sheriff's Official Facebook page and the Denver Post);
El Paso County Colorado Sheriff Terry Maketa
Larimer County Sheriff Justin Smith
Mesa County Sheriff Stan Hilkey
Weld County Sheriff John Cooke
Alabama sheriffs (3) (as reported by local news station WHNT, gun rights organization Oath Keepers and
media outlet Dothanfirst);
Madison County Sheriff Blake Dorning
Morgan County Sheriff Ana Franklin
Houston County Sheriff Andy Hughes
Califonia sheriffs (3) (according to The Modesto Bee, and local news stations KRNVand KFSN);
El Dorado County Sheriff John D’Agostini
Fresno County Sheriff Margaret Mims
Stanislaus County Sheriff Adam Christianson
Missouri sheriffs (3) (as reported on BeforeItsNews and news station KOAM and KCTV);
Johnson County Sheriff Charles Heiss
Lawrence County Sheriff Brad DeLay
Livingston County Sheriff Steve Cox
Arizona sheriffs (2) (according to news outlets TPM and Reason);
Maricopa County Sheriff Joe Arpaio
Yavapai County Sheriff Scott Mascher
Florida sheriffs (2) (according to local news station WPTV and Sheriff McKiethen's personal Facebook page);
Martin County Sheriff Bill Snyder
Bay County Florida Sheriff Frank McKiethen
Georgia sheriffs (2) (as reported by the Cherokee Tribune and MinnPost Christian Science Monitor);
Cherokee County Sheriff Roger Garrison
Gilmer County Sheriff Stacy Nicholson
Idaho sheriffs (2) (according to news station KIFI and newspaper Idaho Statesman);
Canyon County, Idaho Sheriff Kieran Donahue
Madison County Sheriff Roy Klingler
Ohio sheriffs (2) (according to radio station KyPost);
Boone County Sheriff Michael A. Helmig
Clermont County Sheriff A.J. Rodenberg
South Carolina sheriffs (2) (according to The Post and Courier and news station WYFF);
Charleston County Sheriff Al Cannon
Spartanburg County Sheriff Chuck Wright
Johnson County, Kansas Sheriff Frank Denning, according to the Kansas City Star;
Jackson County, Kentucky Sheriff Denny Peyman, as reported by NBC News;
Pine County, Minnesota Sheriff Robin Cole, according to NewsMax;
Humboldt County, Nevada Sheriff Ed Kilgore, as reported by local news station KRNV; and
Smith County, Texas Sheriff Larry Smith, as reported by local news station KLTV.
UPDATE:
On Jan. 19, 2013, Roosevelt county sheriff Darren Hooker of New Mexico declared that
he will not enforce President Obama's proposed gun control laws or assault weapons ban, according
to the Portales News-Tribune.
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