VOID !!!!
Are we required to obey unconstitutional actions and acts?
VOID!
That’s how the founders described any federal action that goes beyond the limits of the Constitution. As 3rd Chief Justice Oliver Ellsworth made clear, when your government claims powers it was never delegated, its acts are no law at all. “If they make a law which the Constitution does not authorize, it is void.”
What it comes down to is, that covers virtually every federal act, “law,” rule, regulation and order on the books today. So, what did the founding generation mean by “void?” As Thomas Jefferson explained, they meant that the so-called “law” is a nullity and has no legal effect under the Constitution.
“Whensoever the general government assumes undelgated powers, its acts are unauthoritative, void, and of no force.” This is true from the moment the unconstitutional act is passed, the regulation published, the order signed – it has no authority from day one. But that truth alone doesn’t stop the feds from enforcing it. Declaring something void isn’t enough. It takes real action by the people.
Roger Sherman repeated Ellsworth and Jefferson: “All acts of the Congress not warranted by the Constitution would be void.” And here’s the good news. They can be stopped.
“Nor could they be enforced contrary to the sense of a majority of the states.”
Sherman understood the power of the people of the several states. We can stop unconstitutional actions. But it’s not about protesting, or voting the bums out, or hoping some court comes to our rescue.
It’s up to us. Refuse to comply. Nullify. That’s how we defend our Constitution and our liberty – whether the government likes it or not.
Maxims of Law :
lli. Where there is no authority for establishing a rule, there is no necessity of obeying it. Black's, 2d. 1181; Dav. Ir. KB. 69.Useless power is to no purpose. Branch, Prine.
72e. Where there is no authority to establish, there is no necessity to obey. Dav. 69; Bouv. 160.
49l. That which is against Divine Law is repugnant to society and is void. C.L.M
62b. A repugnant act cannot be brought into being, i.e., cannot be made effectual. Plowd. 355.
62p. An unconstitutional Act is not a law; it confers no rights; it imposes no duties; it 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, 118 U.S. 425, 442.
62l. Time cannot render valid an act void in its origin. Dig. 50, 17, 29
5lb. The government is to be subject to the law, for the law makes the government. C.L.M.
5lp. The main object of government is the protection and preservation of personal rights, private property, and public liberties, and upholding the law of God. American Maxim.
Supreme Court Decisions:
Miranda v. Arizona, 384 U.S. 436 (1966)
"Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them."
Marbury v. Madison, 5 U.S. 137 (1803)
“A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individual’s rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary.”
From the Pennsylvania Constitution:
Pennsylvania Constitution Article I Section 1:
“All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.”
Pennsylvania Constitution Article I Section 2:
“All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.
Pennsylvania Constitution Article I Section 25
Reservation of Powers in People
To guard against the transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.