Is it unlawful to follow a law that is against the Constitution?

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Thread: Is it unlawful to follow a law that is against the Constitution?

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    Distinguished Member Array tangoseal's Avatar
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    Is it unlawful to follow a law that is against the Constitution?

    This might be worth pondering for a bit. Might even give people something to think about for a while.

    Would it be considered "Unlawful or Illegal" to follow a Law that is unconstitutional?

    Shouldn't all of congress go to Jail for half of what they have passed over the last two centuries?

    Shouldn't police officers go to jail for enforcing laws such as enforced in Chicago and other places deeming it unlawful to lawfully protect one's self in accordance with the second amendment?

    Shouldn't citizens go to jail for enforcing laws just the same?

    It go me thinking that our nation is so full of laws that are absolutely unconstitutional that I dont think we have a mass of land large enough to build a prison to hold all of these people.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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    VIP Member Array gottabkiddin's Avatar
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    I have pondered it for quite some time... Just check out my sig..
    "He that hath no sword, let him sell his garment, and buy one." Luke 22:36

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." Thomas Jefferson

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    VIP Member Array farronwolf's Avatar
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    Should officers in Chicago go to jail for enforcing laws. No. that is their job, that is why they are called Law Enforcement Officers. LEO's don't usually get to pick and choose which laws they enforce. Legislatures make laws and mayor, governors or presidents sign them into law or not.

    Then if someone has a problem with the law they bring suit, like Heller or McDonald, ect and the courts decide whether some parts or all of the law is unconstitutional or invalid in some form or another.

    That is the way the American system works. No where in that system is there room for individuals whether paid LEO's or regular Joe's to enforce laws selectively, or make their own rules.
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    The 'American Way', may soon be coming to an end...prepare, folks!
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    I, Buckeye .45, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
    I took that oath seriously when I took it, I can't speak for others.
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    The constitution is unconstitutional,don't take my word for it,just ask the current administration.

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    Distinguished Member Array GunGeezer's Avatar
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    And when a government violates the law of the land, the Constitution, it is the duty of the citizens to alter or abolish it! Philosophy is a wonderful thing, theoretically.

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    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by tangoseal View Post
    This might be worth pondering for a bit. Might even give people something to think about for a while.

    Would it be considered "Unlawful or Illegal" to follow a Law that is unconstitutional?
    No, it is lawful and legal and we are obligated to obey it until a court of competent authority finds the law in question to be unconstitutional.

    Shouldn't all of congress go to Jail for half of what they have passed over the last two centuries?
    No, but they should be replaced. And every two years we have the opportunity to replace the entire house and 1/3 of the senate. But for some reason we don't.

    Shouldn't police officers go to jail for enforcing laws such as enforced in Chicago and other places deeming it unlawful to lawfully protect one's self in accordance with the second amendment?
    Until a court finds a law to be unconstitutional law enforcement officers are obliged to enforce it as written whether they agree with it or not.

    Shouldn't citizens go to jail for enforcing laws just the same?
    So are you saying you want our laws enforced by non citizens? Like U.N. blue hat types?

    It go me thinking that our nation is so full of laws that are absolutely unconstitutional that I dont think we have a mass of land large enough to build a prison to hold all of these people.
    There is no law against passing unconstitutional laws.
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    VIP Member Array Eagleks's Avatar
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    A case here, brought consequences that were unintended by the law. A guy produced a gun when one guy was threatening him with a knife, but the guy cut off his attack and left, so he did not SHOOT him.... and put his gun away. He was arrested for brandishing and illegal use of a weapon. The law says you are OK if you shoot them, but nothing about if the attack stops. The Judge ruled he could NOT use self-defense as an argument in his trial.

    He was convicted. It was appealed to the State Supreme Court, who upheld the conviction.

    The Legislature .... quickly modified the law to say that .... if the threat ceases you are NOT guilty of a crime, and made it retroactive..... meaning that anyone convicted of anything that would have been found innocent and their actions legal by this modification... was to be "voided" and released.

    The Legislature never meant nor intended for that to be ILLEGAL, but the DA, the Judge and the Supreme Court had gotten the guy convicted anyway. At least the legislature "remedied it " .

    But, those poor souls who are convicted of something, the Legislature makes it legal, and they are still sitting in prison.

    If it is found "unconstitutional" , sometimes there is some "remedy", e.g. those given the death penalty, law is over-turned as unconstitutional, and sentences are modified to life imprisonment.

    So, should Chicago release all those that their laws put into prison, that under the newest Supreme Court has found as unconstitutional ? YES ! ! !
    Last edited by Eagleks; July 13th, 2011 at 12:49 AM.
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    Distinguished Member Array tangoseal's Avatar
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    I wasnt asking for my own sake or lack of understanding of our founding docs. I was asking just to start a chain of thought.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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    Ex Member Array hamlet's Avatar
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    Quote Originally Posted by tangoseal View Post
    This might be worth pondering for a bit. Might even give people something to think about for a while.

    Would it be considered "Unlawful or Illegal" to follow a Law that is unconstitutional?

    Shouldn't all of congress go to Jail for half of what they have passed over the last two centuries?

    Shouldn't police officers go to jail for enforcing laws such as enforced in Chicago and other places deeming it unlawful to lawfully protect one's self in accordance with the second amendment?

    Shouldn't citizens go to jail for enforcing laws just the same?

    It go me thinking that our nation is so full of laws that are absolutely unconstitutional that I dont think we have a mass of land large enough to build a prison to hold all of these people.
    It's not unconstitutional until the Supreme Court declares it - whatever "it" may be - unconstitutional - then it won't be enforced. If you're talking 2nd Amendment, you have to know what the Supremes made unconstitutional. It was laws against basic right to own a gun - the "Basic Right", not everything to do with guns.

    For any law, before you go breaking one out of principle, better find out by careful research with attorneys and leo sources whether it's actually what you think it is vis a vis the Constitution. The Supreme Court has the last word, not you. (And if it's never had a ruling on a particular law, THAT is the ruling: it's Constitutional.)
    Last edited by hamlet; July 12th, 2011 at 07:15 PM.

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    tangoseal, good post. And good questions. Here's how I see it.

    It's called "Koyaanisqatsi" (An old Hopi Indian word which means "Life out of balance.")

    It's a 1982 documentary by the same name, and it is a montage of short film clips depicting (from the director's perspective) how life is not in harmony the world over. A very interesting movie made 30 years ago with a shocking vision into the future. There's no dialogue in the film, just the music composed by Philip Glass.

    We are living on a precipice and things are getting more out of control. We have a lawless administration and it hasn't been the first.

    Have people woke up enough to steer this country back on course? Or, are we doomed to continue down the vortex, unable to put the breaks on the momentum which has built for so long?

    There was a sequel documentary in 1988 called "Powaqqatsi", by the same director, which is from another Hopi Indian word which means "Life in transformation." Like most sequels, it did not live up to the 1st and did not get good reviews, but still an interesting perspective.

    Ever since Obama said during the campaign he wanted to "Fundamentally Transform America," I knew nothing good was going to come from it.

    When he was "doing coke" back in "the hood," (which he wrote about) in his two autobiographies, I wonder if he ever saw those two documentaries?
    -Bark'n
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