The Constitution

by Karl Denninger, Market Ticker:

Trump has “praised” the blatantly unconstitutional gun control law just passed (and signed) by the state of Florida.  The NRA has sued, and I predict they will win.

The “law” is blatantly unconstitutional and thus no law at all, according to the US Supreme Court (118 US 425):

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.

And this means any attempt to “enforce” same is not a law enforcement action at all, but rather are the acts of a gang of armed thugs — and I’m sure you can figure out the rest.

Now of course if you actually take the obvious course of action that one would expect when said gang of armed thugs attempt an assault you will almost-certainly be killed; the NRA’s choice to sue instead of calling for mass-disobedience doesn’t come with the near-certainty of immediate death.  This does not, however, change the Supreme Court’s true statement on the facts.

That state agencies and instrumentalities choose to violate the Constitution with wild abandon and take reactionary measures without the full facts being in possession even by them, say much less by the public so an honest debate can be had, is nothing new.  In fact it’s utterly commonplace.  I’ve outlined hundreds of such instances in these pages since 2007.  So are official coverups of malfeasance or worse by various state and local agencies, including those already known in this specific instance.

However, for a sitting President to cheer on such lawless behavior is another matter.  Sure, we’ve had Presidents that have engaged in such personally before when it comes to various matter of policy but this is quite a new and outrageous act.

I’ve opined here that it would be unconstitutional for Mueller to indict Trump.  My opinion has changed: I no longer care.

Trump has taken upon himself to cheer wanton and outrageous violations of the Constitution by a State — an act that is a direct violation of his oath of office. Indeed, he had a duty to direct Sessions to sue Florida and seek an immediate injunction himself, not the other way around.

For this reason Trump’s presidency (with a little “p” from here on) must be destroyed — and I no longer care if the means of doing so is Constitutional or not.  A person who declares that the Constitution’s highest and best purpose is to wrap fish no longer has standing to rely on its defenses.

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