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What to do about Unconstitutional Acts - National Defense Authorization Act 2012 (NDAA)

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Unconstitutional Official Acts

16 Am Jur 2d, Sec 177 late 2d, Sec 256:

    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 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.

    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 supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.

    No one Is bound to obey an unconstitutional law and no courts are bound to enforce it.

Jon Roland:

Strictly speaking, an unconstitutional statute is not a “law”, and should not be called a “law”, even if it is sustained by a court, for a finding that a statute or other official act is constitutional does not make it so, or confer any authority to anyone to enforce it.

All citizens and legal residents of the United States, by their presence on the territory of the United States, are subject to the militia duty, the duty of the social compact that creates the society, which requires that each, alone and in concert with others, not only obey the Constitution and constitutional official acts, but help enforce them, if necessary, at the risk of one’s life.

Any unconstitutional act of an official will at least be a violation of the oath of that official to execute the duties of his office, and therefore grounds for his removal from office. No official immunity or privileges of rank or position survive the commission of unlawful acts. If it violates the rights of individuals, it is also likely to be a crime, and the militia duty obligates anyone aware of such a violation to investigate it, gather evidence for a prosecution, make an arrest, and if necessary, seek an indictment from a grand jury, and if one is obtained, prosecute the offender in a court of law.

—————

HELP:  WHAT TO CALL A VOID LAW (WHICH IS NOT A LAW):

It’s hard to think clearly if you haven’t got clear language. This would make it hard to analyse the situation correctly and take the appropriate action. Therefore, we need to change and update our vocabulary so that it conveys the true situation accurately.  What appropriate language can be used in referring to a VOID law

[1]  a PURPORTED law.  According to Webster:

pur·port·ed

adj -ˈpr-təd

 

Definition of PURPORTED

: reputed, alleged purported ancient sites>

—————

EFFECTIVE 01/01/2012, A VOID “law” PURPORTED to have been “enacted into law” by Barack Hussein Obama on 12/31/2011

The National Defense Authorization Act for Fiscal Year 2012 PURPORTS to grant the President and the executive branch of the US federal government, under section 1021, the authority to detain indefinitely, without trial, any American citizen, without charge. THIS IS UNCONSTITUTIONAL, thus VOID AND INEFFECTUAL, being a direct and willful violation of the Fifth amendment to the US Constitution which acknowledges the right to due process, as well as the Sixth Amendment guaranteeing a right to trial by jury.

What I also have to say is this:

You must not be afraid.  You must defeat their tyrannical fear campaign with truth, reason and light.

The traitors want you to rebel, they want you to secede, they want you to dissolve the country to “escape” them, so they can bring in troops and permanently impose their corporate-fascist government under the corrupt, communist UN.  But KNOWLEDGE IS POWER AND DIGNITY.  Knowledge is the true rebellion. Knowledge strips the tyrants bare, for all to see.  Knowledge is the refuge of the people, who exert it individually and as a nation.

Here is ONE individual who fearlessly exerts KNOWLEDGE. This is extremely powerful because it demands and insists that the Constitutional structures be used, that the Constitutional courts respect their role as GUARDIANS of the Constitution.  It is powerful because it can be seen by the WHOLE nation, who then inform themselves, and who can then join in the knowledge and the power, and in the dignity:

CHRIS HEDGES IS SUING OBAMA OVER HIS VOID NDAA:

http://www.truthdig.com/report/item/why_im_suing_barack_obama_20120116/

These individual acts are lights in darkness; they illuminate the True Constitution as a guide to all to show you where you MUST go.  Do not be turned from your own Constitution which the traitors want you to destroy.  Protect it!  Assert it!  REFUSE to have it overthrown!  That is your duty as citizens of your country.  PROTECT, DEFEND and UPHOLD with KNOWLEDGE, which is power and dignity.

Short version:  NDAA and Patriot Act are UNCONSTITUTIONAL, therefore VOID & POWERLESS
/story/1627/680/NDAA_and_Patriot_Act_are_UNCONSTITUTIONAL,_therefore_VOID_POWERLESS.html

Detaled version:  “The NDAA and the PATRIOT ACT are VOID and of NO legal FORCE or EFFECT” : 12 January 2012

http://canadian-state-of-the-union.blogspot.com/2012/01/ndaa-and-patriot-act-are-void-and-of-no.html

EXTREMELY IMPORTANT – why an armed revolution right now is extremely dangerous to America — the NWO gang has infiltrated an unknown number of State governments. Some of those people SIGNED the “Building a North American Community” plan in 2005 to convert USA-Canada-Mexico to a an inherently communist regional union — which will clearly be “federated” with other continental and regional unions of the same nature elsewhere, i.e., in Europe (EU), South America (UNASUR), Africa, Asia, etc.  These people NEED you to break up America FOR them, so they can bring in UN troops, and use the FEMA camps and take us all down for re-federation under world government.  This is why State-led measures right now are very dangerous.

Imagine that you are shipwrecked, and all around you a sea of chaos with NDAA, Patriot Act, Enemy Expatration and others are the waves rolling in around you. There is one light in the dark sea, there is one safe hold, one refuge, the beacon of the Constitution upon the rock of the Constitution. You swim for that, and you seize hold and you do not let go, or you will go down without it. 

The Constitution is what they want you to destroy, you must not let THEM get away with spreading the illusion they are destroying it, and YOU must uphold, protect & defend it, and NOT destroy it by secession or uncontrolled rebellions which can be INFILTRATED by your enemies and turned against you. 

You have to realize they have planned a long time for this moment. They have planned all their options and are banking on you taking a wild and violent course of action that they can intercept from outside and inside and take over and control. 

Their VOID laws are like a gunshot at a cattle ranch; they WANT you to stampede. Do not RE-act; think and act consciously, rationally, and with dignity.

Read the link below, and see how the State Government of Massachussets is directly connected to the NWO, and then ask yourself how many others also are.  Before you take any action, you must sit calmly and quietly and assess all the facts in the light of the Constitution, consider what courses of ACTION your enemies have planned, and you must PLAN in advance an appropriate sequence of actions that you can amend when needed, and choose the right, Constitutional course of action at all times. 

Even if at some point, constitutionally, you believe you are compelled to risk your life, that is the very LAST course, not the first, and you must ALWAYS minimize the risk for yourself and others, because the Constitution is about LIFE, first.

TAKING AMERICA DOWN FOR GLOBALISM IN THE NAME OF PATRIOTISM

http://canadian-state-of-the-union.blogspot.com/2011/06/taking-america-down-for-globalism-in.html

Regards,
Kathleen Moore
HABEAS CORPUS CANADA
The Official Legal Challenge
To North American Union
www.habeascorpuscanada.com
 



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    • HCCanada

      UPDATE:

      Ron Paul is recklessly pretending to try to “repeal” the NDAA. This is absolutely WRONG. It helps to UNDERMINE the appropriate LEGAL recourses.

      NDAA is TREASON: it’s a crime, not a “political” choice to debate in Congress & “repeal”.

      Also, VOID “law” (purported law) DOES NOT EXIST. You cannot “repeal” what does not exist! The remedy is LEGAL, JUDICIAL DECLARATION OF VOIDNESS “ab initio” (the purported law is VOID from the moment of alleged passage).

      Pretending NDAA is political, Paul ENTRENCHES the criminals in OFFICE; by operation of the Constitution, their OATHS are VOID and they are SELF-DISCHARGED. What Paul is doing in pretending it is just a bad “political” idea is ENTRENCHING a criminal President and the criminals who broke their OATHS to pretend to “pass” it. You NEED them OUT!

      PAUL’s actions are misguided.

      He is helping to keep criminals in place when they are OUT OF OFFICE by reason of VOID OATHS!

      He is deceiving himself and the public. He is damaging the Constitution!

      He is pretending CRIMINALS who have attempted HIGH TREASON have “political” power. They have NO power; they are subject to IMPEACHMENT and INDICTMENT.

      People under VOID OATHS for TREASON have no right in law to SIT, DEBATE & “PASS” laws in Congress! Their presence IMPEACHES the lawful Congress. Ron Paul is asking an IMPEACHED Congress full of traitors who pretended to “pass” NDAA, to now pretend to also “repeal” this non-existent VOID “law”! He’s asking the TRAITORS to please “repeal” the evidence of their own criminal TREASON. It’s insane.

      How badly does this man want to score political points? Is he willing to FLUSH the Constitution for his own ad-hoc system, just so he can say “HE” did it? That’s he’s a “hero”. You have to respect the Constitution, not make up your own system for political gain.

      What is the LAWFUL composition of Congress? Which offices do you need to form a Congress? How many PEOPLE are under VOID OATHS due to NDAA? If you have TOO FEW to lawfully constitute a Congress when the NDAA voters are REMOVED, you have a VOID CONGRESS. You need to check into this, and FIX it.

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