Sunday, May 18, 2008

Show Me the Law~Know Your Miranda Rights

Show me the law
by Panda Bear

  • If a legal team comes back and says no, nay, never, then ask them to show you the law.
    Let that be your mantra -
Let them get out the statute, code, whatever from the state, and show you what the law is. Then you can check it out against the Constitution.

Remember:

  1. "The claim and exercise of a constitutional right cannot be converted into a crime. Miller v. U.S. 230 F 486 at 489"

  2. "Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them. Miranda v. Ariz., 384 U.S. 436 at 491 (1966)."

  3. "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. No one is bound to obey an unconstitutional law and no courts are bound to enforce
    it. 16 Am Jur 2nd Section 177"

  4. "All laws, rules and practices which are repugnant to the Constitution are null and void. Marbury v. Madison"

  5. "The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution." Reid v Covert 354 US l (1957)

  6. "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... No one is bound to obey an
    unconstitutional law, and no courts are bound to enforce it." - Sixteenth American Jurisprudence, Second Edition, Section 256

  7. "When a legislature undertakes to proscribe the exercise of a citizen's constitutional rights it acts lawlessly and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all." -Justice William O. Douglas

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