Constitutional rights vs.

state rights edited version at the bottom

"The Constitution for these united States is the Supreme Law of the Land. Any law that is repugnant to the Constitution is null and void of law and effect from its inception." Marbury v. Madison, 5 US 137 1. Do you have a right? 2. If you have a right and it is violated, do the laws of the country afford a remedy? 3. If you have a remedy at law is it a mandamus issuing from this court? The opinion of the court on all three questions was yes, yes, yes.

"No state shall convert a liberty into a privilege, license it, and attach a fee to it." Murdock v. Pennsylvania, 319 US 105 "A state may not impose a charge for the enjoyment of a right granted by Federal constitution." at 113, (1943). "If a state converts a liberty into a privilege the citizen can engage in the right with impunity." Shuttlesworth v. Birmingham, 373 US 262 "Where rights secured by the Constitution are involved, there can be NO rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436 "Any unconstitutional act is not law, it confers no rights, it imposes no duties, it affords no protection, it creates no office, it is an illegal contemplation, as inoperative as though it had never been passed." Norton v. Shelby County, 118 US 425 Unlawful search and seizure. Rights must be interpreted in favor of the citizen. Byars v. US, 273 US 28 5th Amendment rights. "...constitutional provisions for the security of person and property should be liberally construed... It is the duty of the courts to be watchful for the constitutional rights of citizens, and against any stealthy encroachment thereon." Boyd v. US, 116 US 616 Relying on prior decisions of the Supreme Court is a perfect defense against willfulness. US v. Bishop, 412 US 346

S." (Paraphrased) U. in the computation of the tax it cannot be taxed by or under State authority.Officers of the Court have no immunity. 100 S. Ed. rules or regulation. Thompson. v.. (31 USC 3124. v.. 932 "Because of what appears to be a lawful command on the surface. 350 US 179. Planters Bank. Ct. directly or indirectly. 692 "Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered is intentionally misleading". at page 187 ". 502 US 21 A citizens must be free to travel throughout the United States uninhibited by statutes. 89 S. City of Independence. and the estoppel by misrepresentation." Boyd v U.S. such corporations and individuals are regarded as an entity entirely separate from government. Tweel. Garner. Ct. 116 US 635. U..S. be considered.constitutional provisions for the security of person and property should be liberally construed . Melo. Minker.318 US 363 Bank of United States v. Shapiro v. it will operate as an estoppel.. 2d 297 (1977) "Silence is a species of conduct. Ct. 550 F. Bower.. 100 S. 24 Addresses the untaxability of obligations of the United States by or under State authority. when violating a constitutional right. 2502 Hafer v. 1322 "Governments descend to the level of a mere private corporation and takes on the character of a mere private citizen [where private corporate commercial paper {Federal Reserve Notes} are concerned]. Memphis Bank & Trust v. due to ignorance. 459 US 392.. United States. Owens v.. 1398 Maine v. from liability."(Emphasis added) Clearfield Trust Company v. and constitutes an implied representation of the existence of facts in question. For purposes of suit. It is the duty of the courts to be watchful for the constitutional rights of citizens. Thiboutot. 6 L. . or both. 103 S. for they are deemed to know the law. many citizens. because of their respect for what only appears to be a law. Ct. and against any stealthy encroachment thereon. Carmine v. 448 US 1. formerly 742) and provides that if any taxing requiring that either the obligation or the interest thereon. 64 A. 398 US 618. 9 Wheaton (22 US) 904. are cunningly coerced into waiving their rights.. 445 US 621. When silence is of such a character and under such circumstances that it would become a fraud on the other party to permit the silent party to deny what his silence has induced the other party to believe and act upon.

contractual language relied upon must on its face amount to a waiver. "Every citizen and freeman is endowed with certain rights and privileges to enjoy which no written law or statute is required. Collins. U. or sometimes even mistake. "Consent in law is more than mere formal act of the mind. & P. Morris. based upon the individuality and intelligence of the Citizen. 722. recognized among all free people.." U. "Statutes that violate the plain and obvious principles of common right and common reason are null and void. It is an act unclouded by fraud. Day.. "A waiver of constitutional rights in any context must. Dulles 357 U. 463. Crescent City Co. by acts of Congress. 623. Shevin. 116. 107 US 67 (1983).S. 157. 60 (1830). enforcing its edicts to the injury of the person and property of its subjects is not law.S. the state does not claim to control him. Law is something more than mere will exerted as an act of power. Calif. "It is not every act. except as his conduct to others. 12 Calif. v. v." Hurtado v.S.S. 125.." Butcher's Union Co." Bennett v. "Every consent involves a submission.Arbitrary power. 110 US 515 (1984) "Our rights cannot. "The right to travel is part of the Liberty of which the Citizen cannot be deprived without due process of law under the Fifth Amendment.. legislative in form. 203 US 1 (1942). 9 Car." Kent v. "Our system of government. 659-60. 1 Baldwin. but it by no means follows that a mere submission involves consent.. . that is law. duress."The right to the enjoyment of life and liberty and the right to acquire and possess property are fundamental rights of the citizens of the several states and are not dependent upon the Constitution of the United States or the federal government for their existence." Hodges v." Mugler v. 125 F 322. Kansas 123 U. given away or taken away. These are the fundamental or natural rights. 325." Butler v. leaving him the sole judge as to all that only affects himself. be bartered away. Boggs. at the very least." Regina v." Fuentes v. be clear.. 111 US 746 (1883).

... 832. 196 Mass.." 84 C.... No tax can be sustained as valid unless it is levied in accordance to the letter of the statute.. and all executive and judicial Officers.. Mich.....R..... Cal v. North Adams 82 N... S.) "A state may impose an excise upon the franchise of corporations engaging in a business which every private Citizen has a right to engage in freely. 46. 142 Cal... 130. Christy v.....S. and the Laws of the United States which shall be made in Pursuance thereof.. Constitution: "This Constitution........ Question: Can the government put restrictions on the rights of the American people at anytime. 64 L.. 1 (1957) "A failure substantially to comply with the statutory requirements as to the mode and manner or making the levy invalidates the tax: and there must be strict compliance with mandatory procedures..... 216 Ill. 266 US 576.. 290 .......S.. and welfare... 74 NE 1035... for any reason? Answer: Article Six of the U.A.." "But wait! There's more!" In the same Article. 09. health.. to support this Constitution...... Mass......." Reid v Covert... ... The privilege taxed is the right to engage in such business with the special advantages which are incident to corporate existence..J. 98 Cal. Duke.E........ Elliot... 20 CA 3d 1032.State police power extends only to immediate threats to public safety......Hough v..... 918.. any Thing in the Constitution or laws of any State to the Contrary not one word withstanding... 31. 354 U. it says just who within our government that is bound by this Supreme Law: “The Senators and Representatives before mentioned....” "Ladies and gentlemen! That's STILL not all! There's more!" .. 100 A...... 75 Pac....... º355.. v..... 449.... 69.....R. 276..shall be the supreme Law of the Land.................. "No agreement with a foreign nation and no treaty is free from the restraints of the Constitution. and the Judges in every State shall be bound thereby.S.. shall be bound by Oath or Affirmation." California Bank v..... both of the United States and of the several States. San Francisco.. and the Members of the several State Legislatures.... Farley...

" Sherer v. Wechsler. 319 US 105 "A state may not impose a charge for the enjoyment of a right granted by Federal constitution. is not to be defeated under the name of local practice. Shelby County. Madison. it imposes no duties."The state cannot diminish rights of the people. "The claim and exercise of a constitutional right cannot be converted into a crime. license it." Murdock v. "There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights. it is an illegal contemplation. 5 US 137 "No state shall convert a liberty into a privilege. Cullen. 373 US 262 "Any unconstitutional act is not law. at 24 "Where rights secured by the Constitution are involved." Shuttlesworth v. it affords no protection. when plainly and reasonably made. California. Pennsylvania." Miranda v. as inoperative as though it had never been passed. at 489. Birmingham. 481 F 946 "The Constitution for these united States is the Supreme Law of the Land. it confers no rights. 1 Baldwin 60 "The assertion of federal rights. and attach a fee to it." Hertado v." Davis v." Miller v." Bennett v. Boggs. 110 US 516 "Statutes that violate the plain and obvious principles of common right and common reason are null and void. US. Any law that is repugnant to the Constitution is null and void of law and effect from its inception." at 113. 263 US 22. 118 US 425 . 384 US 436." Norton v. 230 F 486. it creates no office. Arizona. 491. "If a state converts a liberty into a privilege the citizen can engage in the right with impunity. there can be no rule making or legislation which would abrogate them." Marbury v. (1943).

448 US 1." Hurtado v. "Every citizen and freeman is endowed with certain rights and privileges to enjoy which no written law or statute is required. 100 S. that is law.. 110 US 515 (1984) "Our rights cannot.constitutional provisions for the security of person and property should be liberally construed . 100 S.. U. "The right to the enjoyment of life and liberty and the right to acquire and possess property are fundamental rights of the citizens of the several states and are not dependent upon the Constitution of the United States or the federal government for their existence. It is the duty of the courts to be watchful for the constitutional rights of citizens.S. 502 US 21 "Because of what appears to be a lawful command on the surface... 111 US 746 (1883).. These are the fundamental or natural . Byars v. 445 US 621. Bishop. Ct. Thiboutot. Owens v." Boyd v U. 116 US 635. v.. 350 US 179.constitutional provisions for the security of person and property should be liberally construed. Ct.S. from liability. are cunningly coerced into waiving their rights." Butcher's Union Co. and against any stealthy encroachment thereon." Boyd v. Calif..Arbitrary power.. 412 US 346 Officers of the Court have no immunity. It is the duty of the courts to be watchful for the constitutional rights of citizens.. 273 US 28 ". 203 US 1 (1942). US. 2502 Hafer v. because of their respect for what only appears to be a law. Melo. at page 187 "..Unlawful search and seizure. given away or taken away. Law is something more than mere will exerted as an act of power. by acts of Congress. US v. "It is not every act. Rights must be interpreted in favor of the citizen. and against any stealthy encroachment thereon. when violating a constitutional right. US. be bartered away. Minker. v. enforcing its edicts to the injury of the person and property of its subjects is not law.. for they are deemed to know the law.. Crescent City Co. due to ignorance.. 1398 Maine v." (Paraphrased) U.. legislative in form. City of Independence. many citizens. 116 US 616 Relying on prior decisions of the Supreme Court is a perfect defense against willfulness.S." Hodges v.

125 F 322. 354 U. based upon the individuality and intelligence of the Citizen. 623. defend. this places officials who involve themselves in such unlawful acts in an unfavorable legal situation. health. and enforce. If we are to follow the letter of the law. 449. 98 Cal. State police power extends only to immediate threats to public safety. 74 NE 1035. recognized among all free people. Duke. Morris. "America can only be considered a sovereign nation if those elected to preserve the Constitution actually do so with respect to both the Constitution and the people it serves. 266 US 576. being by lawfully amending the constitution. but the law that supersedes all other laws – the U. there is no question that the officer's duty is to uphold the U." U.S. v. 31. Our system of law dictates that there are only two ways to legally remove a right belonging to the people. 722. If laws in a particular state or local community conflict with the supreme law of our nation. leaving him the sole judge as to all that only affects himself. but it by no means follows that a mere submission involves consent. Day. the state does not claim to control him.as an act of treason.S. "Our system of government. An area of serious consideration for every police officer is to understand that the most important law in our land which he has taken an oath to protect. & P. 216 Ill. When those same elected officials attack and dismember and destroy the Constitution. but it is clearly an act of treason against ALL Americans. 1 (1957) =================================================================== Question: Is ignorance of these laws an excuse for such acts by officials? Answer: No. 69. not only are they destroying that which legalizes their employment. except as his conduct to others. And likewise they must be dealt with accordingly." Regina v. 325. or by a person knowingly waiving a particular right.S. Kem ." Mugler v. 9 Car.rights. "Every consent involves a submission. is not state laws and city or county ordinances.S. Elliot.) "No agreement with a foreign nation and no treaty is free from the restraints of the Constitution. 659-60. Christy v. Kansas 123 U." Reid v Covert. 09. Cal v." – C. Farley.S. 20 CA 3d 1032. Mich. (as we are sworn to do). It is a felony and federal crime to violate or deprive citizens of their constitutionally protected rights. and welfare. Constitution. Constitution. v.