"To be
governed is to be watched, inspected, directed, indoctrinated,
numbered, estimated, regulated, commanded, controlled, law-driven,
preached at, spied upon, censored, checked, valued, enrolled, by
creatures who have neither the right, nor the wisdom nor the virtue
to do so." - Pierre-Joseph Proudhon
"If there was ever a
time in history to impeach a President of the United States, it
would be now." - Barbra Streisand Monday, November 7,
2005
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. Madiso
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
8. DEPRIVATION OF
RIGHTS UNDER COLOR OF LAW
Summary:
Section 242 of
Title 18 makes it a crime for a person acting under color of any law
to willfully deprive a person of a right or privilege protected by
the Constitution or laws of the United States.
For the purpose
of Section 242, acts under "color of law" include acts not only done
by federal, state, or local officials within the their lawful
authority, but also acts done beyond the bounds of that official's
lawful authority, if the acts are done while the official is
purporting to or pretending to act in the performance of his/her
official duties. Persons acting under color of law within the
meaning of this statute include police officers, prisons guards and
other law enforcement officials, as well as judges, care providers
in public health facilities, and others who are acting as public
officials. It is not necessary that the crime be motivated by animus
toward the race, color, religion, sex, handicap, familial status or
national origin of the victim.
The offense is
punishable by a range of imprisonment up to a life term, or the
death penalty, depending upon the circumstances of the crime, and
the resulting injury, if any.
TITLE 18, U.S.C.,
SECTION 242
Whoever, under
color of any law, statute, ordinance, regulation, or custom,
willfully subjects any person in any State, Territory, Commonwealth,
Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution
or laws of the United States, ... shall be fined under this title or
imprisoned not more than one year, or both; and if bodily injury
results from the acts committed in violation of this section or if
such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire, shall be fined under this
title or imprisoned not more than ten years, or both; and if death
results from the acts committed in violation of this section or if
such acts include kidnaping or an attempt to kidnap, aggravated
sexual abuse, or an attempt to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this title, or imprisoned for
any term of years or for life, or both, or may be sentenced to
death.
http://www.usdoj.gov/crt/crim/242fin.htm