Citizens Handbook - American Free Press
LAW OF THE LAND
T he 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 thel and, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and al aw violating it to be valid; one must prevail. This is succinctly stated as follows in Section 256 of the Second Edition of Sixteenth American Jurisprudence:
The general rule is that an unconstitutional statute, whether federal or state, though having the form and name of law, is in reality no law,but is wholly void, and ineffective for any pur-pose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decisions 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.No repeal of such an enactment is necessary.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 contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation.No one is bound to obey an unconstitutional law and no courts are bound to enforce it. Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid.
Sixteenth American Jurisprudence Second Edition, Section 256
LAW OF THE LAND
T he 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 thel and, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and al aw violating it to be valid; one must prevail. This is succinctly stated as follows in Section 256 of the Second Edition of Sixteenth American Jurisprudence:
The general rule is that an unconstitutional statute, whether federal or state, though having the form and name of law, is in reality no law,but is wholly void, and ineffective for any pur-pose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decisions 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.No repeal of such an enactment is necessary.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 contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation.No one is bound to obey an unconstitutional law and no courts are bound to enforce it. Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid.
Sixteenth American Jurisprudence Second Edition, Section 256