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Post by Prosay on Apr 16, 2020 10:00:18 GMT -5
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rabbit
LER member level 2
Posts: 842
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Post by rabbit on Apr 16, 2020 10:43:20 GMT -5
judge nap IS A TOOL... don't really give much credence to what he has to say...
murphy IS A TOOL as well.
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Post by Prosay on Apr 16, 2020 10:46:32 GMT -5
I agree. And his past "decisions," especially on Trump, are indications of that.
Which makes one "tool" going after another "tool" all that more interesting.
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Post by RetirementIsParole on Apr 16, 2020 15:29:56 GMT -5
Broken clock.
Can't take credit for the following, found it on some other forum, but reinforces what some of us here consistently assert:
This was the ruling of the United States Supreme Court shortly after the “Civil War” in Ex parte Milligan, 71 U.S. 2 (1866) which yet stands to this day:
“The Constitution for the United States is a law for rulers and people equally in war and in peace…at all times, and under all circumstances. No doctrine…was ever invented… than that any of its provisions can be suspended during any of the exigencies [emergencies/urgencies] of government.”
pp. 120-121 “…there is no law for the government of the citizens, the armies or the navy of the United States, within American jurisdiction, which is not contained in or derived from the Constitution.”
p. 141 In 16 American Jurisprudence 2d, a legal encyclopedia of United States law, suspension of the Constitution is prohibited, as follows: “It is sometimes argued that the existence of an emergency allows the existence and operation of powers, national or state, which violate the inhibitions of the Federal Constitution. The rule is quite otherwise. NO emergency justifies the violation of any of the provisions of the United States Constitution.”
Section 71 “…Neither the legislature nor any executive or judicial officer may disregard the provisions of the Constitution in case of an emergency…”
Section 98 Therefore, ANYONE who declares the suspension of constitutionally guaranteed rights (to freely travel, peaceably assemble, earn a living, freely worship, etc.) and/or attempts to enforce such suspension within the 50 independent, sovereign, continental United states of America is making war against our constitution(s) and, therefore, we, the people. They violate their constitutional oath and, thus, immediately forfeit their office and authority and their proclamations may be disregarded with impunity and that means ANYONE; even the Governor and President!
“A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individual’s rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary.” – Marbury vs. Madison, 5 U.S. 137 (SCOTUS—1803)
“An unconstitutional law is void and is as no law. An offense created by it is not crime. A conviction under it is not merely erroneous but is illegal and void and cannot be used as a legal cause of imprisonment.” – Ex parte Siebold, 100 U.S. 371 (SCOTUS—1879)
“An unconstitutional act is not law. It confers no rights; it imposes no duties; affords no protection; it creates no office. It is, in legal contemplation, as inoperative as though it had never been passed.” – Norton vs. Shelby County, 118 U.S. 425 (SCOTUS—1886)
“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 statue, 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 principals 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 land, it superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” – 16 American Jurisprudence 2d, Sec. 177
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PDU
LER member level 3

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Posts: 1,291
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Post by PDU on Apr 16, 2020 22:07:40 GMT -5
He has lightened up on Trump considerably. Look out for a federal judgeship for Eddie Munster
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realscu
LER member level 3

Posts: 1,818
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Post by realscu on Apr 16, 2020 22:31:00 GMT -5
Nap is an angry midget.
Little man syndrome.
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Post by hapd on Apr 16, 2020 22:39:01 GMT -5
Combat Information Center Watch Supervisor
R I P-what site did you gleam that from. I remember marbury V. madison a seminal con law case.
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Post by behindtheline on Apr 16, 2020 22:48:50 GMT -5
I could not agree more with Rabitt:
judge nap IS A TOOL... don't really give much credence to what he has to say...
murphy IS A TOOL as well.
So what you have, is one douchebag attempting to rewrite the laws based on his belief and the other frustrated NOBODY attempting to show how knowledgeable he is by acting like he can interrupt the law for the rest of the uneducated people in the whole wide world.
Judge Nap should go practice with Judge Judy !
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Post by RetirementIsParole on Apr 17, 2020 1:21:46 GMT -5
Combat Information Center Watch Supervisor R I P-what site did you gleam that from. I remember marbury V. madison a seminal con law case. It was someone's post on a 2nd Amendment forum, I cut and pasted it complete and saved it as a document
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Post by hapd on Apr 17, 2020 6:44:40 GMT -5
Combat Information Center Watch Supervisor
Thank You Sir. really good gouge and forgotten by my CRS symptoms-can't remember shitte.
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