All laws which are repugnant to the Constitution are null and void.” -Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803) “When Rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” -Miranda vs. Arizona, 384 US 436 p. 491 “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 US 425 p. 442 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.” -16 American Juris 2nd, Sec 177 late 2d Sec 256 “The claim and exercise…of a constitutional Right cannot be converted into… a crime.” -Miller vs. U.S. 230 F. 486, 489. “There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights.” -Snerer vs. Cullen, 481 F. 946 “When a person, without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” -Runyan vs. State, 26 Tex. “These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” -Jones vs. State, 26 Tex. “An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” -(State vs. Robinson, 145 ME. 77,72 ATL. 260). “Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” -(State vs. Mobley, 240 N.C. 476, 83 S.E. 2d 100). “One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” -(Adams vs. State, 121 Ga. 16, 48 S.E. 910). “Citizens may resist unlawful arrest to the point of taking an arresting officers life if necessary.” -Plummer vs. State, 136 Ind. 306. This premise was held up the Supreme Court of the United States in the case: John Bad Elk vs. U.S., 177 U.S. 529"
Posted on: Mon, 19 Aug 2013 01:56:30 +0000