Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803) ... the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument. In declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank. All law (rules and practices) which are repugnant to the Constitution are VOID. Since the 14th Amendment to the Constitution states NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, ... or equal protection under the law, this renders judicial immunity unconstitutional.
Posted on: Fri, 09 Jan 2015 18:36:39 +0000
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