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 Indeed, insofar as a statute runs counter to the fundamental law of the land, it superseded thereby.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. Sixteenth American Jurisprudence, Second Edition, Section 177. All laws which are repugnant to the Constitution, are null and void. Chief Justice Marshall, Marbury v. Madison, 5, U.S. (Cranch) 137, 174,176 Where the meaning of the constitution is clear and unambiguous, there can be no resort to construction to attribute to the founders a purpose of intent not manifest in its letter. Norris v. Baltimore, 172, Md. 667; 192 A 531.0. Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. Miranda v. Arizona, 384 U.S. 436, 491. If the legislature clearly misinterprets a constitutional provision, the frequent repetition of the wrong will not create a right. Amos v. Mosley, 74 Fla. 555; 77 So. 619. It is the peculiar value of a written constitution that it places in unchanging form limitations upon the legislation and thus gives a permanence and stability to popular government which otherwise would be lacking. Muller v. Oregon, 208 U.S. 412. The courts cannot rightly prefer, of the possible meanings of the words of the constitution, that which will defeat rather than effectuate the constitutional purpose. United States v. Classic, 313 U.S. 299. The constitution is an instrument from the people and a construction thereof should effectuate their purpose from the words employed in the document; and the courts may not color it by the addition of words or the ingrafting of their views as to how it should be written. Ervin v. Collins, Fla. 85 S. 852; 59 ALR 706. The basic purpose of a written constitution has a twofold aspect, first the securing to the people of certain unchangeable rights and remedies, and second, the curtailment of unrestricted governmental activity within certain defined fields. DuPont v. DuPont, Sup. 32 Ded. Ch. 413; 85 A 2d 724. The State cannot diminish rights of the people. Hurtado v. California, 110 U.S. 516 Constitutions are not primarily designed to protect majorities, who are usually able to protect themselves, but rather to preserve and protect the rights of individuals and minorities against arbitrary action of those in authority. Houston County v. Martin, 232 A 1 511; 169 So. 13. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief with the chains of the Constitution. Thomas Jefferson. Thus it is easy to understand how law, instead of checking injustice, becomes the invincible weapon of injustice. It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds. Frederic Bastiat (1801-1850). Our Bill of Rights curbs all three branches of government. It subjects all departments of government to a rule of law and sets boundaries beyond which no official may go. It emphasizes that in this country man walks with dignity and without fear, that he need not grovel before an all powerful government. Justice William O. Douglas, U.S. Supreme Court. Thank you Anthony P Bosworth for writing all of this!!!
Posted on: Thu, 08 Jan 2015 23:59:14 +0000
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