Constitutionally Guaranteed Right

Thursday, September 26, 2013 [original date]

Constitutionally Guaranteed Right Cannot Be Converted Into A Crime

Miller v. US (5th Circuit) 230 F. 2d. 486 (1956) “The claim and exercise of a constitutional right cannot thus be converted into a crime”
Miranda v. Arizona 384 US 436 (1966)
“Where rights are secured by the constitution are involved, there can be no rule making or legislation which would abrogate them.”
Hale v. Henkel 201 US 43 (1906)
“…There is a clear distinction…between an individual and a corporation…The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way…He owes nothing to the public so long as he does not trespass upon their rights. Upon the other hand, the corporation is a creature of the state…it’s powers are limited by law.”
Byars v. United States 273 US 28 (1927)
“…it is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachment thereon.”
Marbury v. Madison (1 Cranch 170) 5 US 137 (1803)
“…a legislative act contrary to the constitution is not law…an act of the legislature repugnant to the constitution is void.”
Norton v. Shelby County 118 US 425 (1886)
“An unconstitutional act is not law…it imposes no duty…it is, in legal contemplation, as inoperative as though it had never been passed.”
Mugler v. Kansas 123 US 623 (1887)
“The supreme court of the United States is, however, the final expositor and arbiter of all disputed questions touching the scope and meaning of that sacred instrument [the US Constitution], and its decisions thereon are binding upon all courts, both state and federal.”
Ex Parte Young 209 US 123 (1908)
“The Eleventh Amendment provides no shield for a state official confronted by a claim that he had deprived another of a federal right under the color of state law…when a state officer acts under a state law in a manner violative of the federal constitution. And he is, in that case, stripped of his official or representative character, and is subjected in his person to the consequences of his individual conduct. The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States.”
Staub v. Baxley 355 US 313 (1958)
“…an ordinance which makes the peaceful enjoyment of freedoms which the constitution guarantees contingent upon the uncontrolled will of an official – as by requiring a permit or license which may be granted or withheld in the discretion of such official – is an unconstitutional censorship or prior restraint upon the enjoyment of those freedoms.”
United States v. Jackson 390 US 570 (1968)
“If a law has ‘no other purpose…’ than to chill the assertion of constitutional rights by penalizing those who choose to exercise them, then it [is] patently unconstitutional.”
Cohens v. Virginia (6 Wheaton) 19 US 264 (1821)
“A law cannot exceed the authority of the lawgiver. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. The several state legislatures and judiciaries, are all bound by solemn obligation of an oath, to support the federal constitution;…willfully legislating in violation of that constitution…[is] guilty of perjury. [309]”
Post borrowed from:  http://www.titanians.org/right-to-travel-is-guaranteed/

Letter to the Editor: Second Amendment

TO THE EDITOR AND THE PEOPLE IN REGARDS TO THE ARTICLE IN THE JUNE 16, 2016 ISSUE AND GOVERNOR SNYDER SIGNS 23 BILLS.

The article The NRA misrepresents  ”The Second Amendment.”
Alice Shaw Carter also misrepresents ”The Second Amendment ”.
The first thing  one has to do when they research a old document like the Bill of Rights is to obtain a dictionary that was used at that same time period the document was written the definitions change with time. The folks of that period did not have any of these nuisance revenue generating regulations at their time period, they didn’t come until much later in history. The term in The Second Amendment means that  The Militia Person is proficient in all his arms and weapons!.
The other thing is that the people are the masters and the government are the servants, so how can the servant have superior arms and weapons?  If the government can have it we can have it.
Now My question What do you think the other term in The Second Amendment ,””Shall not be infringed”‘ mean???
The other thing that must be remember is you have no right to police protection.
Governor Snyder signs 23 bills SB 569  Increases the monetary amount local government are allowed to place in a ‘RAINY DAY FUND” from 15 TO 2O % .  If a local government  has any money top place in a Rainy Day fund it should be returned to the tax payer as they are being over taxed!

Charles H. Forster
Jones MI