Considering Article VI, there appears to be no way for a citizen to lose a lawsuit against governmental abuse: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made; or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or laws of any State to the contrary notwithstanding.
Current Federal and State law:
You do NOT have to stay home.
You do NOT have to close your business.
You are NOT restricted in your travels.
You are NOT banned from religious assembly.
These are NOT laws, as a law must be passed by your state legislature. And, of course, this has not happened in any of our 50 states.
These following orders are UNLAWFUL “orders”:
Stay at home,
Close your business,
Don’t go to church,
Practice social distancing,
Wear a mask, No interstate travel etc etc.
These are NOT laws that can carry any kind of criminal penalty for violation. They are at best ONLY guidelines for “suggestion”. These “orders” carry NO legitimate force of law with which to back them up.
NO governor nor mayor may craft a law and assign a punishment for its non-compliance. They can’t. And, even if one of these tyrants tries to do so, such orders or actions would then be profoundly unconstitutional and a solid basis for compensation to “anyone affected” by them.
The Free Exercise Clause of the First 1st Amendment firmly establishes freedom of religion as a fundamental liberty, and the Due Process Clause of the Fifth 5th Amendment firmly establishes your right to purchase a lawful product in interstate commerce from a willing seller as “fundamental“.
Fundamental liberties are in the highest category of liberty, akin to freedom of conscience and speech and press and privacy and travel.
Right to Congregate/Assemble
Per the First 1ST Amendment to the United States Constitution:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Right to Travel:
DESPITE ACTIONS OF POLICE AND LOCAL COURTS, HIGHER COURTS HAVE RULED THAT AMERICAN CITIZENS HAVE A RIGHT TO TRAVEL!!!
Per our 14TH Amendment to the United States Constitution (abridged):
“The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day.”
Stopping a tyrannical overthrow of the United States AND the WORLD, the stripping of our Liberties & Freedoms BEGINS with YOU. Do your part and STAND UP for yourSELF before you no longer have a self to stand up for!!!
These are the facts: Stop letting tyrants lie to you. Call them what they really are = Tyrants
Ivy West
ivywest1@icloud.com
Neither President nor Governor(s) Have Authority to Close Anything in the Private Sector
This is NOT an opinion. 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)
“Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.” – Miranda vs. Arizona, 384 U.S. 436 (SCOTUS—1966)
“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
“No one is bound to obey an unconstitutional law, and no courts are bound to enforce it. The general rule is that an unconstitutional statute, whether federal or state, 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.” – 16 American Jurisprudence 2d,, Sec. 256
Executive Orders and other Presidential Directives have no general applicability and lawful effect on anyone other than those in the Executive branch of government and even they must be Constitutional. In Confederate Bands of Ute Indians vs. United States, 330 U.S. 169 (1947), the U.S. Supreme Court noted that presidential authority may not be created by arbitrary action of the President of the United States even if an Executive Order was issued.