sapphireslinger

News Link: Sleeping is Now a Crime

What about all those awesome youtubers living in their cars and blogging about it? What about people who can't afford Tiny Houses but do just fine in their cars? Even my uncle who has a house will sometimes study and nap in his car in the beautiful outdoors.

A bad law like this is what jury nullification is for.

... the most powerful vote ... is when you are acting as a jury member during a courtroom trial. At this point, “the buck stops” with you! It is in this setting that each JUROR has MORE POWER than the President, all of Congress, and all of the judges combined!

Congress can legislate (make law), the President or some other bureaucrat can make an order or issue regulations, and judges may instruct or make a decision, but no JUROR can ever be punished for voting “Not Guilty!” Any juror can, with impunity, choose to disregard the instructions of any judge or attorney in rendering his vote. If only one JUROR should vote “Not Guilty” for any reason, there is no conviction and no punishment at the end of the trial.

Thus, those acting in the name of government must come before the common man to get permission to enforce law. (Citizen's Rule Book)

Is this legal?

JURY RIGHTS

“The jury has the right to judge both the law as well as the fact in controversy.” John Jay, 1st Chief Justice U.S. supreme Court, 1789

“The jury has the right to determine both the law and the facts.” Samuel Chase, U.S. supreme Court Justice, 1796, Signer of the unanimous Declaration

“The jury has the power to bring a verdict in the teeth of both law and fact.” Oliver Wendell Holmes, U.S. supreme Court Justice, 1902

“The law itself is on trial quite as much as the cause which is to be decided.” Harlan F. Stone, 12th Chief Justice U.S. supreme Court, 1941

“The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judge...” U.S. vs. Dougherty, 473 F 2nd 1113, 1139. (1972)

LAW OF THE LAND

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 statute, to be valid, must be in agreement. It is impossible for a law, which violates the Constitution to be valid. This is succinctly stated as follows:

“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 its 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 Am Jur 2nd, Sec 177 late 2d, Sec 256