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Laws that are unconstitutional do not need to be obeyed

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DesEtoiles Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:26 PM
Original message
Laws that are unconstitutional do not need to be obeyed
I believe that's the law.
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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:27 PM
Response to Original message
1. not exactly. you can use that as a defense
at trial, sometimes it works, sometimes not.

they are not like military rules and orders. if they are passed by the legislative branch, even if found to be unconstitutional by the SC later, they are still laws enforceable by whatever means allowed.
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stepnw1f Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:27 PM
Response to Original message
2. Yup!
That's what I say as well.
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Democrats_win Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:30 PM
Response to Original message
3. Should we even recognize the authority of an unconstitutional government?
Obviously we must recognize it's power, but....

"When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

http://www.ushistory.org/Declaration/document/index.htm
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Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:31 PM
Response to Original message
4. There is no moral obligation
to obey an unjust law.
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BOSSHOG Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-07-06 12:32 PM
Response to Original message
5. And there is no longer any requirement
to swear to tell the truth since the president, vice president and attorney general of the United States don't have to.
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