THE LAW OF THE LAND vs. UNCONSITUTIONAL ACTS

THE LAW OF THE LAND vs. UNCONSITUTIONAL ACTS

by Michael Peroutka

BOARD OF CARROLL COUNTY COMMISSIONERS

May 22, 2013

Testimony of Michael A. Peroutka, Esq.

Institute on the Constitution

8028 Ritchie Hwy., Suite 211

Pasadena, Maryland  21122

410 768 2280 X 223

 

“When you refuse to enforce an unconstitutional act, you are not breaking the law, you are upholding it.”

 

THE LAW OF THE LAND vs. UNCONSITUTIONAL ACTS

Is there a difference between a “law” and an “unconstitutional act”?

The Supreme Court says there is.  In the case of Norton vs. Shelby County, they said this:

“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 v. Shelby County, 118 U.S. 425 (1886)

In perhaps the most famous case of all time, Marbury v. Madison, the Supreme Court, very directly, said this:

“All laws which are repugnant to the Constitution are null and void.”  Marbury v. Madison, 5 U.S. 137 (1803)

The recent enactments by the Maryland legislature, which clearly infringe on the right of the people to keep and bear arms, contradict both the Second Amendment to the United States Constitution and Article 2 of the Maryland Declaration of Rights.

Therefore they are unconstitutional acts, which, in the words of the Declaration of Independence are not law, but only “pretended legislation”. 

They are, “…in legal contemplation, as inoperative as though they had never been passed.”

It logically follows that it would be unlawful to enforce them or to be, in any way, complicit in their enforcement.

Moreover, it follows logically and legally, that local, elected officials, who are sworn to uphold the Constitution, (not pretended legislation that violates it), are duty bound to protect the people under their care from those that would wrongly enforce that which is clearly NOT the law.

Therefore we are embarked on a campaign suggesting that all citizens call upon their local legislative, judicial and law enforcement officials to declare these unconstitutional acts to be what they are, void and of no effect.

Through radio advertisements and other materials produced by the Institute, we are actively encouraging Maryland citizens to educate themselves about these crucial issues and to actively support local officials to know what law is and not to enforce that which is not the law.

We are, and will continue to, work with local officials in all of Maryland’s counties to publically renounce the unlawful actions of the legislature and to assure the citizenry that they will uphold the oath that they took to protect and defend the Constitution of the United States and the State of Maryland.