

How to tell if a law is unconstitutional
This is prompted by a reply received from Rep. Pat Danner (Missouri) in regards to my belief that members of Congress are violating their oaths of office by passing bills into law that clearly affect the unalienable rights of people or violates articles, sections, and/or clauses of the Constitution.
In her reply, she stated: “In your comments you also asked about Congress’ role in passing laws which are Constitutional. You are quite correct that I, and all other members of Congress, take an oath to uphold the Constitution. However, as you may be aware, there are occasional differences of opinion about whether or not certain laws are Constitutional. In these cases, the court system is charged with making a final determination through judicial review.”
Where to start with this. First, since it is fact that if two or more people do not interpret a law the same way, the law is null and void for vagueness and it really doesn’t matter what any court states. Therefore, when the situation described by Danner occurs, the bill should be killed as it is clear members of Congress don’t know whether is it constitutional or not.
Accordingly, their oaths of office, U.S. jurisdiction, and constitutional power are in jeopardy of being violated. So, why waste time and money by passing the bill into law?
Second, courts cannot interpret laws. Only the people can. Thus, “jury nullification” or the power of the people to overrule any judge and law.
Furthermore, if it is certain the bill if passed into law will require a judicial review (as indicated by Danner), then it is also certain the bill if passed into law should be null and void for vagueness. Consequently, it seems this is counter productive and is intended to meet a hidden agenda.
Concerning the idea of congressional hidden agendas, it is obvious if either of these above conditions occur, Congress is intentionally passing a bill into law that it knows is unconstitutional if applied to the union of the 50 States but do so anyway in order to establish illegal control through fear of reprisal.
But let’s get the nitty-gritty. The role of Congress is quite clear. It’s job is only - and I repeat - ONLY - to serve the functions provided for in the Constitution. The powers given it by the people are stated quite simply in Article I, Section 8. And, Article I, Section 9, lists specific acts which may not be done by government.
Also, Article I, Section 17 states clearly the jurisdiction of the US Government. It is only the “District”, meaning the District of Columbia and “all places purchased by the Consent of the Legislature of the State in which
the Same shall be, for the Erection of Forts, ...”; i.e. ‘federal’ properties.
Then, Article IV, Section 3, Clause 2, gives Congress the power to make rules and laws concerning the “Territory and other property belonging to the United States...”
Furthermore, Article X of the amendments, gives powers not delegated to the federal government to the States and, ultimately, to the People.
To help clear up the fogginess for Congress, there are “guides” that should simplify their decisions greatly and save many hundreds, perhaps thousands of wasted man-hours and help stop these elected officials from violating their oaths of office and committing what should be considered treason.
Also, an effective guide, if followed, would allow them to remain in Washington perhaps a month (the Constitution requires one meeting a year rather than all year). Salaries could
be cut and they would be more accessible to their constituents.
UNLESS a bill clearly falls into the powers given Congress and does not exceed its jurisdictional limits (D. of C., federal properties, and territories), then the bill should it become law CANNOT be applied to the 50 States. It would be UNCONSTITUTIONAL to do so.
It doesn’t matter what any court says - that is what the Constitution says and no court, including the Supreme Court, can interpret a law or the Constitution. Furthermore, there is a truth people (and the courts) forget - ANYTIME THERE IS A CONFLICT OF INTERPRETATION BETWEEN THE INDIVIDUAL AND THE GOVERNMENT, THE COURT MUST RULE IN FAVOR OF THE INDIVIDUAL. Of course, crooked judges (those under control of the feds) ignore this.
Anyhow, here are a few basics that need addressing and could very well serve as a -
1. UNALIENABLE RIGHTS may not be legislated against. Congress has violated this thousands of times, including with firearms, federal income tax,
illegal search and seizures, stop/check points regardless of the guise by government intruders, property violations, and, - hm, just read the laws passed by Congress in the last 100 years or more and you will have a reasonable count of unconstitutional laws.
2. ANY LAW that does not fall clearly in powers permitted to Congress in Article I, Section 8, does NOT jurisdictionally apply to the 50 States. The States are NOT property nor territories of the US Government. Rather, the converse.
This should result in the repeal of laws that aren’t constitutional; laws which never should have been passed concerning firearms, tobacco, alcohol, federal income tax (a trillion dollar scam against the People), safety (including seatbelts, drinking and driving, and so on), Article XIII violations, and the many “laws” resulting in government violations of Articles IV, V, X, and XIV of the Amendments.
3. Although it appears members of Congress believe otherwise, the CONGRESS DOES NOT HAVE PLENARY POWER over the 50 States and, hence, the people who are citizens or permanent residents within those States.
Not even the various State governments have plenary power. Only the individual has this power over himself controlled only by what is infringing upon the rights of others and due punishment for doing so. The State (People) does have the right to
define said crimes and determine punishments but the federal government does not except as provided for in the Constitution (apply only to Maritime violations, treason, and interstate commerce).
4. A LAW MUST SAY WHAT IT MEANS AND MEAN WHAT IT SAYS. Therefore, if two
members of Congress do not interpret the bill (law) identically or as to whether or not it falls within the powers of Congress, then, of course, the bill is NOT saying what it means nor meaning what it says.
Consequently, this would result in an invalid law which might harm thousands upon thousands of innocent, law-abiding citizens even though it should have been declared null and void for vagueness as a bill.
5. The MAJORITY MAY NOT VOTE AWAY THE RIGHTS OF THE INDIVIDUAL, nor may the majority determine what is constitutional. This is NOT A DEMOCRACY.
All that may be determined is whether of not violations of rights have occurred. This is not complicated to determine. I.e., if one takes another’s property, then the rights of the property owner have been violated.
If one defends against this as it is occurring, then no right has been violated since the perpetrator (the would-be thief) assumed the responsibility for possibly being shot and killed while attempting to steal another’s property.)
6. Because all law and power to make law is given ultimately to the People excepting for those powers stated in Article I, Section 8, any attempt at bypassing this will result in an unconstitutional law. So, TO SAVE TIME AND MAN-HOURS, SIMPLY KILL ANY BILL IN WHICH THERE IS ANY UNCERTAINTY.
In truth, it is difficult to recall one law that has been passed in the last eight or nine decades by the US Government that is legally (constitutionally AND jurisdictionally) applied to the States making up this union of States.
It seems, also, that many bills which have become law have “hidden” features which effectively remove rights of the people or favor certain people over
others (inequality).
Or, the legal intent (if there is one), such as the BATF properly assuring excise tax has been place on imported firearms is expanded to illegal actions. Illegal actions include, but are not limited to, in home invasions of law-abiding citizens by BATF breaking in and checking/confiscating firearms of law-abiding citizens and the FBI monitoring Internet communications. SUCH ACTS INTENTIONALLY CIRCUMVENT THE CONSTITUTION, a regular practice of the US Government.
Then, government courts make determinations outside their power and, of course, in favor of the Government (after all, who is paying their salaries and perks).
Then the government supports the decision with armed personnel,
including armed marauders of the IRS (a foreign organization to the 50 States), the BATF (also foreign to the 50 States), FBI (very limited original jurisdiction but deceptively expanded), and others in federal ‘law’ enforcement, including US Marshals enforcing federal law outside their jurisdiction.
In summary, how to avoid passing unconstitutional laws is simple to understand. I have condensed the above in order to aid their comprehension of the below rules.
If it isn’t within the powers given to Congress by the People in Article I, Section 8, of the Constitution of the People of the United States of America, then the proposed legislation is unconstitutional.
If there is a question of a bill being legal in affecting the people of the 50 States, then it is most likely the bill is unconstitutional and should be immediately placed in File 13 (the trash in case one doesn't know the term) or its constitutionality publically determined prior to passing into law.
If a bill confuses as indicated by having different meanings to different people, it will result in an unconstitutional law which can only be applied to the 50 States through force and/or coercement but is, in reality, null and void.
Congress has jurisdiction only over the District of Columbia, the
possessions, territories, and federal properties. READ THIS
CAREFULLY - The 50 States are independent of each other and the US Government. They are NOT possessions, territories, or property of the federal government and, thus, not in the jurisdiction of the federal government.
If there is controversy as to whether or not the people need the law, forget it. It is not up to the US Government (Congress) to determine what the people need - it is up to the people of the individual States to determine what the people need in their State without violating the rights of the individual.
With the thousands of laws having been passed which DO violate the Constitution, it is abundantly clear the members of Congress either do not have an understanding of the Constitution or do not respect it and the people of this nation. One of the two can be the only conclusion when it passes a questionable, deceptive, or flagrantly illegal bill into law.
Whichever, it is no different than any other foreign nation attempting to take over, nor any different than the control England once had. Either is an act against this nation of States and must be considered a traitorous, impeachable
act as it threatens the liberties of the People and destroys the very fabric of this nation.
That, Ladies and Gentleman, is unacceptable and becoming quite intolerable. And, it is such a simple fix. Just rid this nation of Republican-Democrat coalition's control in government.
Instead, fill all government levels with people who believe in and support the Constitution.
Then, in the future, imprison or, at the minimum, excise any government level official who violates the trust of the people and the principles this nation was founded on. Lying, deceit, criminal and immoral-unethical behaviors must be done away with.
In other words, make elected or appointed officials follow the rules set forth in the Constitution of the united States of America AND those that are accepted as right and proper in Man's relationship with Man.