Saturday, July 19, 2008

Lex or Rex?

The Article Six, Clause 2, of the U.S. Constitution is known as the Supremacy Clause.

The text is as follows: “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.”

Now, I admit that the wording is a bit confusing in places, but I used a dictionary (Thank you, Webster!), and I deciphered the lawyer talk.

It means, in a nutshell, that any law made along the guidelines of the Constitution is to be obeyed as the Supreme Law of the Land. However, any law contrary to the Constitution is not law, and is effectively null and void. This is not my interpretation, this is Webster’s.

The first thing that comes to my mind when discussing “illegal laws” is the idea of “Roadblock Checkpoints”. These are roadblocks, set up by local law enforcement, that stop absolutely everyone that passes by on that street without reasonable cause; they are then asked for papers, questioned, drug-tested, and usually set free.

These checkpoints are defended as legal, but what does the Supreme law of the Land say?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” ~Fourth Amendment

People are free from unreasonable searches and seizures except by warrant based on probable cause, sworn to by Oath, and describing the things to be searched for and the persons or things to be seized.

Sheriffs demand identification, question you about where you're coming from and where you're going, in some cases mandatory drug tests are performed, and they decide whether you may or may not continue to your destination, all without any cause whatsoever.


Nope, roadblocks are not Constitutionally lawful. [NULL AND VOID]

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