1. "The claim and exercise of a
constitutional right cannot be converted into a crime. Miller v.
U.S. 230 F 486 at 489"
2. "Where rights as secured by the
Constitution are involved, there can be no rule making or
legislation which will abrogate them. Miranda v. Ariz., 384 U.S. 436
at 491 (1966)."
3. "Since an unconstitutional law is
void, the general principles follow that it imposes no duties,
confers no rights, creates no office, bestows no power or authority
on anyone, affords no protection and justifies no acts performed
under it. No one is bound to obey an unconstitutional law and no
courts are bound to enforce it. 16 Am Jur 2nd Section
177
4. "All laws, rules and practices
which are repugnant to the Constitution are null and void. Marbury
v. Madiso
5. "The United States is entirely a
creature of the Constitution. Its power and authority have no other
source. It can only act in accordance with all the limitations
imposed by the Constitution." Reid v Covert 354 US l
(1957)
6 "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 it's
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." - Sixteenth American Jurisprudence,
Second Edition, Section 256
7. "When a legislature undertakes to
proscribe the exercise of a citizen's constitutional rights it acts
lawlessly and the citizen can take matters into his own hands and
proceed on the basis that such a law is no law at all." - Justice
William O. Douglas
8. DEPRIVATION OF RIGHTS
UNDER COLOR OF LAW
Summary:
Section 242 of Title 18
makes it a crime for a person acting under color of any law to
willfully deprive a person of a right or privilege protected by the
Constitution or laws of the United States.
For the purpose of
Section 242, acts under "color of law" include acts not only done by
federal, state, or local officials within the their lawful
authority, but also acts done beyond the bounds of that official's
lawful authority, if the acts are done while the official is
purporting to or pretending to act in the performance of his/her
official duties. Persons acting under color of law within the
meaning of this statute include police officers, prisons guards and
other law enforcement officials, as well as judges, care providers
in public health facilities, and others who are acting as public
officials. It is not necessary that the crime be motivated by animus
toward the race, color, religion, sex, handicap, familial status or
national origin of the victim.
The offense is punishable
by a range of imprisonment up to a life term, or the death penalty,
depending upon the circumstances of the crime, and the resulting
injury, if any.
TITLE 18, U.S.C., SECTION
242
Whoever, under color of
any law, statute, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, Commonwealth,
Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution
or laws of the United States, ... shall be fined under this title or
imprisoned not more than one year, or both; and if bodily injury
results from the acts committed in violation of this section or if
such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire, shall be fined under this
title or imprisoned not more than ten years, or both; and if death
results from the acts committed in violation of this section or if
such acts include kidnaping or an attempt to kidnap, aggravated
sexual abuse, or an attempt to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this title, or imprisoned for
any term of years or for life, or both, or may be sentenced to
death.
http://www.usdoj.gov/crt/crim/242fin.htm
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