Treaties like other rules some may call law, in order to be a valid law it first must be constitutional. If it is not, and none are that I know of, It is null and void and the people have a right and a duty to disobey. In fact they have a DUTY to go arrest those who pass a unconstitutional law. It is also their DUTY to arrest those who voted to pass it because they are violating their oath of office.
“No agreement with a foreign nation and no treaty is free from the restraints of the Constitution. “ Reid v. Covert ,
354 U.S. 1 (1957)
All government officials and agencies, including all State legislatures, are bound by the Constitution and must NOT create any defacto laws which counter the Constitution:
“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 its unconstitutionality dates from the time of its enactment… In legal contemplation, it is as inoperative as if it had never been passed… Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it… A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution ) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886). See also Bonnett v Vallier, 136 Wis 193, 200; 116 NW 885, 887 (1908); State ex rel Ballard v Goodland, 159 Wis 393, 395; 150 NW 488, 489 (1915); State ex rel Kleist v Donald, 164 Wis 545, 552-553; 160 NW 1067, 1070 (1917); State ex rel Martin v Zimmerman, 233 Wis 16, 21; 288 NW 454, 457 (1939); State ex rel Commissioners of Public Lands v Anderson, 56 Wis 2d 666, 672; 203 NW2d 84, 87 (1973); and Butzlaffer v Van Der Geest & Sons, Inc, Wis, 115 Wis 2d 539; 340 NW2d 742, 744-745 (1983).
Mugler v. Kansas, 123 U.S. 623, 659-60. “Our system of government, based upon the individuality and intelligence of the Citizen, the state does not claim to control him, except as his conduct to others, leaving him the sole judge as to all that only affects himself.”
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” – Miranda v. Arizona, 384 U.S. 436, 491.
“The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. United States Supreme Court reminds us in Hale v. Henkel, 201 U.S. 43 (1906):
“The claim and exercise of a constitutional right cannot be converted into a crime.” Miller v. U.S., 230 F 2d 486, 489.
“There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.”- Sherar v. Cullen, 481 F. 945.
Murdock v. Pennsylvania 319 US 105 No state shall convert a liberty into a privilege, license it, and attach a fee to it. “A state may not impose a charge for the enjoyment of a right granted by Federal constitution. at 113, (1943).
Shuttlesworth v. City of Birmingham, 373 US 262 If a state converts a liberty into a privilege the citizen can engage in the right with impunity.
This means they are forbidden by law to charge you in anyway for a right or make it a crime in anyway to practice your rights.
“State officers may be held personally liable for damages based upon actions taken in their official capacities.” Hafer v. Melo, 502 U.S. 21 (1991).
“Anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of limitations upon his authority.” The United States Supreme Court, Federal Crop Ins. Corp, v. Merrill, 332 US 380-388 L1947)
“This Constitution, and the laws of the United States which shall be made in pursuance thereof;… shall be the supreme law of the land; and the judges in every state shall be bound thereby… The Senators and Representatives and members of the State legislature, and all executive and judicial officers of the United States and the several States, shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” The Constitution of the united States of America, Article VI, Cl 2, 3.
“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.
” An officer who acts in violation of the constitution ceases to represent the government”. Brookfield Const. Co. v. Stewart, 284 F. Supp.94.
Martin Luther King, Jr.’s comment in his famous letter from Birmingham Jail: “One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.”
Declaration of Independence, “…whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government…,”
To disregard Constitutional law, and to violate the same, creates a sure liability upon the one involved:
Cooper v. Aaron, By Chief Justice Earl Warren
No state, legislator, executive or judicial officer can “War” against (or test the limitations of) the Constitution without violating their undertaking to support it (Breach of Oath/Contract, Treason??). The Constitution created a government dedicated to equal justice under law. The Fourteenth Amendment embodied and emphasized that ideal…no State shall deny to any person within its jurisdiction the equal protection of the laws. Our constitutional ideal of equal justice under law is thus made a living truth. (Book, Our Nation’s Archive © 1999 pg 701)
AM14.3/HO, IR No person shall hold office if he rebels against or violates the U.S. Constitution (treason).
AM14.3/RD Congress SHALL impeach anyone who rebels against or violates the U.S. Constitution.
~ The Oath of office is a quid pro quo contract cf [U.S. Const. Art. 6, Clauses 2 and 3, Davis Vs. Lawyers Surety Corporation., 459 S.W. 2nd. 655, 657., Tex. Civ. App.] in which clerks, officials, or officers of the government pledge to perform (Support and uphold the United States and state Constitutions) in return for substance (wages, perks, benefits). Proponents are subjected to the penalties and remedies for Breach of Contract, Conspiracy cf [Title 18 U.S.C., Sections 241, 242]. Treason under the Constitution at Article 3, Section 3., and Intrinsic Fraud cf [Auerbach v Samuels, 10 Utah 2nd. 152, 349 P. 2nd. 1112,1114. Alleghany Corp v Kirby., D.C.N.Y. 218 F. Supp. 164, 183., and Keeton Packing Co. v State., 437 S.W. 20, 28]. Refusing to live by their oath places them in direct violation of their oath, in every case. Violating their oath is not just cause for immediate dismissal and removal from office, it is a federal crime. Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “advocate the overthrow of our constitutional form of government” ~