The purpose of the law is to establish justice, justice for all, under that unbreakable rule of law. It is to abolish anarchy, to abolish the necessity for war between brothers and fathers, for all are bound by the same law, from the legislators to the electorate. It is a law of recourse, a law of means and ways for which to maintain the rights one has without resorting to acts of war.
It can be seen in no other light than as an act of war to remove recourse. It was said, in Paine's articles 'On War', that the state of war itself was when all recourse was removed from a man, when, in that state, there was no resort to law, nor to justice, no appeal, no power by which a man could regain his rights or his life, at that moment a state of war existed between him, and whoever would take those rights from him.
Story said much the same, in the Amistad trial. The federalist papers themselves spoke of the right, and intimately cojoined duty, to maintain and use those rights of recourse. Across the decades, centuries, and millenia, those rights of recourse have been used, and reused.
Manegold of Lautenberg spoke of the rights of man, as did John of Salisbury. The redes at Runnymede spoke of the recourses, as did Blackstone's commentaries on the laws of England. Thomas Paine's 'Common Sense' spoke of recourse, as did his 'The rights of Man.'
Those rights of recourse were sovereign rights, rights that could neither be given up, nor justly taken away. it was for the removal of those rights of recourse alone that the state of war could be justified, as a matter of self-defense.
Within the notes of Justice Story is found the story of his thoughts on recourse.
But in the next place, (and it is that which would furnish a case of most difficulty and danger, though it may be fairly be presumed to be of rare occurrence,) if the Legislative, executive, and judicial departments should all concur in a gross usurpation, there is still a peaceable remedy provided by the constitution. It is the power of amendment, which may be always applied at the will of three fourths of the states. If, therefore, there should be a corrupt cooperation of three fourths of the states for permanent usurpation, (a case not to be supposed, or if supposed, differs not at all in the principle or redress from the case of a majority of a nation or state having the same intent,) the case is certainly irremediable under any known forms of the constitution. The states may now, by constitutional amendment, with few limitations, change the whole structure and powers of the government, and legalize any present excess of power. And the general right of the society in other cases to change the government at the will of the majority of the whole people, in any manner, that may suit its pleasure, is undisputed, and seems undisputable. If there be any remedy at all for the minority in such a case, it is a remedy never provided for by human institutions. It is a resort to the ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.
-- Justice Story, notes on U.S. v. Libellants of the Schooner Amistad.
Before even the start of our nation, when it was barely an inkling and the pains created by Britain could still be borne, Samuel Adams wrote:
The liberties of our Country, the freedom of our civil constitution are worth defending at all hazards: And it is our duty to defend them against all attacks. We have receiv'd them as a fair Inheritance from our worthy Ancestors: They purchas'd them for us with toil and danger and expence of treasure and blood; and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightned as it is, if we should suffer them to be wrested from us by violence without a struggle; or be cheated out of them by the artifices of false and designing men. Of the latter we are in most danger at present: Let us therefore be aware of it. Let us contemplate our forefathers and posterity; and resolve to maintain the rights bequeath'd to us from the former, for the sake of the latter. - Instead of sitting down satisfied with the efforts we have already made, which is the wish of our enemies, the necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude and perseverance. Let us remember, that "if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom." It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers in the event.
– Samuel Adams, Boston Gazette, October 14, 1771
But, yet, we have declared that the protections of the Constitution do not apply to some, that we may, by civil means, without recourse, without appeal, maintain some in prison indefinitely for the accusation, and fear of future crimes.
But who among us can guarantee that we are not felons? Who, in all this world, is not a dangerous man? Let him step forth, and I will show you a designing man in sheep's clothing.
Humanity, in and of itself is dangerous. It is a creature of force, of power, of dominion, control, of establishment of property and territory. He is a hunter, but also a healer, a steward and sometimes a wastrel. He is a saint and sinner, wrapped into one, a hope, and a horrific fear.
In this nation, we are all subject, in order for a law to be just, to the same law. The same acts, no matter who we are, must be equally illegal. The acts are what is targeted, not the person.
It does not matter who is doing the act, be it the highest executive officer, to the least prisoner in the darkest jail cell, if it is a crime, it is a crime for all.
The attainder clauses in the United States constitution equally apply to both state and federal governments. It does not matter who targets the law, only that the law is targeted. It does not matter who executes the power of that law, so long as all incidents are enforced equally. it does not matter who judges the law, so long as the law is judged equally.
The government is a creature, an incorporation of the Constitution. It can do nothing which the Constitution does not allow, and still be a legitimate entity created thereby. The moment any official steps outside of those bounds, they are not acting under that constitution, and may be treated as any other offender.
One cannot break the law... to enforce the law.
`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 its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.’ `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…’ `No one is bound to obey an unconstitutional law and no courts are bound to enforce it.’” 16 American Jurisprudence, 2nd Edition, section 177.
"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
Even the state constitution may not be altered to give an unequal burden of law to any person within the state.
All states are institutions, created by and under that constitution, restricted from the original powers, and established as incorporated entities under new obligations, and new restrictions. All counties, cities, municipalities, are equally bound. No incorporated entity can go beyond the purposes of its original corporation. They may not subcontract outside of those boundaries.
Those boundaries forbid the taking of any property, including the property of rights, without just recompense. For the property involved in the life of the person, there is no just recompense. For the property in the liberty, and in the right to property and right to have rights itself, there is no just recompense.
Those are things that are irrevocably the individual's, and well within the individual's right to defend.
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