Worth Dissolving

©2009 drkate

“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 un-constitutionality 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.” — 16 Am Jur 2d, Sec 177 late 2d, Sec 256

Boston Tea Party

In the “Constructive Notice of Instruction” letter Senators Durbin and Burris of Illinois were put on notice that their vote on health care would violate their oath to uphold the Constitution, as the Congress’ involvement in health care itself is unconstitutional.    Citing a provision in the Illinois State Constitution, as well as the First Amendment, the constituent who sent this letter outlined the peoples’ right to petition the federal and state government and officials for redress of grievances. In other words, Senators, you’re toast. (Photo credit here)

The health care medical records surveillance system provides unprecedented government access to every private detail of every American who seeks any medical attention and is also a violation of  privacy guaranteed under the Third and Fourth Amendments.

From every angle, the health care statute is unconstitutional. Thus, it is in reality no law, but is wholly void, and ineffective for any purpose.

The threat of a fine, or jail time, for not purchasing  the government-required health insurance is health care by extortion, and ruling people by intimidation and fear.  This is tyranny, and we are not bound to follow it.  Who’s with me?

Trying to Construct Another Wall?

Since health care is now going to be tied to income taxes, as well as other ‘fees’, it strikes me that this is another unconstitutional lie piled on top of the first one–that income taxes are constitutional.  Or ‘patriotic’ as Joe imBibin would say.

So the ‘health police’ will just be a branch of the Internal Revenue Service (IRS)…now intimidating people around health care and threatening to seize property or throw citizens in jail.  This wall of the ‘health care mandate’ is built from the same brick as the ‘income tax mandate’ wall.

The 16th Amendment was not ratified, and, the whole concept of direct taxation without apportionment was rejected by the Supreme Court early in our Republic’s history.

Alrighty then.

Both Health Care mandates and the federal income tax mandates are unconstitutional statutes, and ‘the general rule is…No one is bound to obey an unconstitutional law, and no courts are bound to enforce it.’

In order to build effective resistance to an unconstitutional governance system such as is being proposed, informed citizens, and informed jurors, are a requirement. And as soon as citizens and Jurors understand their Seventh Amendment powers, tyranny will crumble.

Deja Vu

Yes, we have been here before, at a different time in the spiral of growth and development that is America. In a must-read article, author KJ Kaufman describes the parallels between the 1760s-1770s to what is happening now:

“…the many events of the 1760’s and 1770’s to show the parallels to modern-day America…egregious regulations of commerce, taxation and usurpation of individual rights.”

It is interesting how some anti-tyranny tactics are passed along over time: there are things worth protesting and then ignoring. And how wonderful that our Founders gave us a completely constitutional way to bring about relief from tyranny.

17 Responses to “Worth Dissolving”


  1. 1 tiger7 December 22, 2009 at 8:00 am

    This is a very valid point and should be vigorously pursued. I have been extremely down on the GOP for their lack of spine in the fight to defend our country. They have reacted and focused on the “trees” to the neglect of the “forest”. This is an approach that addresses the real issue at hand—constitutionality. We the people are the ones to suffer and we should be the ones to respond. Let’s stop treating the symptoms and start treating the root problem.

  2. 2 Juliet16 December 22, 2009 at 9:46 am

    Dr. Kate,

    Are you and the readers already aware of the Reid Bill being sneakily made Un-repealable?

    Links here:

    http://www.weeklystandard.com/weblogs/TWSFP/2009/12/reid_bill_declares_future_cong_1.asp

    or here:

    http://www.redstate.com/erick/2009/12/21/we-are-no-longer-a-nation-of-laws-senate-sets-up-requirement-for-super-majority-to-ever-repeal-obamacare/

    (I apologize if this has already been posted.)

  3. 4 Dee December 22, 2009 at 2:58 pm

    I understand that Jim DeMint and John Ensign are asking for a senate vote on the constitutionality of the healthcare bill.

  4. 5 Quantum Leap December 22, 2009 at 3:48 pm

    Holy cats Juliet. I’m totally disgusted with this bunch of devil workers.
    And Patty Murphy has a petition going around the web. Tell her in no uncertain terms should anyone support this evil and costly bill. I’v been writing her comments all day long. It feels so good.
    “Patty Murray”
    She is running for re-election in WA to the Senate, so bombard her with shame-on-yous. I’m not in WA so I have no vote.

  5. 6 Quantum Leap December 22, 2009 at 3:50 pm

    What happened to her email? It disappeared.
    Try this.
    campmail@pattymurray.com

    campmail@pattymurray.com

  6. 7 Katie December 22, 2009 at 5:27 pm

    I’m sure Dr. Kate has gotten word by now, but for the rest of us here, this is sad news to report. I’m keeping Michael in my thoughts and sending him my best wishes for a full recovery…while hoping that this isn’t true!

    ________________________

    From an email apparently written by Gary Franchi, national director of Restore the Republic, and forwarded by a Campaign For Liberty activist:

    I just received word that the President of the 2009 Continental Congress and 2004 Presidential candidate for the Libertarian Party, Michael Badnarik had a Heart Attack this morning and [is] in an unconscious state. His condition is serious.

    His Mother, Elaine, reported to me that Michael was in Madison, Wisconsin attending a hearing regarding a raw milk case. After the hearing he got in a car to go to lunch with friends, He then slumped over. His friends attempted CPR and contacted the paramedics. They attempted to revive him 3 times with no success. Upon the 4th attempt his heart was revived yet with erratic behavior.

    He was taken by helicopter to Gunderson Lutheran Hospital CCU in Lacrosse, WI. Please do no call or visit the hospital, only family is allowed.

    http://www.independentpoliticalreport.com/2009/12/breaking-badnarik-reported-hospitalized-after-heart-attack/

    • 8 drkate December 22, 2009 at 9:36 pm

      All, Michael is conscious now, answering questions; not out of the woods yet. He has a broken sternum from cpr before the medics arrived; there was a malfunction in the pacemaker, I think he may have a new one. I will report more as I hear it.

      I was praying for him all day, that all our hearts would beat for him.

  7. 10 lee M. December 22, 2009 at 6:09 pm

    In times like these, when power is uppermost in some people’s minds it is very likely that the wrong sort of people will try to eradicate those who oppose them and fight for the truth. Evil people do evil deeds when they see the opposition gaining ground.

    I pray for Michael and his family.

  8. 11 Quantum Leap December 22, 2009 at 6:37 pm

    OMG-I checked the website out with the reid bill mnetioned above. It’s unconstitutional. Here’s what they say

    “i mean, we want to bind future congresses. This goes to the fundamental purpose of senate rules: to prevent a tyrannical majority from trampling the rights of the minority or of future congresses.”

  9. 12 Quantum Leap December 22, 2009 at 6:41 pm

    Yes Lee. In 2008 many of the opposition to the usurper died of mysterious heart attacks.

  10. 13 alforhill50 December 22, 2009 at 6:59 pm

    Everyone pray for our Representative Congressman Parker Griffiths from my state of AL for having the strength and patriotism to buck the democratic party and walk away because he knows and stated it was because of where this administration is trying to take our country. He changed to the Republican party today. If more democrats like him would stand up and just change parties he/she would not have to deal with being threatened and could vote their conscience. He could use some donations also. They are attempting to take away his DNC donations.

  11. 14 Juliet16 December 23, 2009 at 6:08 pm

    Dr. Kate,

    Slightly O/T, but i read a comment just now over at Politco that got me thinking….is this possible?

    *——————————————–*
    http://www.politico.com/news/stories/1209/30925_Page2.html#commentsform

    “Obama plans for health care delay, new jobs bill”
    Reply #20
    Dec. 23, 2009 – 9:55 AM EST
    Comment by Pauldia follows:

    IF The Feds Pass Health Care, The States Can Pass THIS ONE LAW and END the National Nightmare
    self | December 22, 2009 | Uncle Sham

    Posted on Tuesday, December 22, 2009 10:12:12 PM by Uncle Sham

    The feds seem hell-bent on shoving Obamacare down the throats of Americans who by a three to one margin want no part of. It’s up to the States themselves to step forward and defend their citizens from this unprecedented attack on our liberties. A “Usurper Detection Act” would be the easiest way to do this.

    Since it appears that the judicial branch is intent on abandoning it’s duty to uphold the Constitution, perhaps it’s time for the states themselves to individually pass legislation that will protect their citizens from the actions of anyone who illegally occupies the Oval office.

    There is nothing to prevent a state from passing a law requiring that the President must file his PROOF of meeting eligibility requirements with the state and that such a filing is open to public challenge in court.

    Such a law could stipulate that any legislation signed by a President who refuses or is unable to meet this requirement to file shall be declared null and void within the borders of the state. No orders affecting any of the states citizens from such a usurper would have legal standing within the borders of the state. In addition, the act could command all legislators at the national level to institute whatever legal mechanism is required to challenge the standing of such a usurper.

    It seems to me, any state-passed law that ENFORCES the Constitution would be judged as “Constitutional”. Perhaps this can be done through a ballot initiative if the legislators refuse to look into it. We do not have to WAIT until the next Presidential election to handcuff a possible usurper. This can be done NOW and immediately protect a state’s citizens from having to live with ILLEGALLY made legislation or orders.
    *——————————————–*

    So, Dr. Kate, is it possible to pass such legislation? Would it work?

  12. 15 IL.Blue December 23, 2009 at 9:06 pm

    Waiting for a response to 13 Juliet16
    December 23, 2009 at 6:08 pm

    Merry Christmas Dr, Kate and everyone here !!!🙂

    10thAmendment

  13. 16 workingclass artist December 24, 2009 at 6:26 pm

    Secede the UNION…..of course I’m from Texas But….it’s worth thinkin about…..


  1. 1 Worth Dissolving « drkatesview Federal Me Trackback on December 22, 2009 at 8:40 am
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