I love it when law enforcement puts its own foot in its mouth. OK, the sheriff told me he was a Constitutionalist but yet he enforces unconstitutional laws, or more correctly, allows his deputies to do so. Maybe I am being to hard on the guy. Maybe he doesn’t understand the whole concept of due process. But wait a minute, isn’t it his duty to understand what he has sworn an oath to uphold ?
The other day at the Kershaw County Court House I was told by a deputy that he would defend every part of the Constitution but in the same conversation he told me that if I was so naive as to think I could walk into a court room and exercise a Constitutional right and the judge was to say, “contempt” this same officer would incarcerate me without due process. What ? Wait a minute. Am I missing something here ?
OK, I guess I should explain due process. It starts with an injured victim who then files a complaint. Once ‘probable cause’ (You know, the accused probably caused the injury) is determined a warrent is issued (A warrant attested to by the accuser). Oh yeah, then comes search and seizure, not before. Then there is that whole speedy trial by jury of your peers thing. Then, and only then, if the jury (People who today have their 13th Amendment rights trashed and are threatened if they wish to refrain from involuntary servitude) finds you guilty you can be incarcerated. Well, only if the offense warrants jail.
So, the question is, “What gives a judge the right to subvert the Constitutional right of due process and put you in jail ?”. Well uh, nothing. He is not above the law. So how did we, and especially this officer who “will defend the Constitution to the letter” get conned into thinking he is ? Good question.
“The claim and exercise of a Constitutional right cannot be converted into a crime.” Miller v. U.S. Hey, the sheriff told me if the Supreme Court said it he would abide by it. The jury is definately still out on this one.
So, if you find yourself being forced into involuntary servitude and asked to convict someone of an unConstitutional law you may want to practice jury nullification. If a law is unConstitutional you cannot find someone guilty of it as it cannot exist. “Any law that is repugnant to the Constitution is null and void of law” Marbury v. Madison, 5 us 137.