Unconstitutional

Much hype goes into soliciting this or that congressperson to vote for or against this or that bill.  We think, “If only enough of us contact our representative he or she will do our will. If only . . . If only . . ."

And what of the will of those who dissent to our opinion?

We are encouraged to flood our representatives with phone calls, e-mails and letters to influence their vote for or against a controversial bill that we may happen to like, or dislike. 

If the majority is unhappy with the voting record of the representative, they are replaced. Back and forth the pendulum swings, left and then right again, over and over, constantly dissatisfied, until we arrive here, at this dilemma -- a government so dangerously out of the People's control and commandeered by corporate interests, that it the American People have been disconnected from the ideal of individual freedom and plugged into a public surrogate.

Rather than contacting a representative to coerce their vote for or against a bill you may like or dislike, would it not be wise and prudent to explain to the lawmaker your understanding of the grounds of why the measure being proposed is unconstitutional? 

And what if they pass it anyway?  Are you going to honor the vote if the bill is truly contrary to the constitution?

We all have a duty not to obey an unconstitutional law. Here is why:  One may only challenge an unconstitutional law if one has standing. One can only acquire standing one has been damaged by a law. In other words, if an unconstitutional law has been or is being unlawfully enforced against you, you can challenge the validity of the law. Otherwise, you may not. 

An unconstitutional law, like hot ice, is an oxymoron, it is not law.  If a purported law cannot pass constitutional muster, such "law" is "ultra vires" (beyond the limit of power) thereby imposing no duty or obligation and is binding on no one. Why then do many adhere to unconstitutional acts, presuming that servants can circumvent the constitution, that agents can defy their master?  They cannot as their oath of office forbids it.  Anything done by a public servant contrary to the constitution is void because it is done beyond the limits and boundaries of the rightful exercise of the power granted to them by their king.

If an unconstitutional law is passed, it is critical that we understand why it is unconstitutional, and then rather than indulge lawmakers by conforming to their unlawful behavior, we must  rather simply choose not to obey. If enough of us understand, and we do this in mass, the People will reign supreme.