“If you’ve relied on prior decisions of the Supreme Court you have a perfect defense for willfulness.”
U.S. v. Bishop, 412 U.S. 346
“Federal law & Supreme Court cases apply to state court cases.”
Howlett v. Rose, 496 U.S. 356 (1990)
"Jurisdiction, once challenged, cannot be assumed and must be decided."
Maine v. Thiboutot, 100 S. Ct. 250
Marbury v. Madison, 5 US 137: “The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.”
Murdock v. Penn., 319 US 105: “No state shall convert a liberty into a privilege, license it, and attach a fee to it.”
Shuttlesworth v. Birmingham, 373 US 262: “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.”
U.S. v. Bishop, 412 US 346: If you have relied on prior decisions of the supreme Court, you have the perfect defense for willfulness.
Owen v. Independence, 100 S.C.T. 1398, 445 US 622: “Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”
Scheuer v. Rhodes, 416 U.S. 232, 1974: Expounds upon Owen Byers v. U.S., 273 U.S. 28 Unlawful search and seizure. Your rights must be interpreted in favor of the citizen.
Boyd v. U.S., 116 U.S. 616: “The court is to protect against any encroachment of Constitutionally secured liberties.”
Miranda v. Arizona, 384 U.S. 436: “Where rights secured by the Constitution are involved, there can be no rule making or legislation, which would abrogate them.”
Norton v. Shelby County, 118 U.S. 425: “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”
Miller v. U.S., 230 F.2d. 486, 489: “The claim and exercise of a Constitutional right cannot be converted into a crime.”
Brady v. U.S., 397 U.S. 742, 748: “Waivers of Constitutional Rights, not only must they be voluntary, they must be knowingly intelligent acts done with sufficient awareness.” “If men, through fear, fraud, or mistake, should in terms renounce or give up any natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right to freedom being a gift of ALMIGHTY GOD, it is not in the power of man to alienate this gift and voluntarily become a slave.” —Samuel Adams, 1772
United States v. Sandford, Fed. Case No.16, 221 (C.Ct.D.C. 1806): “In the early days of our Republic, ‘prosecutor’ was simply anyone who voluntarily went before the grand Jury with a complaint.”
Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958): “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.”
United States v Dougherty, 473 F.2d 1113, 1122: The court states, “...Judge Miller, joined by Judges Prettyman, Danaher And Bastian, stated that the pro se right is statutory only, and therefore (a) defendant must assert the right in order to be entitled to it and (b) in any event no reversal was required since no prejudice could be discerned” “The Government says the pro se right is statutory and subject to ‘extensive qualifications,’discerning in the decisions seven ‘factors’ on the basis of which the pro se right may be partially or entirely denied.”
“A bill of attainder is defined to be ‘a legislative Act which inflects punishment without judicial trial’”
“...where the legislative body exercises the office of judge, and assumes judicial magistracy, and pronounces on the guilt of a party without any of the forms or safeguards of a trial, and fixes the punishment.”
In re De Giacomo, (1874) 12 Blatchf. (U.S.): 391, 7 Fed. Cas No. 3,747, citing Cummings v. Missouri, (1866) 4 Wall, (U.S.) 323. US v. Will, 449 US 200,216, 101 S Ct, 471, 66 L.Ed2nd 392, 406 (1980)
Cohens v. Virginia, 19 US (6 Wheat) 264, 404, 5 L.