antispam540
Regular Member
imported post
I've always assumed blatant and knowing violation of the Constitution was an act of treason, BUT, after re-reading said document and related materials, I can't actually find any sort of penalty or check/balance that prevents direct violations. Impeachment seems to be the only recourse of the public, and our current system has reached the point where impeachment is next to impossible.
My question is, what recourse do we have under the law to challenge unlawful orders from these public servants? Since they are not traitors until they commit an act of war against the country (which violating the trust of their public office does not seem to fulfill), how can we be justified in using force of arms to defend the Constitution against them if necessary?
For example, the declaration of martial law - can we legally resist being rounded up or our firearms confiscated under such an order?
If someone passes a law violating our 4th amendment rights (as the proposed anti-gun bill does), are we legally justified in preserving those rights through force? I want to protect myself and my rights, but I also want to make sure I'm in the right to do so if using force becomes necessary.
Also, if a politician passes a law directly in contradiction of our civil rights, and directs law enforcement to enforce it, who do we resist? Are we only able to resist / arrest law enforcement that complies with that order, or does it become legally obligatory to arrest said politician? I know a lot of us hope (and don't really think) it'll ever come to that, but recent events and news seem to make it extremely important to know exactly what our rights are, and what our course of action should be in any of these situations.
Thoughts / RCWs / USCs?
I've always assumed blatant and knowing violation of the Constitution was an act of treason, BUT, after re-reading said document and related materials, I can't actually find any sort of penalty or check/balance that prevents direct violations. Impeachment seems to be the only recourse of the public, and our current system has reached the point where impeachment is next to impossible.
My question is, what recourse do we have under the law to challenge unlawful orders from these public servants? Since they are not traitors until they commit an act of war against the country (which violating the trust of their public office does not seem to fulfill), how can we be justified in using force of arms to defend the Constitution against them if necessary?
For example, the declaration of martial law - can we legally resist being rounded up or our firearms confiscated under such an order?
If someone passes a law violating our 4th amendment rights (as the proposed anti-gun bill does), are we legally justified in preserving those rights through force? I want to protect myself and my rights, but I also want to make sure I'm in the right to do so if using force becomes necessary.
Also, if a politician passes a law directly in contradiction of our civil rights, and directs law enforcement to enforce it, who do we resist? Are we only able to resist / arrest law enforcement that complies with that order, or does it become legally obligatory to arrest said politician? I know a lot of us hope (and don't really think) it'll ever come to that, but recent events and news seem to make it extremely important to know exactly what our rights are, and what our course of action should be in any of these situations.
Thoughts / RCWs / USCs?