ALL PRECEDENTS ARE UNDER THE CONTROUL OF THE PRINCIPLES OF THE LAW... No Acts of Parliament can establish such a writ [writ of assistance enabling British search of homes for no reason]: : it would be void, 'AN ACT AGAINST THE CONSTITUTION IS VOID.' Vid. Viner. But : special writs may be granted on oath and probable suspicion.
About this quote
- What does it mean?
- Parliamentary acts contradicting constitutional principles are void. Precedents must follow core law.
- In plain terms
- Laws against the constitution are invalid.
- What can you take from it?
- Unconstitutional acts are void.
Where it applies
Putting it to work
Questions to consider
- What makes a law valid?
- Who guards the constitution?
Another view
It relies on abstract principles over existing statutes.
More from James Otis
Ubi libertas ibi patria
Permalink to quote #2 ... [Slave] trade : is the most shocking violation of the law of nature, has a direct tendency to diminish : liberty, and makes every dealer in it a tyrant, fr…
Permalink to quote #4 An act against the Constitution is void; an act against natural equity is void.
Permalink to quote #1
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