’ve had several conversations lately about the need to obey unconstitutional acts. Claims that the public needs to obey executive orders and that decisions from the Supreme Court are the supreme law have become common on my social media and other channels. This raises an interesting question: do the American people have a legal responsibility to follow unconstitutional laws and acts?
Not according to one of our Founding Fathers and the United States Supreme Court. There are consequences of blindly following the illegal acts of others, including thinking they are laws we need to obey.
Our National Anthem ends by asking, “Does that star-spangled banner yet wave, O’er the land of the free and the home of the brave?” Well, the flag still waves, but I have to wonder if we are still the land of the free and the home of the brave.
Lately, more and more people have been telling me that we are bound to follow unconstitutional acts. They claim the American people need to follow executive orders and Supreme Court decisions. But is that what the actual law says?
One of our Founding Fathers not only said that unconstitutional acts were void but that suggesting otherwise was as crazy as saying that a deputy ruled over their principal or that the servant was above their master. While courts once understood the supremacy of the Constitution, also deciding that unconstitutional acts were void, today, most Americans not only believe they must follow the dictates of government, void or not, but few even know how many unconstitutional acts they are following every day.
If we do not know what the supreme law is, how can we tell when it is violated? How can we determine if a law, rule, regulation, or opinion is void if we haven’t studied the basis for that decision? How can we call ourselves the home of the brave if most of us are afraid to stand up and live free?
