In the United States the simple path of law has been subverted through a web of complexity. It has become so complex that a lone man or woman has little chance of asserting and getting recognition in court of their rights as outlined in the American Constitution. There is no instruction book. Lawyers are not trained to utilized simple and rightful means to aid a client. For most people, hiring competent and moral representation is financially out of the question.
One of the oldest rulings by the Supreme Court is known as MARBURY VS. MADISON, 5 U.S. 137 (decided in 1803). It has never been reversed and is a lawful path for judicial review of facts in a case. In essence this ruling states that any law, statute, regulation, code, enactment, etc. that is repugnant or a violation of the American Constitution has no force of law ( it may have the unlawful force through usurped power and intimidation). Any law contrary to the American Constitution in ALL the individual States is a fiction or nullity as if it had never been enacted. No one is bound to abide by it and may ignore it with impunity. This is not our experience as people are ignorant of the magic process that will force the courts to recognize its own ignorance and accept a correct argument.
Unfortunately the USA is now a country of so many laws, complexities and diversions there is nearly no one who understands and is willing to work hard to develop a successful and simplified way to have accusations and indictments thrown out of court for lack of jurisdiction or evidence.
No license is necessary to exercise a right but if an all powerful government demands you have a license they will either force you or jail you to make their point. Government is supposed to be the servant of the people, not the people the servant of government.
well yes... but wouldn't you argue that freedom here in general is greater than other countries with authoritarian regimes?
I absolutely agree with you. The problem is we are rapidly moving toward totalitarianism. Aside from Congress every two years re-authorizing a continuing state of emergency we have the Patriot Act giving extraordinary powers to the Federal Government. The law of the Constitution is basically if there is no harm to person or property there is no crime. This has been substituted for ever increasing regulations for which an infraction can get you tossed in jail or at the very least fined or summonsed to court when there is no injury.