The Real Due Process.

"The Fourteenth Amendment, in declaring that no State 'shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws,' undoubtedly intended . . . that equal protection and security should be given to all [and] they should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts...."

- U.S. Supreme Court Justice Steven Field, Barbier v. Connolly, 113 U.S. 27, 35 (1885)


Due Process is a term that is difficult to define. Many courts have tried to define it, to create tests to measure it, and show equality in it.

But, if you look at it, and think about it, Due Process is a rather simple concept.

The base version of Due Process is that it has a beginning, a middle, and an end.

All three parts are equally important. Without any of those three elements, there would be a violation of Due Process.

This leads us to the question of:

"Where is the beginning of Due Process?"

When this country was created, it was done so with the understanding that the government drew it's power from the permissions of it's citizens.

As the source of the sovereignty, we have a right to have our legislation passed in accordance to the social contract created with the Constitution.

Every time that a law is passed outside of the original construction methods that the Constitution lays out, our Due Process rights are being violated.

The Legislative Branch does in fact have the ability to suspend our rights for a time. That leads us to an understanding of the two types of Due Process.

Procedural Due Process

"Procedurally, due process prescribes the manner in which the government may deprive persons of their life, liberty, or property. In short, the procedural guarantees of due process entitle litigants to fair process." Excerpt from TheFreeDictionary.com

To take that quote and to think about it leads one to understand that our Procedural Due Process rights guarantee us that our rights will only be suspended by certain methods.

Procedural Due Process is the method by which the government can suspend our rights for a time.

Substantive Due Process

"Substantively, the Due Process Clauses of the Fifth and Fourteenth Amendments protect persons from legislation infringing on certain individual rights. Such individual rights may be expressly enumerated in a constitutional provision, as are the liberties that are enumerated in the Bill of Rights and have been incorporated into the Due Process Clause of the Fourteenth Amendment."

"These unenumerated rights have been derived from Supreme Court precedent, common law, history, and moral philosophy. Such rights, the Court said, "represent the very essence of ordered liberty" and embody "principles of justice so rooted in the traditions and conscience of our people as to be ranked fundamental" (Palko v. Connecticut, 302 U.S. 319, 58 S. Ct. 149, 82 L. Ed. 288 [1937])" Excerpt from TheFreeDictionary.com

Substantive Due Process is the safeguards against encroachment of our rights by the government.

Now we can explore the idea of:

"Where is the 'middle' in Due Process?"

The "middle" in Due Process is the breaking of a law, and the beginning of the Court process.

This is the portion that most people try to define when talking about Due Process.

Here is where people mix up the idea of "Due Process OF law" vs. "Due Process IN law."

"Due Process OF law" is the entirety of Law.

"Due Process IN law" is merely in the Court Room.

And lastly:

"Where is the 'end' in Due Process?"

The 'end' in Due Process is exactly that, the end of a courts sentence on a person.

The finality of a sentence. The completion.

Without that end in a sentence, not only is our Due Process rights violated, but we are put into a form of Involuntary Servitude.

To recap, Due Process has a beginning, a middle, and an end. It is very limited in it's allowance of suspension of rights, and exponential in it's protection of rights.

A simple concept to understand, but a hard one to put into practice.

Until you know where the boundaries are...

The Nature Of 'Political Power' And What It Means To The Average Joe

Many State Constitutions around the Country say that "All political power is inherent in the people."

To show it a little more in depth, the Washington State Constitution states in Article One, Section One:

"All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights."

So as I look at this section of my State Constitution, I try to understand the concepts that are wrapped up in it's language.

All political power is INHERENT in the people.

Before there was a Government, the political powers resided in the people. These powers are so ingrained in who we are as a country that they were written into our constitutions. As our constitution was written, it was these powers that gave it the strength to set us aside from other countries.

Governments derive their just powers from the consent of the governed.

Without the people agreeing to being governed, our government would cease to exist. The government holds no power that we do not give it, or agree to.

Governments... are established to protect and maintain individual rights.

We the people, using our authority as sovereigns, created a government that was to "protect and maintain our individual rights." Our population was getting big enough that we created a government to help protect us, and to make sure that our rights were maintained. They were to be maintained not only from the usurpation of others citizens, but also from the laws created, as well as in the court system.

It is the constitution that defines and assigns the powers that the government enjoys. It was the sovereignty of the people that gave that constitution power.

Without the consent of the governed, the government has no power.

So here is a question:

If all political power is inherent in the people, and governments derive their "just powers" from the consent of the governed, then what happens when they don't "protect and maintain individual rights?"

Our government is starting to believe that "it" is the sovereign. They have forgotten in their greed and corruption that it is us that gave them any power to begin with.

Remember, YOU are a sovereign. Does that mean that you have the right to take other sovereigns powers? NO. It just means that when it comes to political power, it comes from you, not the government.

I write this article in the hopes of teaching my fellow citizens about the nature of political power. With the understanding of that nature, you are better suited to help protect not only your own powers, but the powers of your friends, family, and neighbors as well.

When faced with a problem, without action, there can be no solution.

Bill of Attainder Revisited.

A long time ago, I wrote a piece on Bills of Attainder. It was 14 pages long.

This time, I'm going to keep it short, sweet, and too the point.

I've learned a lot in the last almost two years.

So here goes...



A Bill of Attainder boils down to one key component.

It is any legislation passed in which the legislators assume your guilt without you having ever gone to trial. They then proscribe your punishment in their law.

For example, some states have DUI Registries. It is assumed (and sometimes backed up with studies) that you (the DUI criminal) will commit your crime again. So, since you are guilty of a future offense of driving under the influence, then you must submit to having your name plastered all across the land.

Or, in Hawaii, if you are merely charged with a crime, their Sheriff's website will put you up on their front page. Doesn't matter if you are found not guilty, they still have you up on the internet as presumed guilty.

The easiest way to argue the "punishment" aspect of Bills of Attainder is to realize that our Rights, inalienable as they are, once removed, constitutes punishment. To take someones God given right, is punishment in and of itself. It doesn't matter if the "law" is Civil in nature, or Criminal in nature. The removal of an enjoyment of rights is a punishment.

The other part of Bills of Attainder that needs to be slightly clarified is the area of "targeted legislation."

It is stated in the US Constitution that we are to have Equal Protection. Any legislation that targets and singles out an individual, or an easily ascertainable group of individuals, and creates a law different for them versus the rest of society, is a Bill of Attainder.

Remember, I am not a lawyer. I am a student of the Constitution. IF you feel that there is action that needs to be taken, please consult a Lawyer for guidance.

Oath of Office and Affirmations.

In the Constitution of the United States, there is a clause that says "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." (Article VI, paragraph 3)

According to the dictionary, an Oath is:

"Any type of attestation by which an individual signifies that he or she is bound in conscience to perform a particular act truthfully and faithfully; a solemn declaration of truth or obligation.

An individual's appeal to God to witness the truth of what he or she is saying or a pledge to do something enforced by the individual's responsibility to answer to God.

Similarly an affirmation is a solemn and formal declaration that a statement is true; however, an affirmation includes no reference to God so it can be made by someone who does not believe in God or by an individual who has conscientious objections against swearing to God. Provisions in state statutes or constitutions ordinarily allow affirmations to be made as alternatives to oaths.

In order for an oath to be legally effective, it must be administered by a public official. The law creating each public office and describing the duties of the official ordinarily indicates who is authorized to administer the oath of office. A spoken oath is generally sufficient; however, a written and signed oath can be required by law."

And the Oath they must take is: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God." (This is the Congressional Oath of Office. Different positions require different wording, but the idea is the same.)

Everyone that swears an oath (or affirmation) swore to uphold the Constitution. They didn't swear to uphold the laws that are written, but to uphold the Constitution. That means in making the law, the enforcement of that law, and how that law is used in Court.

When someone breaks, or violates their Oath, there are strong and serious consequences for that.

A Congressperson can be removed from office, a lawyer dis-barred, and a Judge pulled from his/her bench and dis-barred as well as all of their cases being suspect.

The Code in each State has different punishments for violating the Oath of Office for State Government workers. But the US Code is universal enough to be shown here.

5 US 7731 Section 8(5) says: "Knowing membership with the specific intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group, or combination of persons (hereinafter referred to as organizations) which unlawfully advocates or practices the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States or of any State, or which seeks to overthrow the Government of the United States or any State or subdivision thereof by unlawful means."

So when anyone (Congress, Judges, Lawyers, etc.) helps to deprive citizens of their rights guaranteed by the Constitution of the United States through force, or coercion, is violating not only their Oath of Office, but the US Code as well. If they are waging war on the Constitution by their actions, they are violating this section as well.

The punishment for Congress for waging war on the Constitution (and thus the US Government) is found in a different section.

18 U.S.C. § 1918 says: "Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia." (The conditions of who this applies to can be read at the link given.)

And another consequence for violating 7731 is a Civil Suit under 1983 law.

When an Unconstitutional law is passed by Congress, upheld in court by the Judges and the Lawyers, the consequences for those actions are fairly strong. Lawyers are dis-barred, Judges impeached, and Congress people are removed from office and never allowed to hold office again.

Charges of Oath of Office are a serious thing. And not to be brought about without some serious facts to back it up.

And lastly, please remember, I am not a Lawyer. This is not legal advice, but merely my understanding of things that I found in the Constitution. If you wish to use this information, please consult a Lawyer.

Stigma- The Antithesis of Liberty

stig·ma

(stĭg'mə)

1. A mark or token of infamy, disgrace, or reproach: "Party affiliation has never been more casual . . . The stigmata of decay are everywhere" (Arthur M. Schlesinger, Jr.) See Synonyms at stain.

2. Archaic A mark burned into the skin of a criminal or slave; a brand.

Token of Infamy, Disgrace, Reproach, a Brand.

All of these are tools to keep the "criminal" from interacting with the rest of society. Criminals are a hated group of society, but one group of criminals brings out the animalistic nature of humans.

Sex Offenders.

Stigma is so heavily attached to sex offenders that a mere accusation is enough to raise the hackles of most people.

Why is this important? Stigma removes Liberty.

lib·er·ty  /ˈlɪbərti/ Show Spelled Pronunciation [lib-er-tee]

1 :the quality or state of being free: a : the power to do as one pleases b : freedom from physical restraint c : freedom from arbitrary or despotic control d : the positive enjoyment of various social, political, or economic rights and privileges e : the power of choice


"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." --Declaration of Independence


Life, Liberty, and the Pursuit of Happiness are endowed by our Creator. That means that they cannot be taken away.

When Stigma is present, Liberty cannot exist.

To argue that Stigma is removing Liberty, you must meet the "Stigma Plus" rule. More than just mere reputation must be lost with the Stigma. Such as employment or property of some sort.

Once you meet that requirement, you have proven that Liberty is lost due to Stigma. At that point, suits under 1983 and the 14th Amendment become applicable.

Stigma is created by the lies told. A majority of sex offenders do not recidivate. The numbers that do, float between 3-5% depending on the study. The general public feels that sex offenders are monsters that if given a chance, will do the unthinkable again.

The numbers don't lie.

Yet Stigma still remains.

Peonage, A form of Slavery

A page from LectLaw:

"INVOLUNTARY SERVITUDE & PEONAGE - a condition of compulsory service or labor performed by one person, against his will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against him.

In considering whether service or labor was performed by someone against his will or involuntarily, it makes no difference that the person may have initially agreed, voluntarily, to render the service or perform the work. If a person willingly begins work but later desires to withdraw and is then forced to remain and perform work against his will, his service becomes involuntary. Also, whether a person is paid a salary or a wage is not determinative of the question as to whether that person has been held in involuntary servitude. In other words, if a person is forced to labor against his will, his service is involuntary even though he is paid for his work.

However, it is necessary to prove that the person knowingly and willfully took action, by way of force, threats, intimidation or other form of coercion, causing the victim to reasonably believe that he had no way to avoid continued service, that he was confronted by the existence of a superior and overpowering authority, constantly threatening to the extent that his will was completely subjugated.

Title 18, U.S.C., Sec. 1584, makes it a Federal crime or offense for anyone to willfully hold another person in involuntary servitude.

A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

First: That the person held the victim in a condition of 'involuntary servitude';

Second: That such holding was for a 'term,'; and

Third: That the person acted knowingly and willfully.

It must be shown that a person held to involuntary servitude was so held for a 'term.' It is not necessary, however, that any specific period of time be proved so long as the 'term' of the involuntary service was not wholly insubstantial or insignificant.

Title 18, U.S.C., Sec. 1581(a) is the peonage law cited in the indictment.

The specific facts which must be proved beyond a reasonable doubt in order to establish the offense of peonage include each and all of the three specific factual elements constituting involuntary servitude as previously stated and explained in these instructions, plus a fourth specific fact; namely, that the involuntary servitude was compelled by the person in order to satisfy a real or imagined debt regardless of amount. "

This was the entire page on Peonage from LectLaw. I copied it here, because to have paraphrased it would have brought an injustice to this work.


How is peonage important to offenders you might ask? Simple.

When an offender is sentenced, they sign their name on the "guilty" line and form a contract with the State. When that sentence is over, the offenders debt to that state is complete. But what happens when the state takes a portion of that "contract" and continually changes it, thus changing the contract.

The offender then no longer has the ability to complete the contract, and, is forced to do things not previously agreed upon.

Also, if this wasn't disclosed to the offender at the time of signing (the ever changing nature of the contract that is), the contract becomes null and void.

Contract Law states:

"Full Disclosure n. the need in business transactions to tell the "whole truth" about any matter which the other party should know in deciding to buy or contract. In real estate sales in many states there is a full disclosure form which must be filled out and signed under penalty of perjury for knowingly falsifying or concealing any significant fact."

If the Court did not fully disclose the nature of your sentence to you, and all the definitions of each portion of your sentencing, then that contract can be viewed as void. (Contract law would be tough to go into and make it easy to understand. Do a word search for Unconscionable.)

And for those that think that sentencing (plea bargains) are not contracts, please read this.

So, if your contract is now null and void, but you have no recourse, you are now suffering from peonage. Why? Because if you don't conform to the new contract, you will be thrown in jail. Coercion. Did the Legislators "knowingly" make a new law to make things tougher for you?

I'll leave that one for you to decide.

Is There "Corruption of Blood" Working in America?

"The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person." --Article 1, Section 3 US Constitution

"In English law, the result of attainder, in that the attainted person lost all rights to inherit land or other hereditaments from an ancestor, to retain possession of such property and to transfer any property rights to anyone, including heirs, by virtue of his or her conviction for treason or a felony punishable by death, because the law considered the person's blood tainted by the crime.

Attainder and the consequent corruption of the blood were abolished by English statutes and are virtually unknown in the United States." --Answers.com

"...Because the Law considered the person's blood tainted by the crime." This phrase can be used on any convicted Felon. The Bureau of Justice Statistics states that as of 2007, one in thirty-one adults are on probation, parole, or in prison.

If the Law considers your "blood" tainted because of your crime, then that taint will effect your children and family as well. These people are the "heirs" to whatever potential you may have had. Does this excuse a crime committed? No.

Once a sentence has run it's course, the person is supposed to return to full citizen status. Today, stigma is attached to being a Felon. This stigma reduces your ability to find employment, a home, and build a positive life. The stigma (taint) of your crime has now turned you into a "second class citizen."

Your family, they will struggle with this for the rest of their lives. Your children will be affected by this through their most impressionable years.

Treason used to be the only crime that Corruption of Blood used to be an after effect of. Now, anything classified as a felony will attaint you with Corruption of Blood.

This stigma now removes many of the rights you were given under the Constitution of the United States of America. No longer are you allowed to vote, own a gun, or be eligible to serve this country in the Military. All of these rights (or their removal) will effect your family.

Collateral Damage is now acceptable in the United States. People say "If you can't do the time, don't do the crime." But I would challenge anyone out there to find me someone that knew what the social stigma would be before his sentencing. The true punishment doesn't become apparent until long after your sentence has run it's course.

Collateral Damage is a polite way of saying that your family is under Corruption of Blood.

Don't like it, then speak up to your legislators.

The Eulogy of The United States of America

In the beginning, The United States of America was a bastion of hope. In her borders, people were given the chance to be free of oppressive governments. Free to believe and worship as their souls dictated.

The Founding Fathers wrote up her indoctrination articles. In them, they hammered out the ideas, and the concepts that would shape and mold this young Nation into a beacon to the world.

Each time they met at a Constitutional Conference, prayer was given. Not to say that the Christian Faith that they held was to be the universal religion, but to show that these men believed in a higher power than themselves.

Through this prayer, our Constitution was born.

With this Constitution, our Nation was given life. This life was to offer the people of the world a chance to say "Enough." To this end, we opened our borders to anyone that wanted Freedom. And this freedom was stamped out in our Bill of Rights. That "All Men were Created Equal!" From these "men," a few were chosen to be our voice. Chosen to speak on our behalf.

Congress was called to represent the people. They were to be "of the people, by they people, and for the people." These Congresspeople knew their responsibilities, and took them seriously.

Commerce was established. Ideas were brought forth. And shortly after her inception, America was a force to be reckoned with.

We accepted other nations as they were, but we showed through our efforts that certain behaviors would not be tolerated. We went to War on numerous occasions.

Through our union with our old brethren, we were able to defeat the threat from the East, as well as the threat from Europe. We abhorred the ideals set forth by Germany's leadership. We set out to right the wrongs committed by them.

No more would we allow men and women to be denied their "unalienable rights" in this world. The United Nations, using ideals from our nation, drafted The Universal Declaration of Human Rights.

We even stopped the segregation that was happening within our own borders. We opened the minds of our own citizens to stop the hatred. Our people would be free, and equal!

Through our struggles to enlighten, we forced ourselves to continue to practice these ideals around the globe. Attempting to bring peace to all nations.

America has been a great nation to call home.

But, like in all things human; greed, complacency, apathy, and struggles for power ended up corrupting those that were supposed to be "for the people."

We quietly allowed our rights to be removed. Our Liberty was given up. The ideal that to remove someones rights was to also remove our own was gone. Still, the greed that consumed those in power continued to grow. The poison was leeching into the very minds of the backbone of our nation.

Justice no longer meant what it was spelled out to mean. Now, the more money you had, the more "justice" you received. In the end, her peoples were no longer "innocent until proven guilty," but "guilty until proven innocent."

Soon, the people no longer mattered in their opinions. Those in power began to tell the people, through the media, what they would think.

In the end, the very safeguards built into the Constitution, were utterly ignored. To the point that men ordained to the highest office were quoted as saying that our Constitution was but a "G.D. piece of paper!"

The ideals, the sacredness of the trust given, and the faith of the people were let down. No longer did a person have to be a natural born citizen to become the Nations President.

This President has ushered in a new Nation. This new nation no longer believes in the Republic she once was. This new nation breathes Socialism into her peoples.

Dead are the old ways. Dead is the Constitution. Dead are the Scales of Justice. The Great Nation known as The United States of America has finally fallen.

Fallen because of an attack from within.

Stare Decisis's Role in Today's Political Climate

STARE DECISIS is "to stand by that which is decided." The principle that the precedent decisions are to be followed by the courts.

The concept of Stare Decisis is fairly simple. If you have a defined set of laws, and a court ruling tries to define one of those laws to a more finite level, it sets a precedence outside of the original definition of the Law. It is easily understood if you check out these diagrams, and can visually see the progression that takes place.

When you understand how Stare Decisis can pervert the Judicial system, one then asks the question of how to fix it? The only way to truly set things “right” would be to find one of the more controversial laws from the past that helped to create a precedence setting ruling, and fight it on a Due Process and Stare Decisis basis.

The other question that can be asked is “How did this happen?” The answer to that question lies in the people elected to office that set these laws up. In my article “Adjournment Sine Die” I discuss this briefly. Not to mention that when Congress passes 10's upon thousands of new Legislation every year, The Supreme Court can't keep up with the caseload of deciding Constitutionality. So, until someone comes alone to challenge it, Congress gets to pass it as law. And, if no one challenges it, it sets precedence for the creation of new laws that are even more erroneous.

This has come about most strongly in the 20^th century. There has been a major push to create precedence for setting the Government up as the ONLY ruling body in the country.

This of course goes against everything the Constitution was created for. It is “For the people, by the people” and through the people that this Government is given it's power. The Constitution, and even the Federalist Papers talk about the power being the peoples and not the Government. There is even mention that the Government is null and void if the citizens rights are ever taken away. This too was discussed previously.

So, I ask: if our Rights are continuously being removed, if Congress is continuously creating legislation that is outside of it's authority, if the Judicial branch isn't ruling against these injustices, how are we supposed to set things right? How do we as citizens get the Government to pay attention to our wishes?

The only way left to us. We stand up and tell them that no longer are we going to sit idly by. No longer are we going to take the abuse. Each of us needs to educate our neighbor. We need the people to cry out long and hard. And only then will the Government listen. Only then can we effect the “change” that we have been asking for for so many years now.

Ask your Congress person to stick to the Constitution. Ask them to stop the insanity that plagues our Political Climate. Ask them to stop the use of Stare Decisis. Ask them to uphold the Constitution that they are sworn to protect.

How much longer must we suffer these injustices before we stand up and fight? How much longer do we have before we no longer have a way to turn it around? How much longer are you willing to wait?

A Series on the Loss of Rights: Due Process

"Due process (more fully due process of law) is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights. In the laws of the United States (U.S.), this principle gives individuals a varying ability to enforce their rights against alleged violations thereof by governments. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty. The latter interpretation is analogous to the concepts of natural justice and procedural justice used in various other jurisdictions."

There are two kinds of "Due Process", Procedural and Substantive. Procedural is the process by which things are done. Due process by procedures. Substantive on the other hand, are the rights given by the Constitution that are byproducts of the Bill of Rights.

Most everything you read these days is geared towards protecting your established rights. What you don't read about is the establishing of those rights.

Congress in it's near limitless power in creating a new law, often takes it upon themselves to use a House Rule to pass laws and not follow the Constitutional processes.

For example, the Senate is to have a Quorum when creating major legislation. In the definition of a Quorum, the Senate "presumes" that a Quorum is present unless someone calls for a roll call. Basically meaning that 1, 2, 5, or so people could be present to pass legislation. And unless one of those people is dumb enough to ask for a roll call vote, they can pass any legislation they want to. Couple that with Adjournment Sine Die, you get a Congress that does what it wants, when it wants, without the benefit of checks and balances.

Congress is supposed to have a quorum present (51%) when creating or passing major pieces of legislation. Congress is supposed to close it's doors at the end of their season. The Senate IS NOT to create legislation, they are to be the "cooling plate" for the House of Representatives.

So here's the question of the day. If Congress uses the House Rules to pass major legislation, are they following Procedural Due Process in the creation of laws? If they are not, are those laws considered to be Constitutional? Should they be "re-argued" with a true Quorum present? Are they completing their sworn duty to uphold the Constitution in the creation of these laws? Are our rights as citizens under the Constitution being protected when they create laws this way?

Judicial Nullification and It's Implications

Judicial Nullification is a right of the Judges to nullify a law if they feel it is to harsh (even the manditory minimums) for the situtation it is being applied to.

Although it is highly frowned upon, Judicial Nullification is allowed in our Judicial System. There is a test to see if nullification is acceptable in a case:

"Let us deploy this two pronged test, derived from the intuition that the wrongness of any governmental action can always be explained either as a violation of rights or a disservice to the public good. If it is wrong for courts to nullify the law, then nullification must either violate one or more background moral rights held by particular citizens (i.e., rights that are independent of positive law [16]) or else it must have on balance bad consequences for the public weal."

So, if it violates a Civil Right, or it is not in the best interest of the public good, then the nullification is illegal.

Judicial Nullification, just like Jury Nullification, isn't widely practiced in the courts these days. One, because of a lack of knowledge by the lawyers who assume the Honour and responsibility of being a Judge. Two, because these days, we see the courts siding with the legislators more and less with upholding the Constitution as it was written and the intent behind it.

As a Constitution Voter, I find it my duty to try and inform people of their rights in court, no matter what type of court, or for what circumstances they might be there for.

Judicial Nullification, Jury Nullification, two very important rights/powers to help send the legislators that we are tired of laws that steal our civil rights and seperate the Government from the people.