Quote:
The White House is nearing an agreement with Congress on legislation that would write
President Bush's warrantless surveillance program into law, the Senate Judiciary Committee chairman said Sunday.
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Lots of caselaw on this point:
"No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16th American Jurisprudence 2nd edition, Sec 177, late 2nd, Sec 256.
"All laws which are repugnant to the Constitution are null and void." - Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803).
?Where rights secured by the Federal Constitution are involved, there can be no rule-making or legislation which would abrogate them?. Miranda vs. Arizona, 384 US 436 p. 491
"An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton vs. Shelby County, 118 US 425 p. 442