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The Remedy Is In The Law

Our Rights are violated daily and in so many ways that one could surely write a book using the list of the different ways in which government abuses its authority. But as someone once said, “Sure you may believe that you have Rights, but if you don’t know your Rights then you don’t have any.” That statement is true because any Right that is not asserted by the citizen is as if it did not exist at all. When interacting with government officials we too easy acquiesce and accept that they have the power over us and that therefore we must obey.

“The people are the government, administering it by their agents; they are the government, the sovereign power.” – Andrew Jackson

How easily we forget that they are the public servants and that the Constitution being the supreme law of the land was put in place specifically to limit government’s power over we the people. Actions taken by government, even when done so under “legal” statute, code or regulation can be “unlawful” if the statute, code or regulation either violates or does not conform to the Supreme Law of the Land.

“The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” - Marbury v. Madison, 5 US 137.

Additionally, “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 42

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436 p. 491

Constitutional Right – A right guaranteed to the citizens by the Constitution and so guaranteed as to prevent legislative interference therewith. - Delaney v. Plunkett, 146 Ga. 547, 91 S. E. 561, 567, L. R. A. 1917D, 926, Ann. Cas. 1917E, 685. – Black’s Law Dictionary, 3rd Edition

The Constitution is a legal binding contract between the government and its employer (the American people). The U. S. Supreme Court was right when it said, "The Constitution is a written instrument and as such its meaning does not alter, that which it meant when it was adopted, it means now!" U.S. vs. South Carolina (1905)

And so whenever you believe your constitutionally protected Rights have been violated by some government official acting under color of law, the remedy can be found within the law in Section 1983 of Title 42 of the U.S. Federal Code which provides the means by which a citizen, whose Rights have been violated, can sue a government official(s) for monetary damages (and that may also include punitive damages).

42 U.S. Code § 1983 - Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.