Unconstitutional Ordinances

by Kerry Thomas

August 19, 2003

Gregg Walker of the Lakeland Times hit it out of the ballpark August 19 with his analysis of the Minocqua sign ordinance. But he didn't go quite far enough. There is a more fundamental question that needs to be answered, namely, what legal power does any community have to tell it's citizens what they can do with their own property, or with whom they can freely transact business?

America's founding documents, the Declaration of Independence and the Constitution, spell out the powers that We, the People, have granted to our governments. Our several States have all recognized these documents as the basis for our Laws, and have adopted their own State Constitutions, as well.

When did We, the people, grant to our public servants the power to tell us with whom we can transact business, or in what manner we may do so?

If you own a piece of property and someone offers to pay you to allow them to put a sign on your property, the two of you should be able to negotiate a deal without the interference of a government bureaucrat. The Uniform Commercial Clause codifies this principle, and as long as the two of you are not engaged in an illegal activity, you are free to conduct your business. Other people are free to either read your sign or not, to heed the advertisement on your sign or to ignore it. If your sign design offends people, they are free to not do business with you as a result. If your creative sign atracts people to your business, that's what it's supposed to do. If the color scheme of your building offends people, they can choose not do business with you. If your color scheme is pleasing to people, they can choose to do business with you.

It's called Freedom.

In America, all legal powers granted to any government body must be specific in law. On the federal level, these powers are spelled out in Article 1, Section 8 of our Constitution. Other powers granted lesser government bodies are spelled out in other state constitutions and community charters. In America, We, the People retain powers and rights not specifically granted our governments, unlike communist countries, where all powers lie with the all-knowing paternalistic State.

At least that's the way it's supposed to work.

We have allowed our public servants to enact practices which appear to be laws, but which have no basis in law. We have allowed judges to make rulings and issue orders which have no basis in law. We have allowed our Rights to be usurped withour our consent, under the guise of law. According to the Supreme Court "All laws which are repugnant to the Constitution are null and void." "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 imoperative as though it had never been passed." "No one is bound to obey an unconstitutional law and no courts are bound to enforce it."

A representative republic requires active participation by it's Citizens in the governance of their affairs. We must be ever vigillant to safeguard and secure our rights against those who would illegally usurp them from us.