The following article is pages 37-38 in a series taught by Mike Smith, Pastor, Country Bible Church, Brenham, Texas. Mike is a regular weekly guest on the Dr. Jim Talk Show streamed live to the internet via the Brettell Broadcasting Network.


I believe the arrest and incarceration of Mrs. Kim Davis this Thursday was a historic event that may well mark the beginning of open Christian persecution in what was once the land of the free.

A federal judge’s decision to jail Davis after she refused to issue marriage certificates to same-sex couples gives further proof of a “criminalization of Christianity.” –Franklin Graham

“When the Church forsakes truth, the collapse of Christianity within a country is the natural result. And that is exactly what is happening before our very eyes here in the United States… if America’s spiritual and civil leaders continue to walk the current path, not only will we see the collapse of Christianity in America, but the collapse of America itself.” –Chuck Baldwin, The Collapse of Christianity in America

The problem is that government officials are using judicial tyranny to deny Christians their God given 1st Amendment right to exercise their religion (i.e. – their faith).

First we’ll take a look at some relevant facts:

“In a free society, people do not require constitutional authority to act, Government does.”

This means that before anyone in government can act, there must be a Constitutional law that authorizes their action. Any action taken that is not based on law is called TYRANNY.

So under what law was clerk Kim Davis arrested and put in jail for Thursday?

Show me the law! What specific law did Mrs. Davis violate?

Where is the law?????

What law mandates Mrs. Davis to issue a marriage license to people of the same sex?


Test to see if any “so-called” law was properly ratified and enacted by Congress who makes laws, and also check to make sure it is Constitutional, moral, righteous, right and the truth.

The Kentucky governor, district attorney, judges, and lawyers are acting as if the recent Supreme Court decision on same-sex marriage gives them authority to enforce it as if it were law. They are trying to teach us that what the Supreme Court says is the law of the land. WRONG!

Supreme Court “decisions” ARE NOT LAW!

Neither Judges nor Justices can lawfully make a law! Court decisions are not law! They are binding only to those who are parties to a case and concerns only the particulars of that case. Those judges and Justices are operating outside the law which makes them OUTLAWS.

“In the ordinary use of language, it will hardly be contended that the decisions of Courts constitute laws. They are, at most, only evidence of what the laws are; AND NOT OF THEM-SELVES LAWS, Swift v. Tyson [16 Peter 1, 18 (1842)].”

Justice Story stated this when speaking for the unanimous SCOTUS.

Can a policy, rule, or law be made to turn a Supreme Court decision into a law?

NO! Not without a Constitutional Amendment.

Article 1, Section 1: All legislative powers herein shall be vested in the Congress of the United State.

“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, 491 (1966)]


But how do government officials still act when there is no law to support their actions. They use their title of authority to validate their unjust and unconstitutional actions.

It is not holding title of authority that makes authority legitimate or lawful. What makes it lawful is how it is administered. A tyrant’s authority may be undeniable, but it is not legitimate because he uses it apart from the law and usually to oppress people.

So if a government official cannot Show Us The Law, we do not have to submit.

But what if they have a law to support their action but the law is unjust?

Any “law” that is immoral, unjust, or unconstitutional is NOT LAW and is therefore null and void.

All laws that are repugnant to the Constitution are null and void.  —SCOTUS 1803 Marbury vs. Madison

An unconstitutional act is not law, it confers no rights, imposes no duties, affords no protection, it creates no office, it is in legal contemplation as inoperative as if it had never been passed.  –Norton vs. Shelby County, 118 US 425, p.442

No one is bound to obey an unconstitutional law and no court is bound to enforce it.  –16 Am Jur 2d sec. 177

Mrs. Davis was arrested and put in jail for exercising her 1st Amendment God given right. Is that lawful? NO!

“The claim and exercise of a constitutional right cannot be converted into a crime.”  –Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]

“There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”  –[Sherar vs. Cullen, 481 F. 2d 946 (1973)]

“Mrs. Davis’s decision brought down the wrath of militant LGBT activists and their supporters. ‘They told my husband they were going to burn us down while we slept in our home’, she said. ‘He’s been told that he would be beaten up and tied up and made to watch them rape me. I have been told that gays should kill me.’”  –AP

“The mainstream media and the activists have been ruthless. They’ve portrayed her as a monster – a right-wing, homophobic hypocrite. She’s been smeared by tabloid-style reports on her checkered past. They’ve written extensively about her failed marriages.

“’I’m just a vessel God has chosen for this time and this place’, she said. ‘I’m no different than any other Christian. It was my appointed time to stand, and their time will come.’”   –Todd Starnes, Fox News, Dave Dabenmire

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