Whereas Marx’s vision of homo faber becomes inoperative within social chains, Stirner’s man makes his own freedom.
The mind is its own place and in his inner life each of us lives the life of a ghostly Robinson Crusoe. People can see, hear and jolt one another’s bodies, but they are irremediably blind and deaf to the workings of one another’s minds and inoperative upon them.Gilbert Ryle
The concept that the Bill of Rights and other constitutional protections against arbitrary government are inoperative when they become inconvenient or when expediency dictates otherwise is a very dangerous doctrine and if allowed to flourish would destroy the benefit of a written Constitution and undermine the basis of our government.
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.