This AM I was in a discussion with a far left lawyer who was arguing the Supreme Court is the Supreme Law of the Land.
To counter I argued the existence of the 6th Amendment and the long history of Jury Nullification prove that the Constitution and The People are Superior to the Supreme Court on Constitutional issues.
In addition to the Jury Nullification situations current and in US history of such issues as Slavery and Prohibition, etc. I found and posted some of the following to support my argument:
Zitat"If a juror feels that the statute involved in any criminal offence is unfair, or that it infringes upon the defendant's natural god-given unalienable or constitutional rights, then it is his duty to affirm that the offending statute is really no law at all and that the violation of it is no crime at all, for no one is bound to obey an unjust law." -- Chief Justice Harlan F. Stone
Zitat"For more than six hundred years-- that is, since Magna Carta, in 1215--there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such law." --Lysander Spooner, The Right of Juries
ZitatIf the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence. -- 4th Circuit Court of Appeals, US v Moylan, 1969
ZitatEvery jury in the land is tampered with and falsely instructed by the judge when it is told that it must accept as the law that which has been given to them, or that they can decide only the facts of the case. -- Lord Denham, O'Connell v Rex (1884)
ZitatThe jury has the power to bring in a verdict in the teeth of both the law and the facts. -- Justice Holmes, Homing v District of Columbia, 138 (1920)
ZitatWhen a jury acquits a defendant even though he or she clearly appears to be guilty, the acquittal conveys significant information about community attitudes and provides a guideline for future prosecutorial discretion...Because of the high acquittal rate in prohibition cases in the 1920s and early 1930s, prohibition laws could not be enforced. The repeal of these laws is traceable to the refusal of juries to convict those accused of alcohol traffic. -- Sheflin and Van Dyke, Law and Contemporary Problems, 43, No. 4, 1980
ZitatIt is not only the juror's right, but his duty, to find the verdict according to his own best understanding, judgment and conscience, though in direct opposition to the directions of the court.-- John Adams
Et. al. Many more.
This is a issue today because of the legislators and leftist judges in the courts who are trying to force unconstitutional laws down our throats from gun control to massive 4th amendment violations. Before we have to rely on the 2nd to preserve our liberty perhaps we should now be using the 6th as much as we can to peacefully block the Government violations of our God-given rights.
All true, but only about 1% of the population understands the fact that they can over turn the charge. However, the irs has long had a policy of never ever going before a jury.
I am not a republican I am a conservative, and supporter of the rule of law. And if you do not like that too bad.