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Title: Tom Woods: Media blacking out "Nullification" book
Source: [None]
URL Source: http://www.youtube.com/watch?v=fXF-CIjkjPo
Published: Apr 5, 2011
Author: RidleyReport.com
Post Date: 2011-04-05 20:26:16 by RidleyReport
Keywords: None
Views: 990
Comments: 12

http://www.youtube.com/watch?v=fXF-CIjkjPo

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Begin Trace Mode for Comment # 6.

#2. To: Original_Intent, christine, farmfriend, Lod, Artisan, Jethro Tull (#0)

deleted

Eric Stratton  posted on  2011-04-05   20:34:11 ET  Reply   Untrace   Trace   Private Reply  

no, but recently there was a raid on the home of an old man whos a JN activist. i forget his name. The case of the ron paul supporter who sued dhs after being arrested for filming the same guys arrest made international news when dhs settled the suit.

Artisan  posted on  2011-04-06   18:03:07 ET  Reply   Untrace   Trace   Private Reply  

My simplistic take is that the jury has the responsibility and the duty to judge first the constitutionality of the law, and then the facts of the case that they are hearing.

KISS

Lod  posted on  2011-04-06   18:38:37 ET  Reply   Untrace   Trace   Private Reply  

#7. To: Lod (#6)

i agree. but it seems most people unfortunately cant or dont want to serve on juries because it interferes with their legitimate need for income.

Artisan  posted on  2011-04-06 18:42:46 ET  Reply   Untrace   Trace   Private Reply  

My simplistic take is that the jury has the responsibility and the duty to judge first the constitutionality of the law, and then the facts of the case that they are hearing.

Chief Justice John Jay, addressing the jury in one of the first trials in the history of the Supreme Court (1794 and yes, the Supreme Court conducted jury trials then), Georgia v. Brailsford said this:

"...It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt, you will pay that respect, which is due to the opinion of the court: For, as on the one hand, it is presumed, that juries are the best judges of facts; it is, on the other hand, presumbable, that the court are the best judges of the law. But still both objects are lawfully, within your power of decision..."

The most famous nullification case is the 1735 trial of John Peter Zenger, charged with printing seditious libels of the Governor of the Colony of New York, William Cosby. Despite the fact that Zenger clearly printed the alleged libels (the only issue the court said the jury was free to decide, as the court deemed the truth or falsity of the statements to be irrelevant), the jury nonetheless returned a verdict of "Not Guilty."

Jury nullification appeared at other times in our history when the government has tried to enforce morally repugnant or unpopular laws. In the early 1800s, nullification was practiced in cases brought under the Alien and Sedition Act. In the mid 1800s, northern juries practiced nullification in prosecutions brought against individuals accused of harboring slaves in violation of the Fugitive Slave Laws. And in the Prohibition Era of the 1930s, many juries practiced nullification in prosecutions brought against individuals accused of violating alcohol control laws.

More recent examples of nullification might include acquittals of "mercy killers," including Dr. Jack Kevorkian, and minor drug offenders.

James Deffenbach  posted on  2011-04-06 19:02:41 ET  Reply   Untrace   Trace   Private Reply  

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