Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: savedbygrace
Nullification applies just as much in other states, including Pennsylvania. Article I of the Constitution of the Commonwealth of Pennsylvania states in Section 6: "Trial by jury shall be as heretofore (emphasis mine), and the right thereof remain inviolate." Section 25 states: "To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate." Taken together, these two sections mean that juries shall have the powers that they had "Heretofore." i. e. when the Constitution was adopted.

So by your own source, to extent that the "right" of jury nullification exists Pennsylvania, it does so by virtue of an explicit provision of the state constitution. Not the United States Constitution, not the Tenth Amendment.

You should have read your source, it shot down your position.

346 posted on 03/12/2003 6:45:41 PM PST by Roscoe
[ Post Reply | Private Reply | To 331 | View Replies ]


To: Roscoe
Not at all. The right belongs to the people unless the state takes the power from them. The PA Constitution doesn't do that.

The USCC has made it clear that the people retain the right to jury nullification. That would trump the state constitution if the state constitution declared that the people did not have the right. But it doesn't, and none others do either.

You can't cite any source for your position, so you misrepresent the facts about jury nullification instead. Where are your sources?

349 posted on 03/12/2003 6:53:23 PM PST by savedbygrace
[ Post Reply | Private Reply | To 346 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson