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To: Roscoe
C'mon, Libertarians aren't wiser than Madison. Even arguing that they're wiser than Pee Wee Herman would be a stretch

Libertarians learned from Madison and Jefferson that every power needed to have a check. This is the basic design of our constitutional order.

The juries right to nullify bad law (stupid,unconstitutional, unfair) is just that "check" thing against the power of the legislature. Jury trial was assiduously preserved in the constitution for just that reason. It was their intention that juries should enforce the constitution, to determine what laws were unconstitutional and check the legislative branch (Federal or state).

The judiciary took the job on for itself in an 1803 case but that did not eliminate the juries right to do likewise.

433 posted on 03/15/2003 8:01:34 AM PST by Mike4Freedom (Freedom is the one thing that you cannot have unless you grant it to everyone else.)
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To: Mike4Freedom
It was their intention that juries should enforce the constitution, to determine what laws were unconstitutional and check the legislative branch (Federal or state).

Ignorant nonsense.

"The Sixth Amendment calls for a jury trial in criminal cases and the Seventh for a jury trial in civil cases at common law where the value in controversy shall exceed $20. This court has ruled that consistently with those amendments trial by jury may be modified by a state or abolished altogether. Walker v. Sauvinet, 92 U.S. 90 ; Maxwell v. Dow, 176 U.S. 581 , 20 S.Ct. 448, 494; New York Central R.R. Co. v. White, 243 U.S. 188, 208 , 37 S.Ct. 247, L.R.A.1917D, 1, Ann. Cas.1917D, 629; Wagner Electric Co. v. Lyndon, 262 U.S. 226, 232 , 43 S.Ct. 589, 591."

United States Supreme Court, PALKO v. STATE OF CONNECTICUT, 302 U.S. 319 (1937)


434 posted on 03/15/2003 11:38:02 AM PST by Roscoe
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