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To: The Old Hoosier
"It is not the place of a jury to decide constitutionality. Not according to the constitution, anyway."

It is emphatically the place of the jury both to judge the law and the facts. The Supreme Court itself has said so.

"The judge cannot direct a verdict it is true, and the jury has the power to bring in a verdict in the teeth of both law and facts." Mr. Justice Holmes, for the majority in Horning v. District of Columbia, 254 U.S. 135, 138 (1920).

And you're quite wrong on the Constitutional point as well. The Constitution does not restrict citizens, it restricts government. And it says that people have a right to trial by jury, which implicates a right for the jury to decide facts and law. You seem to be under the very mistaken impression that if the Constitution does not allow it, it is prohibited. This has never been an accepted construction of our constitution.
10 posted on 01/08/2004 6:28:26 AM PST by Henrietta
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To: Henrietta
And it says that people have a right to trial by jury, which implicates a right for the jury to decide facts and law.

So, in each and every trial, each and every jury has the right to decide the "constitutionality" of every law used to indict the accused?

LOL!!!!

13 posted on 01/08/2004 6:33:10 AM PST by sinkspur (Adopt a shelter dog or cat! You'll save one life, and maybe two!)
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