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To: Dead Corpse
Sorry, but as long as a LAW remains in direct contravention to the Constitution it cannot be said to be Constitutional. No matter how many times the USSC says it IS.

Fine. You don't accept Marbury vs. Madison. You think each and every individual jury gets to decide the constitutionality of every single law underlying each and every case.

You won't serve on many juries.

37 posted on 01/08/2004 7:00:15 AM PST by sinkspur (Adopt a shelter dog or cat! You'll save one life, and maybe two!)
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To: sinkspur
You won't serve on many juries.

Unfortunately, you are right. The system will always work to protect itself. Even if it is completely off course and malignantly parasitic at this point.

I can hardly credit that someone with as long a posting history here at FR as you would think this is a GOOD thing.

40 posted on 01/08/2004 7:03:55 AM PST by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: sinkspur
"...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...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, presumable, that the court are the best judges of law. But still, both objects are lawfully within your power of decision."

Chief Justive John Jay charging the jury in Georgia v. Brailsford, 3 Dall 1 (1794)


91 posted on 01/08/2004 7:55:15 AM PST by Middle Man
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