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To: tpaine
The author, imo, -- 'buries' his points

That is my impression also. I think it is the "academic" thing.

Do you know if the author even addresses the role of juries in setting constitutional precedence?

I do not. Are you referring to "jury nullification?"

Hank

24 posted on 04/10/2004 1:05:47 PM PDT by Hank Kerchief
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To: Hank Kerchief
Fine.. I too can agree:
"that if a constitution contains adequate procedures to protect these natural rights, it can be legitimate even if it was not consented to by everyone; --

But object that if:
"-- any restriction on the rightful exercise of liberty is unconstitutional unless and until the government convinces a hierarchy of judges that such restrictions are both necessary and proper --- "

-- As it is not only up to the judges, -- but to fully informed juries of our peers to decide if our liberties are unconstitutionally restricted, in the particular case at hand.

--- All trials should be held under a "Presumption of Liberty" doctrine, which really could "provide a practical way to restore the lost Constitution."

Do you know if the author even addresses the role of juries in setting constitutional precedence?
10 tpaine

That is my impression also. I think it is the "academic" thing.

I see the 'burying' as an subtle effort to make a fairly radical point without getting called out.

Do you know if the author even addresses the role of juries in setting constitutional precedence?

I do not. Are you referring to "jury nullification?"

More than simple nullification.
I see it as a major fault in our system of checks/balances that jury's are not allowed to judge the constitutionality of the law in the case before them. --
And, -- if a jury does nullify in order to acquit, -- its judgment on the law in the case should not be questioned by higher courts.

Judicial review should only apply to convictions.
This method would rapidly build a body of precedent on the constitutionality of laws as viewed by our peers, -- not as viewed by our so-called 'professional jurists'.

34 posted on 04/10/2004 3:32:54 PM PDT by tpaine (In their arrogance, a few infinitely shrewd imbeciles attempt to lay down the 'law' for all of us.)
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