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To: looscnnn
then let the judge rule whether or not the Bill of Rights can be discussed in a federal courtroom these days.

Oh, God forbid! /sarcasm

3 posted on 01/10/2007 12:48:19 PM PST by lowbridge ("I wonder if he's in touch with the critics out there, like Matt Damon, the actor" -Chris Matthews)
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To: lowbridge
then let the judge rule whether or not the Bill of Rights can be discussed in a federal courtroom these days. Oh, God forbid! /sarcasm

Legal issues are decided by the judge, not by the jury. The question of whether the law against possessing machine guns is constitutional is one the defense can raise before the judge; if they lose, they can raise it on appeal. But our system, as currently set up, does not permit juries to hear arguments on the constitutionality of laws.

23 posted on 01/10/2007 1:03:52 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: lowbridge
Actually, a Denver judge ruled exactly that in the Rick Stanely case a few years back. Rick was a nut case, but he was right on the state of the law. The judge literally instructed his lawyer that the Constitution and the Second Amendment were not to be mentioned under penalty of jail time.

So yes, not allowing people to appeal to the BoR for remedy is now part of modern "jurisprudence". Justice has nothing to do with our legal system these days...

68 posted on 01/10/2007 1:45:05 PM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
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