http://www.lysanderspooner.org/BIB.htm
I ran across this site posted in another thread. Spooners writings, especially on jury nullification, tie in so close to what we have discussed here, thought you might enjoy reading some of his material. Spooner was a very strict constitutionalist and wrote a lot about the usurpation of power by our federal government before, during and after the civil war. On the jury matter his main points are:
1. Juries must be made up of randomly selected members of the people at large.
2. The courts must take the people who are drawn and must not disqualify them for any reason.
3. The jury must hear all facts in the case. The courts should not have the power to say what facts will be permitted or not.
4. The jury not only has the right but also the duty to judge of both the facts of the case and the law.
All of this is to afford the people a means of protecting their liberties. According to Spooner, this was the way our trials were held prior to 1851. Subsequent to that the courts changed the procedures in order to get a higher conviction rate. It seems that the juries were refusing to convict or uphold the black codes.
It is interesting to note Spooner’s opinion on the 2nd amendment. To him, taking up arms for a just cause was not only reasonable, but necessary and yes, to Spooner there was no doubt that the 2nd was an individual right. This with the power of the jury was our backbone of maintaining our freedoms.
In another paper he argues that our government does not have the power to control vices, ie alcohol, drugs, gambling, etc. He explains far better than I can, what I have referred to as victimless crimes.
Have fun,
Richard
------------------
Richard
The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
I ran across this site posted in another thread. Spooners writings, especially on jury nullification, tie in so close to what we have discussed here, thought you might enjoy reading some of his material. Spooner was a very strict constitutionalist and wrote a lot about the usurpation of power by our federal government before, during and after the civil war. On the jury matter his main points are:
1. Juries must be made up of randomly selected members of the people at large.
2. The courts must take the people who are drawn and must not disqualify them for any reason.
3. The jury must hear all facts in the case. The courts should not have the power to say what facts will be permitted or not.
4. The jury not only has the right but also the duty to judge of both the facts of the case and the law.
All of this is to afford the people a means of protecting their liberties. According to Spooner, this was the way our trials were held prior to 1851. Subsequent to that the courts changed the procedures in order to get a higher conviction rate. It seems that the juries were refusing to convict or uphold the black codes.
It is interesting to note Spooner’s opinion on the 2nd amendment. To him, taking up arms for a just cause was not only reasonable, but necessary and yes, to Spooner there was no doubt that the 2nd was an individual right. This with the power of the jury was our backbone of maintaining our freedoms.
In another paper he argues that our government does not have the power to control vices, ie alcohol, drugs, gambling, etc. He explains far better than I can, what I have referred to as victimless crimes.
Have fun,
Richard
------------------
Richard
The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!