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Old 03-05-2007, 12:39 PM
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Default The Supreme Court

Quote:
Originally Posted by Jake";p=&quot View Post

USSC

The USSC has evolved over 200 years as america's monarch - but unlike the UK, with real, unanswerable power.
But, if Americans were knowledgeable about their own legal system, they would know that the USSC is not the final authority on law - the citizen is, through jury nullification. So, there is a limit on their power. Judges don't want people to know this, because they obviously lose power as a result, but that is precisely what the Founders intended:

"It is not only [the juror's] right, but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court." - John Adams, 1771

".....it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact." - Thomas Jefferson, "Notes on Virginia," 1782

"Another apprehension [about the French Revolution] is, that a majority cannot be induced to adopt the trial by jury; and I consider that as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution...." - Thomas Jefferson, Letter to Tom Paine, 1789

"It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision.....you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy." - Supreme Court Chief Justice John Jay, Georgia v. Brailsford, 1794

"Jurors should acquit, even against the judge's instruction...if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong." - Alexander Hamilton, 1804

"Petty juries, consisting usually of twelve men, attend courts to try matters of fact in civil causes, and to decide both the law and the fact in criminal prosecutions. The decision of a petty jury is called a verdict." - Noah Webster, Dictionary of the English Language, 1828

"If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence...If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision." - 4th Circuit Court of Appeals, United States v. Moylan, 1969

"[The jury has an] unreviewable and irreversible power...to acquit in disregard of the instructions on the law given by the trial judge...The pages of history shine on instances of the jury's exercise of its prerogative to disregard uncontradicted evidence and instructions of the judge; for example, acquittals under the fugitive slave law." - D.C. Circuit Court of Appeals, Unites States v. Dougherty, 1972

"The jury has the power to bring a verdict in the teeth of both the law and the facts." - Justice Oliver Wendell Holmes, Horning v. District of Columbia, 1920

"It is universally conceded that a verdict of acquittal, although rendered against the instructions of the judge, is final, and cannot be set aside; and consequently that the jury have the legal power to decide for themselves the law involved in the general issues of guilty or not guilty." - Justices Gray and Shiras, Sparf and Hansen v. United States, 1894, dissent

http://www.crfc.org/americanjury/nullification.html

http://www.fija.org


Quote:
Consider what a king is: he rules for life, he's not democratically elected, and he has ultimate power - just like the USSC.
But some authoritarian aspects are part of a republic - and that's what we are - a republic and not a democracy. I understand your point, but the issue is Americans recognizing their own powers in our Constitutional system and fighting for their rights. As Jefferson said, "If a nation expects to be ignorant and free, it expects what never was and never will be." If your population consists of ignorant retards, your form of government really doesn't matter. It will ALWAYS eventually degenerate into tyranny. And we're well on our way...

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This court should be changed so that the members serve for say ten years, not till they're drooling and alzheimic.
I wouldn't disagree with limiting their power further. Although I think making impeaching them easier would keep them in line better. We definitely need a way to remove them from the bench.

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Their decisions should be able to be overridden by congress - say with a 75% supermajority.
I wouldn't disagree with that either, except maybe make the supermajority requirement a little higher - 90%. Maybe even require a unanimous vote. Sometimes Congress can get pretty loopy themselves. EDIT - Sometimes? What am I saying? Let me correct myself - MOST of the time...

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All their trappings of demigodhood - the USSC "temple" building, their religious-like robes, should be prohibited by law.
Now I definitely like that. I'd love to see the robes go. I think it does stem from a religious ritual mentality.
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