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Jury Nullification: How “We the People” Can Overrule the Government

Jury Nullification: How “We the People” Can Overrule the Government

by Michael Boldin | Oct 10, 2024 | Founding Principles, Jury Nullification, Trial by Jury

Trial by Jury. Thomas Jefferson considered it “the only anchor ever imagined by man by which a government can be held to the principles of its constitution.” Jury nullification makes that possible, which is why the government doesn’t want us to know, learn, or use it....
The ideas that formed the Constitution: Jean-Louis DeLolme and “We the People…”

The ideas that formed the Constitution: Jean-Louis DeLolme and “We the People…”

by Rob Natelson | Apr 24, 2023 | Constitution, Founding Principles, Preamble

Writers on the Constitution seldom mention the name of Jean-Louis DeLolme. This is unfortunate, because DeLolme’s book on the English political system significantly influenced those who participated in the constitutional debates of 1787–1790. The Constitution’s...
Patrick Henry: Jury Trials Are the “Last and Best Privilege”

Patrick Henry: Jury Trials Are the “Last and Best Privilege”

by TJ Martinell | Oct 6, 2022 | AntiFederalists, Constitution, Patrick Henry, Ratification Debates, Trial by Jury

During the Virginia ratifying convention on June 20, 1789, Patrick Henry warned that the power bestowed to the Supreme Court would undermine the right to trial by jury. Henry was a strong opponent of ratification throughout the convention. He was deeply wary of the...
How the Supreme Court Rewrote the Constitution Part VI: Crushing Civil Liberties

How the Supreme Court Rewrote the Constitution Part VI: Crushing Civil Liberties

by Rob Natelson | Mar 8, 2022 | Court Cases, History, Judiciary

The first, second, third, fourth and fifth installments  in this series traced how the Supreme Court responded to President Franklin D. Roosevelt’s efforts to break constitutional limits and create a powerful federal government. After trying to balance the demands of...
Palladium of Liberty: The Right of Trial by Jury

Palladium of Liberty: The Right of Trial by Jury

by Jacob Hornberger | Jul 31, 2020 | 5th Amendment, Jury Nullification

One of the best things that our American ancestors did was to include the right of trial by jury in the Bill of Rights. The Fifth Amendment states in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial an impartial jury...
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