Essay on the Trial By Jury by Lysander Spooner
page 24 of 350 (06%)
page 24 of 350 (06%)
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answered in the affirmative.
The only principle upon which these questions are asked, is this that no man shall be allowed to serve as juror, unless he be ready to enforce any enactment of the government, however cruel or tyrannical it may be. What is such a jury good for, as a protection against the tyranny of the government? A jury like that is palpably nothing but, a mere tool of oppression in the hands of the government. A trial by such a jury is really a trial by the government itself and not a trial by the country because it is a trial only by men specially selected by the government for their readiness to enforce its own tyrannical measures. If that be the true principle of the trial by jury, the trial is utterly worthless as a security to liberty. The Czar might, with perfect safety to his authority, introduce the trial by jury into Russia, if he could but be permitted to select his jurors from those who were ready to maintain his laws, without regard to their injustice. This example is sufficient to show that the very pith of the trial by jury, as a safeguard to liberty, consists in the jurors being taken indiscriminately from the whole people, and in their right to hold invalid all laws which they think unjust. [2] The executive has a qualified veto upon the passage of laws, in most of our governments, and an absolute veto, in all of them, upon the execution of any laws which he deems unconstitutional; because his oath to support the constitution (as he understands it) |
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