"The jury has a right to judge both the law as well as the fact in controversy."
John Jay, 1st Chief Justice
United States supreme Court, 1789
"The jury has the right to determine both the law and the facts."
Samuel Chase, U.S. supreme Court Justice,
1796, Signer of the unanimous Declaration
"the jury has the power to bring a verdict in the teeth of both law and fact."
Oliver Wendell Holmes,
U.S. supreme Court Justice, 1902
"The law itself is on trial quite as much as the cause which is to be decided."
Harlan F. Stone, 12th Chief Justice
U.S. supreme Court, 1941
"The pages of history shine on instance of the jury's exercise of its prerogative to disregard instructions of the judge..."
U.S.vs Dougherty, 473 F 2nd 113, 1139, (1972)
LAW OF THE LAND
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement.
It is impossible for a law which violates the Constitution to be valid. This is succintly stated as follows:
"All laws which are repugnant to the Constitution are null and void. "
Marbury vs Madison, 5 US (2 Cranch) 137, 174, 176, (1803)
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them quot;
Miranda vs Arizona, 384 US 436 p. 491.
"An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."
Norton vs Shelby County118 US 425 p.442
"The general rule is that an unconstitutional statute, though having the form and the name of law, in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it."
16th American Jurisprudence 2d, Section 177
late 2nd, Section 256
CWRWinger posted on 2004-01-05 19:03:30 ET