THE TEN PRINCIPLES OF A FREE SOCIETY - by Ron Paul
• Lew Rockwell blog1. Rights belong to individuals, not groups; they derive from our nature and can neither be granted nor taken away by government. 2. All peaceful, voluntary economic and social associations are permitted; consent is the basis of the social and eco
Concerning:
8. Jury nullification, that is, the right of jurors to judge the law as well as the facts, is a right of the people and the courtroom norm.
The authors of the Declaration of Independence refer to "consent of the governed". Those authors at that time were petitioning a Sovereign King. In the Declaration of Rights the Louisiana State Constitution, it is stated . . .
All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and for the good of the whole.
This is the first sentence in the Lousiana State Declaration of Rights.
Note that the DoI's "consent of the governed" has become "will of the people".
In Federalist Paper 78, Hamilton argues that the courts are a referee between the legislature and the people. The courts are to assure that the legislature does not substitute its will for that of the people.
Of course, if the legislature is not supposed to substitute its will for that of the people, neither is the court itself.
In the supremacy clause, the Constitution itself, legislation and treaties are the supreme law of the land. (Justice Marshall reads the Constitution this way in Marbury v Madison.) Court rulings are not on that list, somewhat affirming Hamilton's stated position in FP 78.
The Jury checks both the judicial and the legislative branch. A jury verdict (should, in theory) affirm or reject the application of a particular law in a particular case.
It is the last opportunity of the people to express their will in the arch of due process, which begins with legislation passed in pursuance of the constitution and ends (potentially) in the imposition of the legislatively prescribed penalty.
In Portugal (according to The Best of Imus, 12/30/2011), all drug use has been decriminalized. The rate of drug abuse has not changed in that country. But the attendant violence and corruption has been diminished greatly.
An article here on freedomsphoenix.com had the headline "Jury Refuses to Convict Anybody on Drug Use". Jury members have to live on the streets with the drive by shootings and other crimes. Jury members do not receive briefcases full of cash to look the other way. In acting to promote their own welfare, they point the way to promote the general welfare.