Share on Facebook Share on Twitter Comment on this quoteShare via Email Print this Page Daily Quotes Archives2010-12-16 Dec 16, 2010It is easy to think the State has a lot of different objects -- military, political, economic, and what not. But in a way things are much simpler than that. The State exists simply to promote and to protect the ordinary happiness of human beings in this life. A husband and wife chatting over a fire, a couple of friends having a game of darts in a pub, a man reading a book in his own room or digging in his own garden -- that is what the State is there for. And unless they are helping to increase and prolong and protect such moments, all the laws, parliaments, armies, courts, police, economics, etc., are simply a waste of time.~ C. S. LewisCongress will ever exercise their powers to levy as much money as the people can pay. They will not be restrained from direct taxes by the consideration that necessity does not require them.~ Melancton SmithI consider the foundation of the Constitution as laid on this ground: That 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people' (10th Amendment). To take a single step beyond the boundaries thus specifically drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible to any definition.~ Thomas Jefferson Dec 15, 2010It is clear in our criminal justice system that the jury has the power to nullify -- that is, the power to acquit or to convict on reduced charges despite overwhelming evidence against the defendant. ... In a criminal trial, the court cannot direct a verdict of guilty, no matter how strong the evidence. In addition, if the jury acquits, double jeopardy bars the prosecution from appealing the verdict or seeking retrial. Similarly, if the jury convicts the defendant of a less serious offense than the one charged, the prosecution cannot again try the defendant on the more serious charge. This result occurs regardless of whether the jury consciously rejects the law, embraces a merciful attitude, or is simply confused concerning the law or facts. Thus, nullification -- with or without authority, intended or not -- is part of our system.~ Anne Bowen PoulinThe power of nullification plays an important role in the criminal justice system. ... Because an accused criminal is restricted in the defenses he or she can raise, the law recognizes only certain defenses and justification, and correspondingly, limited evidence. The jury’s power to nullify provides an accommodation between the rigidity of the law and the need to hear and respond to positions that do not fit legal pigeonholes, such as claims of spousal abuse before the battered-spouse syndrome received acceptance. Jury nullification permits the jury to respond to a position that does not have the status of a legally recognized defense. The power to nullify guarantees that the jury is free to speak as the conscience of the community. ~ Anne Bowen PoulinBut, sir, the people themselves have it in their power effectually to resist usurpation, without being driven to an appeal of arms. An act of usurpation is not obligatory; it is not law; and any man may be justified in his resistance. Let him be considered as a criminal by the general government, yet only his fellow-citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congress can hurt him; and innocent they certainly will pronounce him, if the supposed law he resisted was an act of usurpation.~ Theophilus Parsons Dec 14, 2010And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.~ Samuel AdamsTis a Mistake to think this Fault [tyranny] is proper only to Monarchies; other Forms of Government are liable to it, as well as that. For where-ever the Power that is put in any hands for the Government of the People, and the Preservation of their Properties, is applied to other ends, and made use of to impoverish, harass, or subdue them to the Arbitrary and Irregular Commands of those that have it: There it presently becomes Tyranny, whether those that thus use it are one or many.~ John LockeOne of the greatest problems that we as a free people face today is that for the past 100 years trial judges in the U.S. have routinely misinformed jurors that they were bound to accept the judge’s opinion of what the law is; which law to apply; and whether or not they had to find a defendant guilty. In so doing these judges have welded shut this all important safety valve, which our Founders so wisely provided our society -- and the result has been an explosive one.~ Mike Robbins Dec 13, 2010If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.~ Dalai LamaTo secure their enjoyment, however, certain protections or barriers have been erected which serve to maintain inviolate the three primary rights of personal security, personal liberty, and private property. These may in America be said to be: 1. The bill of rights and written constitutions ... 2. The rights of bearing arms -- which with us is not limited and restrained by an arbitrary system of game laws as in England, but is particularly enjoyed by every citizen, and is among his most valuable privileges, since it furnishes the means of resisting as a freeman ought, the inroads of usurpation. 3. The right of applying to the courts of justice for the redress of injuries. ~ Henry St. George TuckerThis may be considered as the true palladium of liberty. ... The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.~ St. George Tucker Dec 10, 2010As the Founding Fathers knew well, a government that does not trust its honest, law-abiding, taxpaying citizens with the means of self-defense is not itself worthy of trust. Laws disarming honest citizens proclaim that the government is the master, not the servant of the people... The Bill of Rights does not grant rights to the people, such that its repeal would legitimately confer upon government the powers otherwise proscribed. The Bill of Rights is the list of the fundamental, inalienable rights, endowed in man by his Creator, that define what it means to be a free and independent people, the rights which must exist to ensure that government governs only with the consent of the people.~ Jeffrey R. SnyderCrime is rampant because the law-abiding, each of us, condone it, excuse it, permit it, submit to it. We permit and encourage it because we do not fight back, immediately, then and there, where it happens. Crime is not rampant because we do not have enough prisons, because judges and prosecutors are too soft, because the police are hamstrung with absurd technicalities. The defect is there, in our character. We are a nation of cowards and shirkers.~ Jeffrey R. SnyderIf you believe it reprehensible to possess the means and will to use lethal force to repel a criminal assault, how can you call upon another to do so for you?~ Jeffrey R. Snyder Previous week's quotes Next week's quotes Share on Facebook Tweet Email Print