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Jury Nullification | 11 Feb 2013

-Jury Nullification in Edwin Vieira’s “The Sword And Sovereignty”

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In his review of Edwin Vieira’s newest book The Sword And Sovereignty, Nelson Hultberg highlihgts Vieira’s discussion in Chapter One of the fallacy that the Court is the final arbiter of what the law is.

A Review of Edwin Vieira’s The Sword And Sovereignty

One of the most profound parts of the book is its explanation in Chapter One of the present day fallacy of “judicial supremacy,” showing how the Supreme Court is not the ultimate judge of “what the law is.” Congress stands above the Court and may stipulate how the Judges are to interpret the laws. But most importantly, the People stand above Congress, for they are the creators of Congress via the Constitution. WE THE PEOPLE rule in America, not congressional despots and judicial oligarchs.

As the famous eighteenth century jurist, Sir William Blackstone, observed in Commentaries on the Laws of England, “whenever a question arises between the society at large and any magistrate vested with powers originally delegated by that society, it must be decided by the voice of the society itself: there is not upon earth any other tribunal to resort to.”Thus the salvation of America must come with reassertion of the citizens’ fundamental right to decide the ultimate issues of their lives. Through political techniques such as nullification on the part of juries and state governments the overweening excesses of today’s Federal Government and its bureaucratic thugs can be brought to heel.

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