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2010 December 17
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"When men are brought face to face with their opponents,
forced to listen and learn and mend their ideas, they cease
to be children and savages and begin to live like civilized men.
Then only is freedom a reality, when men may voice their opinions
because they must examine their opinions." |
"Any fool can make a rule, and any fool will mind it." |
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2010 December 16
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"It 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." |
"Congress 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." |
"I 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." |
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2010 December 15
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"It 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." |
"The 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. " |
"But, 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." |
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2010 December 14
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"And 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." |
"Tis 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." |
"One 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." |
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2010 December 13
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"If someone has a gun and is trying to kill you,
it would be reasonable to shoot back with your own gun." |
"To 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." |
"This 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." |
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