What is Jury Nullification?

Before the 112th Congress begins business the Constitution of the United States will be read from the podium.  From this day forward each new piece of legislation introduced in that body must cite the Constitutional authority for the bill.  Speaker of the House John Boehner, commenting on the issue spoke those famous words, “All men are created equal and endowed by their creator with certain unalienable rights that among these are life, liberty, and the pursuit of happiness.”  Beautiful words, unfortunately for Mr. Boehner they were the wrong words.  Apparently he needs to go to the third grade teacher that is teaching him American history so that he or she can explain to him the difference between the Constitution and the Declaration of Independence.

Representative Jerrold Nadler, D-NY, called the reading of the Constitution “Total Nonsense.”  Nadler went on to say that the act of reading the Constitution by the Republican Party was hypocritical as he asserts that the Republicans routinely violate the Constitution as much as the Democrats do.

The Constitution of the United States is the body of law that makes up the foundation from whence all other laws in this country derive their authority, and to try to dismiss it as anything less has to be considered a treacherous act.  To those who try to dismiss our Constitution as old, antiquated, and insignificant in today’s world, I will enlighten you as to why you are expounding the epitome of ignorance.

Every day a state or federal policy or law is challenged in a court and through the appeals process each challenge can be brought to the level of the Supreme Court.  This is when the Justices on the court pull out that old, antiquated Constitution and see if the law or policy has basis in the absolute powers and restrictions contained therein.  If the law or policy is determined to be without Constitutional authority, it cannot be enforced upon the people.

Considering the present condition of our country every citizen that can read should be reading the Constitution as in the end the authority granted to the government in the Constitution reverts back to the people.  And if the people can see this they can know their power and force the government to do exactly what they want.

You see there is an issue with the Constitution that even Mr. Boehner does not want to talk about.  And that is the right of every individual citizen to strike down any law that he or she determines to be unconstitutional.  This is called Jury Nullification.  Those in government can pass any law and their brethren and sisteren on the Supreme Court can declare that law Constitutional.  However when they try to inflict that law on a citizen, that citizen can say I refuse to obey that law as it violates my Constitutional rights.  Then in a court of law that citizen can explain to twelve other citizens how the law violates his or her rights.  Then all it takes is for one of the twelve to agree with him or her, and just like that, that law has no effect on that citizen.

0 thoughts on “What is Jury Nullification?

    1. Excuse me please.. That would be “Thank you FOR putting the coffee on.”

      Great article. One question:

      How is that done without expensive legal council?

      1. Brian, All it really takes is for the jurist to be educated in the Constitution. If I was sitting on a jury and believed the law being inflicted on the defendant was unconstitutional I would refuse to convict, and thus nullify the law. We as Americans need to educate ourselves and begin dictating what laws we will follow from the street.

  1. Ok Rick. Yes…so let’s look at it:

    I decide to challenge XYZ legislation. I research the procedure (?) initiate it myself, get a court date and then be my own council at the preliminary? And if it gets heard I then put on my Perry Mason hat and “educate” the jury?

    Not trying to be antagonistic here…just think maybe we should articulate this.

    1. I don’t think you are getting the gist of it here, Brian. The very concept of jury nullification depends on the educated juror. Any person who is not guilty simply takes the matter to trial. Even a public pretender can get you to a trial. If you are having your Constitutional rights violated by the application of the law and I, as a juror, am educated enough to see the violation, I must find you innocent and in the process, the unconstitutional law is nullified, thus jury nullification.
      I am not an attorney and will not instruct anyone as to how to present a defense in a court of law, not that I could not do so myself.
      I hope this clarifies things.

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