[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Utopian Visionaries Who Won’t Leave People Alone

No - no - no Ain'T going To get away with iT

Pete Buttplug's Butt Plugger Trying to Turn Kids into Faggots

Mark Levin: I'm sick and tired of these attacks

Questioning the Big Bang

James Webb Data Contradicts the Big Bang

Pssst! Don't tell the creationists, but scientists don't have a clue how life began

A fine romance: how humans and chimps just couldn't let go

Early humans had sex with chimps

O’Keefe dons bulletproof vest to extract undercover journalist from NGO camp.

Biblical Contradictions (Alleged)

Catholic Church Praising Lucifer

Raising the Knife

One Of The HARDEST Videos I Had To Make..

Houthi rebels' attack severely damages a Belize-flagged ship in key strait leading to the Red Sea (British Ship)

Chinese Illegal Alien. I'm here for the moneuy

Red Tides Plague Gulf Beaches

Tucker Carlson calls out Nikki Haley, Ben Shapiro, and every other person calling for war:

{Are there 7 Deadly Sins?} I’ve heard people refer to the “7 Deadly Sins,” but I haven’t been able to find that sort of list in Scripture.

Abomination of Desolation | THEORY, BIBLE STUDY

Bible Help

Libertysflame Database Updated

Crush EVERYONE with the Alien Gambit!

Vladimir Putin tells Tucker Carlson US should stop arming Ukraine to end war

Putin hints Moscow and Washington in back-channel talks in revealing Tucker Carlson interview

Trump accuses Fulton County DA Fani Willis of lying in court response to Roman's motion

Mandatory anti-white racism at Disney.

Iceland Volcano Erupts For Third Time In 2 Months, State Of Emergency Declared

Tucker Carlson Interview with Vladamir Putin

How will Ar Mageddon / WW III End?

What on EARTH is going on in Acts 16:11? New Discovery!

2023 Hottest in over 120 Million Years

2024 and beyond in prophecy

Questions

This Speech Just Broke the Internet

This AMAZING Math Formula Will Teach You About God!

The GOSPEL of the ALIENS | Fallen Angels | Giants | Anunnaki

The IMAGE of the BEAST Revealed (REV 13) - WARNING: Not for Everyone

WEF Calls for AI to Replace Voters: ‘Why Do We Need Elections?’

The OCCULT Burger king EXPOSED

PANERA BREAD Antichrist message EXPOSED

The OCCULT Cheesecake Factory EXPOSED

Satanist And Witches Encounter The Cross

History and Beliefs of the Waldensians

Rome’s Persecution of the Bible

Evolutionists, You’ve Been Caught Lying About Fossils

Raw Streets of NYC Migrant Crisis that they don't show on Tv

Meet DarkBERT - AI Model Trained On DARK WEB

[NEW!] Jaw-dropping 666 Discovery Utterly Proves the King James Bible is God's Preserved Word

ALERT!!! THE MOST IMPORTANT INFORMATION WILL SOON BE POSTED HERE


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: The Logic of Constitutional Republican Government
Source: [None]
URL Source: [None]
Published: Jun 28, 2015
Author: Jon Roland
Post Date: 2015-06-28 05:02:51 by tpaine
Keywords: None
Views: 321

The Logic of Constitutional Republican Government Marbury v. Madison, 5 U.S. 137 (1803)

Address:www.constitution.org/ussc/005- http://137jr.htm">www.constitution.org/ussc/005-137jr.htm ^

| 11/6/03 | Jon Roland Posted on 11/6/2003, 3:01:38 PM by tpaine

The Logic of Constitutional Republican Government

The logic of constitutional republican government is that everyone, not just the courts, and not just public officials, has the duty to enforce the law, and, where conflicts in the law arise, resolve those conflicts and apply the correct law.

When one of the laws in conflict is the constitution, then the duty is of constitutional review, which is only judicial review when it is judges that happen to do it. It is not an exclusive power of the courts. It is a duty of everyone subject to the Constitution.

So what happens if the Supreme Court rules in a case that a statute is unconstitutional, but the Congress or the President disagrees with them? They are bound to respect the decision in that case, unless they have strong enough conviction of the wrongness of the decision to refuse to abide by it, but the ruling does not remove the statute from the books. It could still be enforced by the Executive in other cases. But the Court is indicating by its decision that it will not enforce the statute in other cases, and that any attempt to do so by the other branches will not be productive. Confronted with that refusal by the Judiciary to enforce, it is to be expected that the Executive will stop trying to enforce it, and the Congress will stop trying to fund it. It takes all three branches to cooperate in establishing and enforcing a law, and the refusal of any one of them defeats the effort.

The same principle extends to civilians. If jurors refuse to convict under a criminal statute that at least one of them considers to be unconstitutional, then the enforcement of the act fails, and it becomes a dead letter. If the required majority of the jury in a civil case fail to support the plaintiff in an action authorized by law, then that law becomes moot.

This also points to the conclusion that under a constitutional requirement for unanimous verdicts of twelve jurors in criminal trials, if the objective is to have a 50 percent chance of a prosecution succeeding in obtaining a guilty verdict, and the jury is selected at random from the population, then there needs to be at least 94 percent support for the criminal statute in the community. If there is not, then mathematically there is a better than 50 percent chance that in a random jury of twelve at least one of them will disagree with the law enough to refuse to convict someone of violating it. The choice of a jury size of twelve is not an accident of history.

As it happens, human societies have historically had an average of about six percent of their populations who were disposed to delinquency if not disciplined by the other 94 percent, who tend by nature to not engage in delinquent behavior even without the sanction of law. However, whenever a majority of less than 94 percent has attempted to impose its morality on the remainder by criminal laws, the result has, in general, been counterproductive and even destructive of social cohesion and respect for law and lawmaking. This indicates that a constitution should require that any criminal laws be passed by a legislative majority of at least 94 percent.

Excerpted from Jon Rolands comments on Marbury v. Madison, 5 U.S. 137 (1803)

Post Comment   Private Reply   Ignore Thread  


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com