A Quote by David Hume
Every court of criminal justice must have the power of correcting the greatest and dangerous of all abuses of the forms of law - that of the protracted imprisonment of the accused, untried, perhaps not intended ever to be tried, it may be, not informed of the nature of the charge against him, or the name of the accuser.
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There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
The law isn't justice. It's a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be.
No person shall be restrained of his liberty but by regular process from a court of justice, authorized by a general law. . . . On complaint of an unlawful imprisonment to any judge whatsoever, he shall have the prisoner immediately brought before him and shall discharge him if his imprisonment be unlawful. The officer in whose custody the prisoner is shall obey the order of the judge, and both judge and officer shall be responsible civilly and criminally for a failure of duty herein.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Jurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found "against the evidence," ... the English common law rests upon a bargain between the Law and the people: The jury box is where the people come into the court: The judge watches them and the people watch back. A jury is the place where the bargain is struck. The jury attends in judgment, not only upon the accused, but also upon the justice and the humanity of the Law.
The Supreme Court is about the Constitution. It is about constitutionality. It is about the law. At its bear simplest, it's about the law. It is not about the Democrat Party agenda. Because that's what it's become. The whole judiciary has become that because that's the kind of people they have put on various courts as judges, and every liberal justice on the Supreme Court is a social justice warrior first and a judge of the law second. And if they get one more, then they will have effectively corrupted the Supreme Court.
Power properly understood is nothing but the ability to achieve
purpose... one of the great problems of history is that the concepts of love and power have usually been contrasted as opposites --- polar opposites --- so that love is identified with a resignation of power, and power with a denial of love... What is needed is a realization that power without love is reckless and abusive, and love without power is sentimental and anemic. Power at its best is love implementing the demands of justice, and justice at its best is power correcting everything that stands against love.
The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of Government. But what is Government itself, but the greatest of all reflections on human nature?
What five members of the Supreme Court say the law is may be something vastly different from what Congress intended the law to be.
Power without love is reckless and abusive, and love without power is sentimental and anemic. Power at its best is love implementing the demands of justice, and justice at its best is power correcting everything that stands against love.
We have got to do a better job recognizing and correcting the errors in the system that do reflect an institutional bias in criminal justice, but what Donald Trump and I are saying is let's not have the reflex of assuming the worst of men and women in law enforcement.
The United States has held out against taking part in any of the world consensus that there should be a court of human rights or that there should be an international court of criminal justice.
I worked when I was Congress on a second chance act. We have got to do a better job recognizing and correcting the errors in the system that do reflect on institutional bias in criminal justice. But what - what - what Donald Trump and I are saying is let's not have the reflex of assuming the worst of men and women in law enforcement. We truly do believe that law enforcement is not a force for racism or division in our country.
No individual or private group or private organization has the legal power to initiate the use of physical force against other individuals or groups and to compel them to act against their own voluntary choice. Only a government holds that power. The nature of governmental action is: coercive action. The nature of political power is: the power to force obedience under threat of physical injury-the threat of property expropriation, imprisonment, or death.
It is a maxim in our law that a plaintiff must shew that he stands on a fair ground when he calls on a Court of justice to administer relief to him.
Christianity exhorted man to set himself up against Nature, but did so in the name of his spiritual and disinterested attributes. Pragmatism exhorts him to do so in the name of his practical attributes. Formerly man was divine because he had been able to acquire the concept of justice, the idea of law, the sense of God; today he is divine because he has been able to create equipment which makes him the master of matter.
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