A Quote by Harlan F. Stone
If a juror feels that the statute involved in any criminal offence is unfair, or that it infringes upon the defendant's natural god-given unalienable or constitutional rights, then it is his duty to affirm that the offending statute is really no law at all and that the violation of it is no crime at all, for no one is bound to obey an unjust law.
Related Quotes
The interesting thing is it's outside the statute of limitations for a civil suit by Leeds. It's actually is not outside of the statute of limitations under the criminal side. Because it occurred on an airplane and federal law doesn't have a statute of limitations I know off for that particular offense.
A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.
The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.
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.
A statute that lets some wrongfully convicted individuals seek restitution but denies that right to others is an unjust and unequal application of the law.
In the law of God, there is no statute of limitations.
The very idea of law originates in men's natural rights. There is no other standard, than natural rights, by which civil law can be measured. Law has always been the name of that rule or principle of justice, which protects those rights. Thus we speak of natural law.
I am convinced that the minimum-wage law is the most anti-Negro law on our statute books in its effect, not its intent.
One who breaks an unjust law that conscience tells him is unjust ... is in reality expressing the highest respect for law ... We will not obey your evil laws.
To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law.
When it can be proved that the observance of Christmas, Whitsuntide, and other Popish festivals was ever instituted by a divine statute, we also will attend to them, but not till then. It is as much our duty to reject the traditions of men, as to observe the ordinances of the Lord. We ask concerning every rite and rubric, "Is this a law of the God of Jacob?" and if it be not clearly so, it is of no authority with us, who walk in Christian liberty.
Any law which violates the inalienable rights of man is essentially unjust and tyrannical; it is not a law at all.
If they [mexicans] cross the border, I think, and they are violating the law, then that word criminal does connect with that violation, so if they're violating the law, I guess you can call them criminals. We call everybody else criminals that violate the law.
The Supreme Court, or any court, when they make a decision, if that's a published
decision, it becomes virtually like a statute. Everybody is suppose to follow that law. Whether I decide to allow a law to become a law without my signature is simply
in effect expressing a view that while I don't particularly care for this, the Legislature passed it, it was an overwhelming.
vote, or maybe there were other reasons. But
my decision not to sign doesn't have to be followed by
everybody from that point on
Again, a law may be both constitutional and expedient, and yet may be administered in an unjust and unfair way.
There are certain irregularities which are not the subject of criminal law. But when the criminal law happens to be auxiliary to the law of morality, I do not feel any inclination to explain it away.
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