A Quote by Thomas Jefferson
If the question [before justices of the peace] relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.
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It is left... to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English liberty.
Conservatives . . . may decide to join the game and seek activist judges with conservative views. Should that come to pass, those who have tempted the courts to political judging will have gained nothing for themselves but will have destroyed a great and essential institution. . . . There are only two sides. Either the Constitution and statutes are law, which means their principles are known and control judges, or they are malleable texts that judges may rewrite to see that particular groups or political causes win.
In our system, we leave questions of fact to a jury. But to render a verdict, a jury must know the law. For this, we rely upon jury instructions. Instructions are supposed to translate the law into lay terms that the jury can apply to the facts as they determine them.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
Trial by jury is a privilege of the highest and most beneficial nature [and] our most important guardian both of public and private liberty. The liberties of England cannot but subsist so long as this palladium remains sacred and inviolate, not only from all open attacks, ... but also from all secret machinations, which may sap and undermine it.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it ... The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias.
Is the relinquishment of the trial by jury and the liberty of the press necessary for your liberty? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earlthy blessings - give us that precious jewel, and you may take every things else! . . . Guard with jealous attention the public liberty. Suspect every one who approaches that jewel.
We label judges with having the meanest motives, and yet we desire that our reputation and fame should depend upon the judgment of men, who are all, either from their jealousy or preoccupation or want of intelligence, opposed to us - and yet despite their bias, just for the sake of making these men decide in our favor, we peril in so many ways both our peace and our life.
Judges decide upon copyright law. They decide upon trademark law. They decide upon scientific issues. They decide upon very complex technical issues on a daily basis. So you must have confidence in the Supreme Court, that they will apply their mind and they will come out with a decision consistent with the Constitution.
Trial by jury is part of the bright constellation which leads to peace, liberty and safety.
The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches.
Today, no less than five Supreme Court justices are on record, either through their opinions or speeches (or both), that they will consult foreign law and foreign-court rulings for guidance in certain circumstances. Of course, policymakers are free to consult whatever they want, but not justices. They're limited to the Constitution and the law.
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.
In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.
The true liberty of the press is amply secured by permitting every man to publish his opinion; but it is due to the peace and dignity of society, to inquire into the motives of such publications, and to distinguish between those which are meant for use and reformation, and with an eye solely to the public good, and those which are intended merely to delude and defame. To the latter description, it is impossible that any good government should afford protection and impunity.
The people of the FBI are sworn to protect both security and liberty. It isn't a question of conflict. We must care deeply about protecting liberty through due process of law, while also safeguarding the citizens we serve - in every investigation.
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