A Quote by George Washington
There was not a member of the Constitutional Convention who had the least objection to what is contended for by the advocates for a Bill of Rights and trial by jury.
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In the past there has been debate as to whether or not traditional rights such as that to trial by jury might be protected or if a Bill of Rights should extend into areas of social and economic policy.
You don't know who the next group is that's unpopular. The Bill of Rights isn't for the prom queen. The bill of rights isn't for the high school quarterback. The Bill of Rights is for the least among us. The Bill of Rights is for minorities. The Bill of Rights is for those who have minority opinions.
We have a Bill of Rights, we have trial by jury. We have a notion that you are - you're innocent until you're proven guilty. We have all these things.
The trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English-speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law find their most famous expression in the American Declaration of Independence.
I have many things to say. My every right, constitutional, civil, political and judicial has been tramped upon. I have not only had no jury of my peers, but I have had no jury at all.
If the federal constitution is to be construed so far in connection with the state constitutions, as to leave the trial by jury in civil causes, for instance, secured; on the same principles it would have left the trial by jury in criminal causes, the benefits of the writ of habeas corpus, etc. secured; they all stand on the same footing; they are the common rights of Americans, and have been recognized by the state constitutions.
Blessed be the memory of those few brethren who contended so strenuously for their constitutional rights and religious freedom, against such an overwhelming force of desperadoes!
I believed there was enough evidence to go to trial. Grand jury said there wasn't. Okay, fine. Do I have a right to disagree with the grand jury? Many Americans believe O.J. Simpson was guilty. A jury said he wasn't. So I have as much right to question a jury as they do. Does it make somebody a racist? No! They just disagreed with the jury. So did I.
What Americans were really objecting to had nothing to do with constitutional principles. their objection was not to Parliament's constitutional right to levy certain kinds of taxes as opposed to others, but to its effort to collect any.
Trial by jury must and shall be preserved! Amidst the throng of crude sacrilegisms ... that assail us nowadays in the legal sanctuary, none is more shortsighted, none more dangerous, than the proposal to abolish trial by jury.
To draft a bill of rights that simply replicates the European convention on human rights gives the game away; namely that the Human Rights Act does, in fact, offer appropriate protection to all of our citizens according to universally accepted standards.
Asset forfeiture is a mockery of the Bill of Rights. There is no presumption of innocence, no need to prove you guilty (or even charge you with a crime), no right to a jury trial, no right to confront your accuser, no right to a court-appointed attorney (even if the government has just stolen all your money), and no right to compensation for the property that's been taken.
[James] Madison pointed out in the discussion of the constitutional debates - the constitutional convention - that democracy would be a danger. He used England of course as the model and said suppose that in England everyone had the free right to vote; the poor, the propertyless - who are the great majority - would use their voting power to take away the rights of property owners to carry out what we would call land reform.
There was an interesting development in the CBS-Westmoreland trial:
both sides agreed that after the trial, Andy Rooney would be allowed to
talk to the jury for three minutes about little things that annoyed him
during the trial.
The key issue is not who is in charge but what. Russia's problem is constitutional. There is no division of powers. The judges, the police, and the legislature all work for the same people, and there is essentially no trial by jury. As a result, anyone can be arrested and accused of anything, and conviction is almost guaranteed.
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