A Quote by Lysander Spooner
If a jury have not the right to judge between the government and those who disobey its laws, and resist its oppressions, the government is absolute, and the people, legally speaking, are slaves.
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If the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of the government; for there are no oppressions which the government may not authorize by law.
The inherent right in the people to reform their government, I do not deny; and they have another right, and that is to resist unconstitutional laws without overturning the government.
Most codes extend their definitions of treason to acts not really against one's country. They do not distinguish between acts against the government, and acts against the oppressions of the government. The latter are virtues, yet have furnished more victims to the executioner than the former. Real treasons are rare; oppressions frequent. The unsuccessful strugglers against tyranny have been the chief martyrs of treason laws in all countries.
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.
It is all the more necessary under a system of free government that the people should be enlightened, that they should be correctly informed, than it is under an absolute government that they should be ignorant. Under a republic the institutions of learning, while bound by the constitution and laws, are in no way subservient to the government.
We cannot, by total reliance on law, escape the duty to judge right and wrong... There are good laws and there are occasionally bad laws, and it conforms to the highest traditions of a free society to offer resistance to bad laws, and to disobey them.
Government should be of the people, by the people, for the people. What part of that do politicians and government bureaucrats not understand? Government has no right to keep secrets from the people. The people are paying for it. It's THEIR government. They have a right to know everything going on.
Any government, that is its own judge of, and determines authoritatively for the people, what are its own powers over the people, is an absolute government of course. It has all the powers that it chooses to exercise. There is no other or at least no more accurate definition of a despotism than this.
The Government of the absolute majority instead of the Government of the people is but the Government of the strongest interests; and when not efficiently checked, it is the most tyrannical and oppressive that can be devised.
The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
The links between the American government and the Iraqi government are so close that you cannot judge one without asking at least the other what he has done by this time.
The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
In any socialist government, they must destroy all alliances other than your alliance to the government, and they want the government to become your God. That for you to totally depend upon government. So we become slaves to government, through taxation, through regulation, through all kinds of restrictions, that makes us not free anymore.
Society is older than government. But every persisting society implies the existence of government and laws; for a society without government and laws is at once overturned by its madmen and scoundrels and lapses into barbarism.
I do not subscribe to the doctrine that the people are the slaves and property of their government. I believe that government is for the use of the people, and not the people for the use of the government.
The Constitution contains no 'dignity' Clause, and even if it did, the government would be incapable of bestowing dignity. ... Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits.
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