Happy Magna Carta Day 2008!

The Magna Carta, living proof that our statist system of “justice” is a laughable sham that should only elicit bouts of retching and desires to take up arms (after all, it started on a rebellion against a less evil system than ours), celebrates its 793rd birthday today.

As I did last year, here is another quote by Spooner on the subject…

FOR more than six hundred years – that is, since Magna Carta, in 1215 – there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.

Unless such be the right and duty of jurors, it is plain that, instead of juries being a “palladium of liberty “- a barrier against the tyranny and oppression of the government – they are really mere tools in its hands, for carrying into execution any injustice and oppression it may desire to have executed.

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. That is, it can dictate what evidence is admissible, and what inadmissible, and also what force or weight is to be given to the evidence admitted. And if the government can thus dictate to a jury the laws of evidence, it can not only make it necessary for them to convict on a partial exhibition of the evidence rightfully pertaining to the case, but it can even require them to convict on any evidence whatever that it pleases to offer them.

Lysander Spooner, Trial by Jury

One thought on “Happy Magna Carta Day 2008!

  1. Mike Gogulski June 15, 2008 at 22:52

    Honestly I often find myself wishing for the return of absolutist monarchies. At least then the sword is so plainly visible that real rebellion is possible. What we have now, with “democracy”, is the efficient cloaking of the mechanics of power behind illusions of participation.

    They’ll cry, “Constitution!” until the brownshirts come for them, and for what? It really is, in some Republican’s words, just a “goddamned piece of paper”.

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