It is a myth that only the Supreme Court can interpret the Constitution. It was not always so, and legislators and juries commonly interpreted the Constitution in the United States before the "progressive" era. One of the strongest checks on government power is the power of the jury. A jury has the power to decide that a law is unconstitutional or that a particular application of a law is unjust.
In Florida, an elected Sheriff released a prisoner when the Sheriff believed the prisoners constitutional rights had been violated. A disgruntled deputy lined up another job, then accused the Sheriff of corruption. From wkzo.com:
BRISTOL, Florida (Reuters) - A Florida sheriff was acquitted on Thursday of charges that he committed misconduct and falsified public records when he freed a jailed man who carried a loaded gun without a permit.
Suspended Liberty County Sheriff Nick Finch, 51, had testified that he released Floyd Parrish from jail because he had a constitutional duty to uphold the Second Amendment right to bear arms.
Conservative organizations and activists opposed to gun control rallied to the sheriff's defense after Governor Rick Scott suspended him last summer. Scott reinstated him shortly after the jury delivered its verdict.So we have a very interesting case where a Sheriff acts on his principles, and is upheld in them by a jury of his peers.
Perhaps we will see the start of a trend.
©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch
2 comments:
So why hasn't Scott taken the place of the Sheriff in the jail??
It will be more and more difficult for "our kind" to get on juries.
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