Quote:
Originally Posted by TheHurricaneKid
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The problem here is a conflict of interest. You have the Federal Government (Supreme Court) standing in judgment of whether the Federal Government (Any branch) has broken the contract between the government and the people. So what you have is the Federal Government judging itself. No one is representing the people.
There is an answer however. The founding fathers gave the people the ultimate power to judge law.
It is the jury system. While court judges will lie through their teeth about it, the jury can judge the law in a case as well as the guilt or innocence of the defendant. It is known as jury nullification.
It gets even better! The jury does not even have to agree that the law is unconstitutional, it only takes one juror! If you are on a jury, and you feel the defendant was the victim of an illegal search, you can vote to acquit and the defendant will be set free on your vote alone. It takes a unanimous decision to convict.
This principal stands for every other law, and no judge, no Supreme Court Justice, no Governor, Senator, or even the President of the United States can convict a person that just one of his peers has set free.
While no history book will tell you this, prohibition was repealed for this very reason. The government could not convict people it arrested for alcohol use or sale because no jury's would convict people of something they did not believe was wrong. (There is a reason they began to prosecute them for income tax evasion)
The government was put in a position of loosing credibility because juries were showing that the power still resided with the people regardless of what law the Congress passed or how the Supreme Court interpreted the law. The people had the final say in whether the government could tell them if they could drink or not.
The Congress passed the 21st Amendment, the Supreme Court said it was Constitutional, and the American people used jury nullification to override them both. The Government begrudgingly repealed it.