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News (Media Awareness Project) - US CA: PUB LTE: Overturn Unjust Laws
Title:US CA: PUB LTE: Overturn Unjust Laws
Published On:2000-04-20
Source:Auburn Journal (CA)
Fetched On:2008-09-04 21:02:54
OVERTURN UNJUST LAWS

The Initiative process came into being in order to bypass entrenched
legislatures that refused to respect the will of the people. Because final
authority rests with the people, big government types were thwarted. Until
recently.

Now the courts block every initiative passed by the people that runs
counter to their social agenda. Isn't this upside down? Since when can the
courts subvert the will of the people?

Take Proposition 215, the medical marijuana initiative, for example.
Yesterday's flower children are today's voters who recognize a legitimate
medical need and turned it into law by a whopping majority vote. State
officials, in a panic, passed the buck to the Washington' bureaucrats who
decided their law overruled state law. Since when can the federal
government overrule the will of the people?

Folks, we're in trouble. The 9th Amendment clearly states that the federal
government cannot assume powers not designated in the Constitution, and to
confirm it, the 10th Amendment says that all other rights are retained by
the states, or the people. Freedom, if you will, and the basis of the
Initiative process.

So what can be done to halt this blatant usurpation of power? Not to worry.
Our government has been curbed many times over the years. Historically,
when the ground swell of public opinion turned against unpopular laws,
juries simply refused to convict. There was a time when people were
imprisoned for assisting run away slaves. Fed up, the public refused to
convict and the Fugitive Slave Law was nullified, because the power of the
jury is absolute and can not be questioned.

The kicker is that even though this principle has been upheld by the
Supreme Court, they also ruled in one infamous decision, that judges do not
have to tell juries about their ability to nullify unpopular law. Today,
they will even put your defense attorney in jail if he attempts to bring it
up in court. Hence the endless jury selection process designed to weed out
those who would question the law, and endless jury instructions designed to
convince jurors to be rubber stamps.

Appalling is the fact that those who are supposed to mete out justice, are
those who corrupt the system. They have forsaken their oath to protect and
defend the Constitution, and frankly, they are the ones who should be on trial.

Fred Colburn
Meadow Vista
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