By Joseph Snook
With President Trump's
recent talks about the Federal Government targeting States that have
legalized recreational marijuana, maybe the once thought to be conservative
term "NULLIFICATION" is finally ripe for all walks of life?
defined by Wikipedia reads: "Nullification, in United States
constitutional history, is a legal theory that a state has the right
to nullify, or invalidate, any federal law which that state has deemed
unconstitutional." Nullification is deeper than this.
Nullification can be applied in many ways. For example: if the most
popular kid at school says, "let's play soccer today", yet
other kids say, "let's play dodgeball" effectively changing
the decision from the person who usually gets what is wanted - they
have just nullified the process. In a court of law, regardless of Federal
or State, nullification often comes with consequence as most states
do not permit the use of this concept - even though our Nation's first
Chief Justice, John Jay embraced and supported its use.
Justice Jay stated,
"...you have a right to take it upon yourselves to judge of
both, and to determine the law as well as the fact in controversy.”
In most courtrooms today,
jurors are instructed to follow the law, only judging on determination
of guilt, as instructed by Judges. Lawyers and their ilk have had hundreds
of years to perfect this lie of determination - and the government with
police power often enforces this concept. New Hampshire stands out as
the only state in the U.S. that currently allows nullification to openly
be discussed in court. In other courts, lawyers can be sanctioned, and
jurors can be tossed off juries for mentioning such.
In these current
divisive times, let's not forget we as voters have a way to fight back
against the proverbial elephant (Federal and State courts).
Remember, the U.S.
Constitution begins with the words, "We The People..." for
a reason. Don't forget that! If you don't believe a law is just, then
don't convict! You have that power as a juror. Just remember, saying
it out loud could get you excused from jury duty.
In the States that have already
banned together to legalize recreational marijuana - this concept should
be quite easy to accept since juries will be comprised of "peers."
If you support marijuana
laws, think about this: The United States has the highest incarceration
rate (25%) per capita in the entire world, yet we only make up 5% of
the world population. If you pay taxes, you're paying for hundreds of
thousands of arrests for marijuana. Arrests can lead to incarceration,
and incarceration comes with costs to the taxpayer.
Know your rights!
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