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Front Page » May 31, 2005 » Opinion » Letter to the Editor: Constitution above judge
Published 3,340 days ago

Letter to the Editor: Constitution above judge


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By KEN LARSEN
Salt Lake City

Editor:

This morning, I sat for three hours answering personal questions before being dismissed as a prospective juror.

Interestingly, they had us take an oath answer truthfully the personal questions, including a constitutionally forbidden religious question. They did not administer an oath to uphold the state and federal constitutionals, as required in those constitutions of all government officers. I presume a juror, while serving, is an officer of the government and should be required to take that oath or affirmation. I would like to serve on a jury and uphold the American system. How can I serve my principles if I have to violate them to get on the jury? I had to honestly tell the judge I would not unhold an unconstitutional law, and that I would put the constitution above her instructions. I tried to say as little as possible, but I cannot lie and still claim my principles.

We need a law or an amendment that tells the Jurors the Constitution is above the judge. Or, at least, we need to read the part that says the Constitution is the Supreme Law of the land, putting it above the opinions of judges. I don't know how to ask the courts to rule that they are subservient to the Constitution, and that only the people, through the amendment process, are superior to it. I suspect most judges believe the Constitution is whatever the judiciary says it is. I know that tradition goes way back to 1803, but, as Jefferson said, America should not be under the thumb of the Supreme Court. We need to instruct our judges to tell the jurors to hold the constitution first, no matter how else they are instructed.

Remember Nuremberg? Following orders is no excuse for violating fundamental constitutional and/or personal morals. I think we've got jurors violating the constitution because they are ordered to do so. Can any lawyer out there think of a lawsuit we might take to the Supremes? As a rejected juror, I might have standing. There must be a way to restore the jury as a defense against tyranny, as claimed by our Founders in the Federalist Papers. As it now stands, the judiciary has usurped all the power to determine the law. Juries are only allowed to determine the facts. I know the founders intended the Jury as a last line of peaceful defense against tyranny. Now, it's gone. Can we get it back? I doubt the Supreme Court will rule that they don't have that ultimate power.

Maybe we need an amendment to give that power back to the jury. I am upset at the way my country has been lost to judicial tyranny.

I want my America back.


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