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WHY 12 JURORS REPRESENT AMERICA AND MAY VETO OBAMACARE

By Frank Parlato

To our founding fathers, the number twelve represented Divine justice. 12 is the number of hours.12 is the number of months. In the Bible, from where our forefathers said they derived much of their learning, 12 signified perfection of government.

There were 12 patriarchs from Shem to Jacob. There were 12 sons of Israel. There were 12 sons of Jacob, whose families formed the 12 tribes of Israel. The high priest’s breastplate, used for judgment, had 12 stones representing the 12 tribes. During the period of judges, 12 judges judged Israel. Solomon appointed 12 officers over Israel.

In the New Testament, there were 12 apostles.

With 12 on a jury, our forefathers presumed the people would be, symbolically, represented. Men knew, in those brave times, that no law was valid unless it was so fair and just so as to be able to get the unanimous assent of 12 jurors, chosen at random, from his own community. Before government could take from a man his property, liberty or life, 12 have to unanimously judge the law as fair. This led to self-governance rather than authoritarian government.

The concept of a unanimous jury being required for conviction was to ensure that laws must be fair and just, since even one among 12 can preserve the liberty of a man who breaks an (unjust) law.

Our forefathers did not believe in the ultimate wisdom of government, but in the wisdom of God. They did not trust government, even majority rule government. That is the reason for requiring a unanimous verdict, instead of a majority verdict: A sole juror can hang a jury and protect the liberty of someone who has a minority opinion of justice.

The government then could not make laws curtailing freedom unless they had the consent of the “nation” as represented symbolically by 12 average jurors. The people were meant to be the “supreme” court, because they had (and still do have) the power to decline to enforce unjust laws, through their vote on a jury.

Although few understand it, the Bill of Rights provides us with a government that is a voluntary contract of people individually with each other. Each man who is part to the government and contributes to its support must freely consent to it. The government has no right to tax any one for its support, for taxation without consent is robbery.

This has been largely forgotten in our present, unconstitutional age of government expansion of power and authority, and our unmanly acceptance of our dwindling freedoms.

By jury nullification, we can restore lost freedoms. When one or more jurors refuse to convict a person of a law they feel is unjust, even if that person broke the law, that is called jury nullification. The founding fathers crafted a constitution knowing that with jury nullification, the minority did not assume authority over the majority. They simply refused to surrender their liberties into the hands of the majority.

This is why we have both suffrage (voting where majority rules) and juries. Voting permits the majority to elect representatives to make laws. But there is no truth that the majority has a right to rule over the minority because they are more numerous. Two men have no more natural right to rule one, than one has to rule two.

Because of the jury, laws enacted by the majority can only be enforced with the consent of a unanimous jury. The minority can veto laws that do not meet the approval of an average jury of twelve. This is our constitution. The government will have to limit itself, no matter how unhappy it may be about it, to the confines of our constitution.

The jury has the power to make our government obey the constitution. The government cannot punish a jury for its verdict.
Take the case of Obamacare. No jury of twelve, randomly selected, will convict a person for not obeying this ominous law that requires men to give up their freedom of choice for health care and force them to purchase something they may not want.

If you were on a jury, would you vote to acquit a man for breaking the Obamacare law, even if you were the only one of twelve, even if the judge and other jurors berated you?

If you answer yes, then you are a patriot. It is such as you who will bring freedom back to America.

 

 

Niagara Falls Reporter www.niagarafallsreporter.com July 03 , 2012