Any legislation, therefore, that infringes any essential principle of the common law, in the selection of jurors, is unconstitutional; and the juries selected in accordance with such legislation are, of course, illegal, and their judgments void.
Spooner argues that any law that undermines the common law principles in juror selection is unconstitutional.
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One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.
It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent.
And whenever any number of men, calling themselves a government, do anything to another man, or to his property, which they had no right to do as individuals they thereby declare themselves trespassers, robbers, or murderers, according to…
The presumption clearly is that all were eligible.