On the record
The government can enforce none of its laws, (by punishing offenders, through the verdicts of juries,) except such as substantially the whole people wish to have enforced.
Said by
Lysander Spooner
Source
gutenberg.orgThe government can enforce none of its laws, (by punishing offenders, through the verdicts of juries,) except such as substantially the whole people wish to have enforced.
Spooner argues that the government can only enforce laws that have widespread public support.
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More from Lysander Spooner
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.
Since Magna Carta, we have evidence showing quite conclusively that all freemen, above the age of twenty-one years, were eligible as jurors.
And the right is practically established only when and because the government, no longer exists to call it in question.
That the legislation of the king was of no authority over a jury, is further proved by the oath taken by the kings at their coronation.