The mode adopted, by the trial by jury, for ascertaining whether all the parties to the government do approve of a particular law, is to take twelve men at random from the whole people, and accept their unanimous decision as representing the opinions of the whole.
Spooner describes the trial by jury as a method to gauge public approval of laws through a random selection of citizens.
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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.
What else than ignorance of the law is it that excuses persons under the years of discretion, and men of imbecile minds?
And the right is practically established only when and because the government, no longer exists to call it in question.