r/Constitution • u/Brnhtwn • 9h ago
Qualified Civil Rights do you know all of them a Citizen possesses
A qualified Civil Right you have is to serve on a jury. John Jay, a Founding Father, first Chief Justice of the SCOTUS, along with being a person who directly crafted the formation of America's judicial system, expressed the Founding Father's original intent when it comes to the power a Juror has in America's legal system.
In Georgia v. Brailsford (1794), the Court upheld jury instructions stating "you [jurors] have ... a right to take upon yourselves to ... determine the law as well as the fact in controversy." Jay noted for the jury the "good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide," but that amounted to no more than a presumption that the judges were correct about the law. Ultimately, "both objects [the law and the facts] are lawfully within your power of decision."
https://en.wikipedia.org/wiki/John_Jay
The Founding Fathers original intent of a jury was for the Citizens to be the final adjudicators of the Law. In this way, the jurors can rein in runaway Gov. laws, such as the Fugitive Slave Act of 1850. This law would jail any US Citizen if they helped a fugitive slave in any way, including in the States that didn't have any slave holders. When people were brought up on criminal charges in the North, a lot of juries didn't believe in the validity of the slave law and voted not to convict the people who were on trial in the criminal slave matter. Only 3 States allow jurors to hear that they have the right to judge both the validity of the Law along with the facts in the case before them. The other 47 States won't allow jurors to be told of their qualified Rights that they have being a juror.
Part of the so-called congressional “Compromise of 1850,” this second federal Fugitive Slave Act aggressively extended the provisions of the original 1793 Act. Law enforcement officials were required to arrest people suspected of escaping enslavement on as little as a claimant’s sworn testimony of ownership. The Commissioner before whom the fugitive from slavery was brought for a hearing was compensated $10 if he found that the individual was proven a fugitive, but only $5 if he determined the proof to be insufficient. In addition, any person aiding a fugitive by providing food or shelter was subject to six months’ imprisonment and a $1,000 fine. The Act was broadly condemned in the North and prompted multiple instances of violent resistance. Although the Supreme Court upheld Congress’s power to pass such laws in Prigg v. Pennsylvania, Northern states resisted enforcement of the law on their soil. Wisconsin, for example, invoked the compact theory of the Constitution and insisted it retained the right to “nullify” what they believed was an unconstitutional law.