Category: judiciary

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judiciary jury rights and duties

Penn’s Jurors’ Treason — Our Reason

Remember, remember the Fifth of September, when jurors freed Penn of the knot. I know of no reason why Penn’s jurors’ treason should ever be forgot.

Alaska Governor Sarah Palin is one of three governors who have honored September 5, officially, as Jury Rights Day. From her 2007 proclamation we learn that 338 years ago, in the trial of William Penn, his jury refused to convict him of violating England’s Conventicle Acts, despite clear evidence that he acted illegally by preaching a Quaker sermon.

In acquitting Penn, the jury acted against the judge’s explicit instructions, perhaps spurred by the judge’s own illegality, not allowing Penn to make a defense. So the judge threw the jurors in prison, on September 5.

In my little ditty, my parody of the Guy Fawkes Day rhyme, I indicated Penn was in danger of hanging. I doubt that. It rhymes; that’s my excuse. But he was in danger of harsh imprisonment, at the very least, merely for gathering people so he could preach.

The jurors who resisted a bad law and a rogue judge risked a lot. But they not only freed Penn, who went on to found Pennsylvania, they established important principles to be found today in our Bill of Rights — and in the principle of jury nullification. They served justice by judging the law as well as the accused.

I know of no reason why Penn’s jurors’ “treason” should ever be forgot!

This is Common Sense. I’m Paul Jacob.

Categories
Common Sense insider corruption judiciary term limits

Another OK Court Decision?

Here’s another interesting court decision in Oklahoma. Oh, this time it’s not a petition with hundreds of thousands of voter signatures being tossed out. And no, it’s not quite as crazy as that ruling allowing a man to photograph up the skirts of girls at the mall.

This time Oklahoma’s highest court has ruled that former State Senator Gene Stipe is entitled to an $84,000 a year state pension.

Gene Stipe was a state legislator for 54 years, the longest in history. But in 2003, facing removal due to term limits and a federal indictment, Stipe resigned. He was then convicted on federal campaign violations and perjury.

Stipe also faces new charges of conspiracy, mail fraud, witness-​tampering and illegal monetary transactions. Talk about an experienced legislator.

Oklahoma’s retirement system board ruled that Stipe’s crimes violated his oath of office. A 1981 law requires in such case the pension benefits are forfeit. But the Oklahoma Supreme Court decided otherwise, giving Stipe his full pension. The lone dissenter, Chief Justice Winchester, wrote “I would assert that tampering with an election goes to the very heart” of the oath of office.

Some wonder why Attorney General Drew Edmondson hasn’t investigated Stipe on state charges. But Stipe is a large contributor to Edmondson. When the AG was asked why he hadn’t returned Stipe’s money, Edmondson explained there was no conflict, since, after all, he wasn’t investigating Stipe.

This is Common Sense. I’m Paul Jacob.

Categories
Accountability judiciary national politics & policies

Broken Contract

Politicians say Social Security is a solemn contract between government and the people. Well, a contract is enforceable in court. And in our litigious society it’s not surprising that someone did take the government to court to get what he said he was owed from Social Security.

The case, Flemming v. Nestor, went all the way to the U.S. Supreme Court. After paying in year after year, care to guess what the High Court says you are entitled to from Social Security? Is it (a) a set monthly payment, (b) at least 10 percent of what you’ve paid in, © whatever is behind door #3, or (d) whatever Congress says you get? The court’s answer was (d) whatever Congress says you get. Some contract.

The politicians are charging us over 15 percent of our income, but not guaranteeing us any specific benefit. You could die without ever getting back a dime, and your family wouldn’t get a dime either. Politicians have broken the contract on Social Security. They admit we must fix the System, but do nothing. They’ll simply wait until the money runs dry, blame others and then raise your taxes, slash benefits, or both.

Term-​limited Representative Mark Sanford has a different plan. He says take Social Security out of the hands of politicians and let Americans control their own financial futures. Sometimes tough problems have pretty easy solutions.

This is Common Sense. I’m Paul Jacob.