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05-10-2009, 04:19 AM #3
Sadly, I'm completely ignorant in this area. Thanks for the info.
Let's say a law is grossly unconstitutional and it happens to be a law pertaining to a case on trial. Does that mean then that the jury asks the judge to determine whether the law is constitutional? Maybe my question is this then; what if it's a bad law? By bad, I mean truly unconstitutional. Theoretically, if a jury somehow determines during the course of a trial that a law pertinent to the case is unconstitutional, the law is the law and the jury MUST decide based on the bad law? That seems to be against what my understanding of the founding father's intents were.
Chris L"Blues fallin' down like hail." Robert Johnson
"Aw, Pretty Boy, can't you show me nuthin but surrender?" Patti Smith