John McLean Quotes
To punish the same act by the two governments [state and federal] would violate, not only the common principles of humanity, but would be repugnant to the nature of both governments.
John McLean, 1785-1861, U. S. Supreme Court Justice, Fox v. Ohio, 1847
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It passed with 70 percent of the vote. It was triggered by a case in New Jersey where a Muslim man assaulted and raped his wife, and the Judge found that he did not have the “Criminal Intent” because he was brought up under Sharia law which allows a husband for beat a wife and force her to have sexual relations if she refused. The New Jersey appellate court overturned the judge’s decisions, but the Oklahoma advocates for the Question argued that this initiative would be sure that no judge in Oklahoma would make a similar judicial decision.
Many of our Founding Fathers held the view that the Jurors should decide not only about the facts but also they have the final decision on the law. The concept of the jury not following the judge’s interpretation and instructions as to the law is called Jury Nullification of which many of the founders approved. In modern times however, most states require the jury to accept the judge’s instructions as to the law, and the Jury’s only role is to decide on the facts. Maryland is the only state left which allows the jury to make the final decision on the law as well as the facts. However, many jurors will silently nullify the Judges instructions and vote accordingly as jurors need not explain their reasoning in most jurisdictions. See {641742}, {590841}, {591140} & {591139} for similar views by other Founding Fathers.
Explaining his civil rights strategy in the 1947 "Journey of Reconciliation:"
John McLean was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for the Whig Party nominations for President.
