Constitutional Protections Quotes



Many politicians were arguing that giving the intelligence agencies more power to wiretap, bug and hack into personal communications despite the 4th Amendment’s strictures argued that the public was in rational fear of terror attacks and had a right to be protected.


Jury nullification is when the jury believes that the defendant has committed the crime alleged, but acquits anyway because it believes the law is wrong or the defendant acted properly or justly. Most trial judges detest the concept and often tell the jury that they may not engage in the practice. However, there is a long American tradition of jury nullification dating back to colonial America. This quotation shows one of the negative aspects of nullification. See {640833}.


The Presidential election of 1800 produced a crisis even greater than that of 2000. There was an Electoral College tie between Thomas Jefferson and Aaron Burr—both of the same party, Democratic Republicans. The Federalist Party led by President John Adams had been totally rejected by the voters and Adams was in third place. However, the Federalists saw an opportunity of maintaining the Presidency anyway. The Constitution threw the election into the House of Representatives with each State delegation having a single vote. In the House, the Federalists had parity with Jefferson’s party which resulted in 35 tie votes. Finally, Congressman Bayard, the sole Congressman from Delaware, withheld his vote on the 36th ballot, thereby electing Thomas Jefferson of the opposition party. His reason was:


The Chief Justice at the time was an ultra-conservative judge, who together with his 8 colleagues—all conservative—had blocked much of the democratic and progressive legislation that the Congress had passed. FDR had a much different legal and philosophical view of the Constitution than the Chief Justice, and the court would declare much of his New Deal legislation, passed in the emergency of the Great Depression, unconstitutional. Almost all of those “unconstitutional” things were years later passed again and this time a more modern court found they were Constitutional.