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Citizen Rights and Powers

Henry David said:
Citizens have rights.

We surrender a few of them to create the government and grant it powers.

The government has powers, the citizens have rights.

Rights and powers are not synonymous.
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I am not sure what Rights the people surrendered. The States gave up some powers.
 
Henry David said:
Citizens have rights.

We surrender a few of them to create the government and grant it powers.

The government has powers, the citizens have rights.

Rights and powers are not synonymous.
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I'm not sure I'd describe it as the "surrender" of rights or powers, by either the citizens or the states.

It was more a "ceding" of those authorities the states had, with that meaning "to yield or grant". It was not a permanent surrender, as the authority, and sovereignty still resides with the states, at least technically. In real practice the federal government believes it is the uncontestable authority on whatever it might choose to exercise.
 
Trip said:
It was not a permanent surrender, as the authority, and sovereignty still resides with the states, at least technically. In real practice the federal government believes it is the uncontestable authority on whatever it might choose to exercise.
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Not permanent? Treaty making power is permanent, even an amendment couldn't change it because even if ratified any such amendment would be unconstitutional.

Definition of SOVEREIGNTY; supreme excellence or an example of it; supreme power especially over a body politic. There is no sovereign in Constitutional America.

Yes, you are correct the federal government does whatever it wants to do and gets away with it, BECAUSE, citizens do not hold Representatives accountable to their Oath of Office.
 
Trip said:
I'm not sure I'd describe it as the "surrender" of rights or powers, by either the citizens or the states.

It was more a "ceding" of those authorities the states had, with that meaning "to yield or grant". It was not a permanent surrender, as the authority, and sovereignty still resides with the states, at least technically. In real practice the federal government believes it is the uncontestable authority on whatever it might choose to exercise.
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Thanks. That is a much better description.

Yes, the federal government's efforts at usurpation are well documented.
 
Trip said:
In the case of the jury box, that vote only counts as one vote in the number of the jury, which typically only gets to vote for certain limited charges as provided by the court.
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Where do I find the law binding a Jurors conscience, as in "limited charges as provided by the court"?
 
PirateMk1 said:
I do find it annoying how they do it in my area, but at least its not as bad as it was. Personally I think jury selection should be random selection and if the juror has any hardship reason they cant serve. Pick em and go. Instead of all the five million questions that are then repeated for interviewing each juror and then cherry picking dropping a juror and starting a new round of questioning. Its a waste of time. I do see your point about people not wanting to come in because of the rigermarol.
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Article III, Section 2, Clause 3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

1.. Requires criminal trial to have a jury, (criminal trials can not be adjudicated by a judge);
2.. Change of venue orders moving trials to a different State from where the crime was committed (Oklahoma City bombing trial moved to Denver Colorado, etc.) are unconstitutional under this Clause;
3.. Trials must be tried in the State where they were committed, unless the crime was committed in a State or territory not yet admitted to the Union.
4.. Grants to Congress the power to determine the location of the trial in the latter instance.
 
Fisher said:
Because jurors have to listen to people like me jammer on and on and on. I was kind of kidding, but we don't have a lot of jury trials so people have to be on the jury for like a month and it really is hard for them to plan their lives being on 24 hour call for the month. Some don't mind it, but some I know really hate it. I try not to request a jury unless I am certain it will go to trial or my client demands it. There are some who seem to always request them knowing that the case is likely going to be settled, pleaded out, or done by bench trial which is just making people less willing to serve hauling them in day after day for naught IMO.
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Where I live, we just call a phone number to see if we have to come in.
 
AllanHampton said:
Article III, Section 2, Clause 3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

1.. Requires criminal trial to have a jury, (criminal trials can not be adjudicated by a judge);
2.. Change of venue orders moving trials to a different State from where the crime was committed (Oklahoma City bombing trial moved to Denver Colorado, etc.) are unconstitutional under this Clause;
3.. Trials must be tried in the State where they were committed, unless the crime was committed in a State or territory not yet admitted to the Union.
4.. Grants to Congress the power to determine the location of the trial in the latter instance.
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Not all cases are federal.
 
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