http://www.ldsliberty.org/the-state-and-proper-role-of-government/ Advancing the cause of liberty in light of the restored gospel. Thu, 09 Feb 2012 09:55:32 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.ldsliberty.org/the-state-and-proper-role-of-government/#comment-128 David Hatton Fri, 29 Jan 2010 21:29:05 +0000 http://www.ldsfreemen.com/?p=1276#comment-128 The Constitution provides that the accused be tried by the law and by the voice of the people under the common law both in criminal cases and in civil cases. As John Jay explained a common law jury can judge of the law and of the facts including the motive. The Book of Mormon uses these exact phrases as the due process for the Nephites. In the Sparf Case of 1895 the supreme court ruled that the jury could no longer judge of the law thus converting the common law jury into a Roman Civil Law jury or in other words to a government tribunal. As Jefferson explained no one under natural law can be a judge in his own controversy yet after the Sparf Case the government wrote the law and became the judge of the law thus becoming a judge in its own controversy. Of course the accused can not be the judge. So is the judge? Under Constitutional Law a third disinterested party known as the common law jury of your peers. these peers don't want to live among criminals so if you are guilty beyond reasonable doubt. On the other hand they do not want to live under a despotic government so if the State fails to prove you are guilty they will set you free. The Book Of Mormon government was based upon the Statutes and Judgments of the Law of Moses as were government of the old testament. Of these statues and judgments the Lord said; Thou shalt not add to nor take away." He said a similar thing of our constitutional government set up on the foundation of those statues and judgments. "Thou art justified in befriending the law of the land which is Constitutional......anything more or less than this cometh of evil." References and quotes can be found in "The Law of Moses: Foundation of the Western World" by D.L. Hatton The Constitution provides that the accused be tried by the law and by the voice of the people under the common law both in criminal cases and in civil cases. As John Jay explained a common law jury can judge of the law and of the facts including the motive.
The Book of Mormon uses these exact phrases as the due process for the Nephites.
In the Sparf Case of 1895 the supreme court ruled that the jury could no longer judge of the law thus converting the common law jury into a Roman Civil Law jury or in other words to a government tribunal. As Jefferson explained no one under natural law can be a judge in his own controversy yet after the Sparf Case the government wrote the law and became the judge of the law thus becoming a judge in its own controversy. Of course the accused can not be the judge. So is the judge? Under Constitutional Law a third disinterested party known as the common law jury of your peers. these peers don’t want to live among criminals so if you are guilty beyond reasonable doubt. On the other hand they do not want to live under a despotic government so if the State fails to prove you are guilty they will set you free. The Book Of Mormon government was based upon the Statutes and Judgments of the Law of Moses as were government of the old testament. Of these statues and judgments the Lord said; Thou shalt not add to nor take away.” He said a similar thing of our constitutional government set up on the foundation of those statues and judgments.
“Thou art justified in befriending the law of the land which is Constitutional……anything more or less than this cometh of evil.”
References and quotes can be found in “The Law of Moses: Foundation of the Western World” by D.L. Hatton

]]> http://www.ldsliberty.org/the-state-and-proper-role-of-government/#comment-127 Skyler Collins Thu, 07 Jan 2010 18:54:26 +0000 http://www.ldsfreemen.com/?p=1276#comment-127 I have yet to study the various ways that particular aspect of, at least our government, would be worked out in a stateless society. Of course, any theories are just those, theories, but there isn't any reason to believe a free society wouldn't solve this problem. Common law would evolve and there wouldn't be what we know as "legislation". Maybe there's something here to learn from the Nephite judges. I have yet to study the various ways that particular aspect of, at least our government, would be worked out in a stateless society. Of course, any theories are just those, theories, but there isn’t any reason to believe a free society wouldn’t solve this problem. Common law would evolve and there wouldn’t be what we know as “legislation”. Maybe there’s something here to learn from the Nephite judges.

]]> http://www.ldsliberty.org/the-state-and-proper-role-of-government/#comment-126 Darren Andrews Thu, 07 Jan 2010 17:05:21 +0000 http://www.ldsfreemen.com/?p=1276#comment-126 Short and to the point. I agree. What role do you see the jury in this context? My understanding is that they block government from being able to enforce punishment where no guilt (regardless of laws being broken) is found, and are a tribune of the people not a department of the government. Short and to the point. I agree. What role do you see the jury in this context? My understanding is that they block government from being able to enforce punishment where no guilt (regardless of laws being broken) is found, and are a tribune of the people not a department of the government.

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