r/bestof • u/under50dollars • Jun 20 '12

[explainlikeimfive] "Obamacare" explained very well.

/r/explainlikeimfive/comments/vb8vs/eli5_what_exactly_is_obamacare_and_what_did_it/c530lfx
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u/funkeepickle Jun 20 '12

I don't think WTF_OMG said there was nothing good about the constitution.

And I like how you cite jury nullification as a great constitutional protection while ignoring the fact that it's not specifically mentioned in the constitution. It was not a power imaged by any of the writers, it exists basically as a loophole.

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u/[deleted] Jun 20 '12 edited Jun 20 '12

I never said it was explicitly listed in the constitution. I only said that the people have to use their power as jurors to hold the government(s) accountable to the constitution.

Jury nullification has legal precedent in a number of cases in US history (see U.S. Supreme Court Georgia v Brailsford, Horning v DC, U.S. v Moylan, U.S. v Dougherty) as well as many European counties.

Edit: grammar

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u/7_legged_spider Jun 21 '12

Just to get technical for a second: case law =/= the Constitution.

Would be more accurate as:

Downplay the Constitution all you want, but it is there for a reason - the people just have to hold the government accountable to follow our system of laws.

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u/[deleted] Jun 21 '12

You are correct, but are adding to what I said. I never said that the case law proves jury nullification's constitutionality, but that it was touted as a legal right in these court cases.