Constitution Party of Tennessee

Jury Nullification

Dear Editor,

I would like to ask you to read the following. "That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind".

You have just read Article 1 Section 2 of the Tennessee Constitution. As citizens how do we legally stand against arbitrary power, corrupt laws, oppression and unconstitutional laws? When selected as a juror we have a duty to administer justice, not to enforce government inspired oppression or simply and thoughtlessly administer punishment to our neighbors.

Our own state constitution in Article 1 Section 19 directs that as jurors we "shall have the right to determine the law and the facts". Many of our countless laws are enforced in ways that our legislators never imagined or intended. It is up to us as jurors to administer justice sometimes in spite of oppressive or arbitrary laws. No one has the power to question, overturn, or condemn your vote as a juror. Many unconstitutional laws are never challenged because the accused or prosecuted don't have the financial ability to effectively defend themselves. In America we have a greater percentage of our population in prison than any other country in the civilized world. Are the American people really that criminal? I think not.

We have the constitutional power and the duty to protect our neighbor from oppressive arbitrary power. Why does the Constitution Party acknowledge and embrace jury nullification? Because it is constitutional law, and it was written into our constitution for a purpose. That purpose is to give us a legal last line of defense against tyranny. Read the 7 principles and the platform of the Constitution Party at

For more information on jury nullification go to

David Nance
8th District Director
Constitution Party of Tennessee