Resolution in Opposition to Waiver of Trial by Jury Amendment

Whereas, the North Carolina General Assembly has enacted legislation, which will cause to be proposed
to the People of North Carolina, on the 2014 General lection ballot, an Amendment to Article !,
"eclaration of #ights, $ection 24, %#ight of &ury trial in criminal cases'%, of the North Carolina
Constitution, and
Whereas, all political and &udicial Power is inherent in, and deri(es from, the People, and
Whereas, all lawful Go(ernments deri(e their &ust Powers from the Consent of the Go(erned, and
Whereas, the proposed Amendment will affect the ancient and fundamental #ight of )rial by a *ury of
the People, and
Whereas, the ancient system and #ight of )rial by *ury, enshrined in the common law by the sign and
seal of +ing *ohn on the ,agna Carta, in 121- A'"', has been termed the %bulwar.% and %palladium% of
nglish liberty, and
Whereas, as Americans, we are the heirs and beneficiaries of the nglish liberty and the nglish common
law, and
Whereas, )homas *efferson stated that, /! consider trial by &ury as the only anchor e(er yet imagined by
man, by which a go(ernment can be held to the principles of its constitution'0, and
Whereas, a *ury of the People is the fundamental and primary means whereby the People gi(e Consent to
any act of the Go(ernment, and
Whereas, a *ury of the People is the last peaceful barrier against usurpation, tyranny, and oppression, and
Whereas, in the North Carolina Constitution of 1112, the People made a "eclaration of #ights, and
Whereas, the "eclaration of #ights of 1112 ac.nowledges the ancient institutions of the Grand *ury, and
the Petit, or )rial, *ury, in the following Articles3
/4!!!' )hat no freeman shall be put to answer any criminal charge, but by indictment, presentment, or
impeachment'0, and
/!5' )hat no freeman shall be con(icted of any crime, but by the unanimous (erdict of a &ury of good and
lawful men, in open court, as heretofore used'0, and
Whereas, it is a fundamental principle of our common law system of &urisprudence that the People shall
be &udged by the People, and not by any 6fficer of the Go(ernment, and
Whereas, the proposed Amendment, if ratified by a simple ma&ority of the People, would ma.e a
fundamental change to our North Carolina Constitution and the "eclaration of #ights, and allow a person
charged with a crime to wai(e the ancient #ight of )rial by a *ury of the People, and
Whereas, the People would thereby be depri(ed of their fundamental #ight and "uty to act as the
Conscience and Consentors of the Community, and the ultimate arbiters of the law, and of the facts, and
Whereas, the proposed Amendment would introduce both the potential, and incenti(e, for corruption,
coercion, conspiracy and collusion7 bribery and e8tortion7 and partial, preferential, and pre&udicial Abuses
of Power by Agents of the Go(ernment against the People, and
Whereas, there is an inherent conflict of interest in the fact that &udges, prosecutors, and all attorneys, as
6fficers of the Court, are dues paying members of, are licensed by, and ha(e loyalty to, the North
Carolina $tate 9ar as a condition of their employment in the *udicial 9ranch of Go(ernment7 and
Whereas, in addition, &udges, prosecutors, and attorneys, as 6fficers of the Court, who recei(e pay,
pri(ileges, and benefits from the Go(ernment, ha(e a fundamental, indefeasible, and irremediable conflict
of interest in fa(or of the Go(ernment and of the North Carolina $tate 9ar, and against the inherent #ights
and !nterests of the People7 and
Whereas, the Amendment would create opportunity, and incenti(e, for go(ernment agents to e8ert
pressure on the poor, the powerless, and the politically unconnected members of society to accept a trial
by *udge, and to wai(e the fundamental #ight to )rial by *ury, and
Whereas, rich, powerful, and politically connected defendants could choose to a(oid a )rial by a *ury of
the People, and choose rather to go before a *udicial Agent of the Go(ernment, li.ely to be fa(orable to
them7 and
Whereas, *ustice and :uity would not be ser(ed if the rich, powerful, and politically connected, who
ha(e an undue or special influence, are allowed to choose to go before a *udge, li.ely to be fa(orable to
them, rather than a randomly selected and impartial *ury of the People sworn to uphold *ustice and
:uity, according to #eason and a good Conscience7 and
Whereas, Prudence, indeed, will dictate that Constitutions long established should not be changed for
light and transient Causes, but only with, and after, due deliberation, discussion, and debate by the People,
and
Whereas, the Amendment to allow ;ai(er of )rial by *ury has not been fully and properly publici<ed to
the People for their due deliberation, discussion, and debate, now, therefore, be it
Resolved, )hat ;e, the undersigned People of North Carolina, find and declare the proposed Amendment
to be contrary and in&urious to our system of Chec.s and 9alances, and the fundamental principles of
constitutional and republican go(ernment7 and be it further
Resolved, )hat ;e, the undersigned People of North Carolina, shall retain our ancient, inherent, and
constitutional #ight to &udge both the People, and the Go(ernment, and be it further
Resolved, )hat ;e, the undersigned People of North Carolina, hereby 6ppose ratification of the proposed
Amendment, and the proposed changes to the "eclaration of #ights, and be it further
Resolved, )hat ;e, the undersigned People of North Carolina, will, with due diligence, and with
publicity in the media, warn others of the so(ereign People of the threat inherent in the proposed
Amendment, and ad(ocate for a (ote /Against0 on the No(ember 2014 General lection ballot'