Although it seems strange now, at the time of the nation’s founding, it was not uncommon for the U.S. Supreme Court to both conduct trials and hear appeals. In the very first jury trial conducted by the U.S. Supreme Court, State of Georgia vs. Brailsford, Chief Justice John Jay gave the following instructions to the jury:
“It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision…you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy.”
These instructions from the first Chief Justice of the United States, and a co-author of the Federalist Papers, demonstrates the historically correct role and power of juries. The Court did not grant to the jury the right to determine both the fact and that law, it simply recognized the juror’s right which it still has today.
However, today judges want to restrict juries to deciding matters of fact, and claim for themselves the final authority to decide matters of law. Persons have even been arrested for handing out literature near a courthouse explaining to potential jurors their true role and great power.
Read more at http://barbwire.com/2015/06/27/0655-we-the-people-have-the-final-say-on-same-sex-marriage-not-judges/