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What is this?
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That in all capital or criminal prosecutions a man has a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgment of his peers. The Fifth Virginia Convention – Virginia Declaration of Rights (1776)
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That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights and ought not to be exercised. The Fifth Virginia Convention – Virginia Declaration of Rights (1776)
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That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles. The Fifth Virginia Convention – Virginia Declaration of Rights (1776)
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That the people have a right to uniform government; and, therefore, that no government separate from or independent of the government of Virginia ought to be erected or established within the limits thereof. The Fifth Virginia Convention – Virginia Declaration of Rights (1776)
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That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other and ought to be held sacred. The Fifth Virginia Convention – Virginia Declaration of Rights (1776)
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At the time this was written, “dispensing” a law did not mean to get rid of it completely but rather to allow a designated individual or group of individuals to disobey the law. To dispense in this case does not mean “to get rid of but rather to "grant a dispensation or exemption. This power to dispense a law was intended to be used by a king in order to make an exception for individual cases of hardship.
This article was particularly controversial due to the fact that many members of Parliament used it to support the Declaration of Rights (and the later Bill of Rights). In order to satisfy these members, the powers of “suspending” and “dispensing” were separated into different articles and the words “as it has been assumed and exercised of late” were added to Article 2.
This settled the aforementioned controversy because the words “of late” served as a vague reference to the use of the dispensing power by James II and arguably also by Charles II to gain toleration for Catholics as well as Protestant Dissenters.
Despite the addition of this vague reference, however, the Bill of Rights as a whole had the effect of permanently eliminating both the suspending and the dispensing power.
this is cool