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The Inquisition is Unconstitutional

A Tract Book Essay

By

Anthony J. Fejfar, J.D., Esq., Coif

© Copyright 2007 by Anthony J. Fejfar

The Inquisition is Unconstitutional. What is the Inquisition? The

Inquisition is a judicial proceeding where the Judge runs the proceeding and

there is no need for a plaintiff’s attorney or a prosecutor. Even the attorney

for the defendant is not allowed to fully participate.

The Inquisition is a total denial of Procedural Due Process. For

example, let us say that the Inquisition is being used in a criminal case and

the defense attorney files a motion to exclude certain evidence because it

was unconstitutionally obtained. A judge who was sitting as the Inquisition

clearly would have a conflict of interest in deciding the motion. The judge

is essentially both the prosecutor and the judge and thus has an interest in

allowing the the arguably unconstitutionally gathered evidence to be

admitted. This conflict arises with every motion or objection that he

defense might file or raise. If nothing else, the conflict of interest problem

renders the Iquisition unconstitutional.

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Additionally, the 7th Amendment to the United States Constitution

guarantees a jury trial in all civil cases involving the common law. I argue

that the Inquistion is based upon and follows the common law. Therefore,

the Inquistion is invalid since the judge cannot replace the jury.

Finally, the United States Supreme Court, in the case of Fuentes v.

Shevin, cited Magna Carta, the British Constitution with approval. I argue

that Magna Carta is applicable in the United States as a common law

provision, if not a Constitutional one. Magna Carta, which was enacted in

approximately the year 1215, long before the Spanish Inquisition became

active, provides that a person cannot be disposed of life, liberty, or property

with a trial based upon due process or a jury of one’s peers. Due process,

as the “law of the land,” is basically based upon Natural Law and cannot be

abrogated by the courts or the legislature . Magna Carta means the end of

the Inquistion in the United States. Additionally, a person cannot be exiled

without due process and a Magna Carta jury. I argue that every United

States citizen is entitled to a trial with due process and a trial by one’s peers,

as one chooses them, under Magna Carta.

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