[LFC Comments: Community Activist Dave Black is petitioning the Ohio General Assembly for violation of the 1986 Vaccine law]
Written by Dave Black of Lake County, Ohio
The US and Ohio Constitution guarantee the right to a jury trial. The 1986 Vaccine law has violated this right by holding vaccine manufacturers and administrators harmless from civil suit.
This fundamental right protects you as a citizens with equal rights under the law.
We are petitioning the State of Ohio to uphold its Constitutional duty to nullify any law that violates the Constitution.
The petition spells out the issue at hand. Please read the entire petition to fully understand this issue and what we are asking for.
To: The Ohio General Assembly
Re: Petition to the Ohio General Assembly for a redress of Grievances (Article 1, Section 3, Ohio Constitution)
Per the Ohio Constitution’s Article 1, section 3, we hereby petition the General Assembly of Ohio for the redress of grievances that the 1986 Childhood Vaccine Act violates the Ohio and U.S. Constitutions.
The right to a trial by jury in civil cases is one of the most cherished rights held by the citizens of this country. For example, the Declaration of Independence enumerated specific abuses and usurpations by the King of Great Britain having in direct object the establishment of absolute tyranny over the States. One itemized case of abuse was “for depriving us, in many cases, of the benefits of trial by jury.”
Patrick Henry, a member of the Virginia House, on June 5, 1788 stated the following objection at the Virginia ratifying convention of the original Constitution (which contained no Bill of Rights): “The rights of conscience, trial by jury, liberty of the press, all your immunities and franchises, all pretensions to human rights and privileges, are rendered insecure, if not lost, by this change.”
The 7th Amendment of the U.S. Constitution states: “In suits at common law, when the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”
Article 1, Section 5 of The Ohio Constitution states the following: “The right of trial by jury shall be inviolate, except that, in civil cases, laws may be passed to authorize the rendering of a verdict by the concurrence of not less than three-fourths of the jury.”
Any law made by the Federal Government or the State of Ohio that violates this explicit provision in the Constitution is an illegal law and should be rendered null and void.
In 1986 Congress passed The National Childhood Vaccine Injury Act, which includes the National Vaccine Injury Compensation Program (VICP). This violates both the U.S. and Ohio Constitutions by holding the vaccine industry, doctors, hospitals and administrators harmless from civil suit. The law eliminates the right to a jury trial. (1)
Under the VICP, once a petition is filed with the U.S. Court of Federal Claims, it is assigned to a federally appointed Special Master. The Special Master is a judicial officer who examines the evidence and adjudicates the claim. No jury is used. Standard rules of evidence do not apply. (1)
Total compensation paid over the life of the VICP is over $3.3 billion. Claim payments are funded by a $0.75 excise tax on vaccines. (1)
This situation is exactly what our founders intended to prevent, as it is ripe for corruption by the powerful.
We the undersigned therefore request that the Ohio General Assembly immediately strike down the unconstitutional provision of the aforementioned law that prevents a trial by jury, by declaring it null and void in the State of Ohio; and immediately reinstate every Ohio citizen’s constitutional right to a jury trial should they be injured by a vaccine.
- Ohio legislative Service Commission, memorandum, 1/14/16, Elizabeth Molnar, Staff Attorney. (attached)