In part, this may derive from the nullificationists' suspicion of politics; if the purpose of the jury's nullification power is either to supplant or check the lawmaking power of the legislature and executive, it would seem self-contradictory to ground legitimacy in an action by those bodies that would enact such a power.
Before moving on to the next argument that nullificationists use to support jury lawmaking, it is worth briefly considering whether the jury's minoritarianism might not in fact be a good thing.
Despite nullificationists' arguments to the contrary, even mercy is a goal that our criminal law system cannot afford to elevate bluntly to the fore.
(138.) Legislatures may be just as structurally flawed as the nullificationists argue.