7th Amendment Work Cited Page
FindLaw
McClenaghan, William A. American Government. Needham, Massachusetts: Prentice Hall, 1989.
Measuring Worth
National Constitution Center
Wikipedia
Tuesday, October 30, 2007
The 7th Amendment
Amanda Berger
October 30, 2007
Government/ Economics
The 7th Amendment
“In Suits at common law, where 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.”
On March 4, 1789, the government under the Constitution began operations. However it soon became clear that changes would need to be made over time and that they needed to include a few more basic rights. The first ten amendments were called the Bill of Rights and promised the citizens those liberties which the Constitution originally left out. These amendments to the constitution are very valuable to our every day lives, specifically the first ten.
The seventh amendment was proposed on September 25, 1789. It was proposed along with eleven other amendments. Out of those twelve, only ten were actually ratified. The first two proposed were left out of the document because they did not receive enough of a majority two become an amendment at the time. The first dealt with the number and apportionment of members of the House of Representatives. The second limited the ability of Congress to increase the salary of its members. This amendment did not receive enough votes at the time but it stayed in play as an idea until it received enough votes in 1992 and became the twenty-seventh amendment. The final ten that were ratified at the time were called the Bill of Rights. (McClenaghan)
“The United States Bill of Rights consists of the first ten amendments to the United States Constitution. These amendments limit the powers of the federal government, protecting the rights of all citizens, residents and visitors on United States territory. Among the enumerated rights these amendments guarantee are: the freedoms of speech, press, and religion; the people's right to keep and bear arms; the freedom of assembly; the freedom to petition; and the rights to be free of unreasonable search and seizure; cruel and unusual punishment; and compelled self-incrimination. The Bill of Rights also restricts Congress' power by prohibiting it from making any law respecting establishment of religion and by prohibiting the federal government from depriving any person of life, liberty, or property without due process of law. In criminal cases, it requires indictment by grand jury for any capital or "infamous crime," guarantees a speedy public trial with an impartial and local jury, and prohibits double jeopardy. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and reserves all powers not granted to the Federal government to the citizenry or States.” (Wikipedia)
The seventh amendment itself deals with Civil Trials and the right to a jury. A civil trial is a case that does not involve criminal matters. “It is a dispute between private parties or between the Government and a private party,” (McClenaghan 747). In these civil trials, a jury need not be appointed if the amount in question exceeds fifteen-hundred dollars. When the amendment was originally written, the amount was put as twenty dollars. Obviously, this was more money in 1787 than it is today. In fact, what was then twenty dollars would now be roughly $472.13. (Measuring Worth)
A jury is to be appointed if the amount is more than fifteen-hundred dollars. However it is not absolutely necessary to have one. Both parties may agree to have a bench trial. This means that the parties are judged by the judge without the aid of a jury. Many celebrities committed of crimes attempt to use this method since it obviously gets less attention from the press.
Linda Monk gives this very insightful quote in her book The Words We Live By: “The Seventh Amendment also limits a judge’s power to overturn factual decisions by a jury, which could otherwise render a jury’s power meaningless. Some Americans believe that, in an age of increasingly complex litigation, a civil jury is an incompetent artifact that actually endangers due process of law. Others argue that trial by jury, in both civil and criminal cases, ensures that the American people participate directly in self-government.” This means that the Jury has a more powerful vote than a judge in cases where a jury is utilized. Also, not everyone likes the idea of a jury. Some agree that it ensures a state of self-government when others say that it “endangers the due process of law.” (National Constitution Center)
This amendment does not apply directly to all courts of law. “The Amendment governs only courts which sit under the authority of the United States, including courts in the territories and the District of Columbia, and does not apply generally to state courts. But when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part, the States may not eliminate trial by jury as to one or more elements. Ordinarily, a federal court enforcing a state-created right will follow its own rules with regard to the allocation of functions between judge and jury, a rule the Court based on the ''interests'' of the federal court system, eschewing reliance on the Seventh Amendment but noting its influence.” (FindLaw)
This amendment may not seem necessary, however it is extremely useful. If you ever are required to go to court for an amount over fifteen-hundred dollars, this amendment makes sure that you can have a jury and a fair trial. Also, it encourages self-government which is one of the key ideas our government was founded upon. This is certainly an important idea and helps our government to grow and thrive in our modern society.
Work Cited on Next Post!
October 30, 2007
Government/ Economics
The 7th Amendment
“In Suits at common law, where 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.”
On March 4, 1789, the government under the Constitution began operations. However it soon became clear that changes would need to be made over time and that they needed to include a few more basic rights. The first ten amendments were called the Bill of Rights and promised the citizens those liberties which the Constitution originally left out. These amendments to the constitution are very valuable to our every day lives, specifically the first ten.
The seventh amendment was proposed on September 25, 1789. It was proposed along with eleven other amendments. Out of those twelve, only ten were actually ratified. The first two proposed were left out of the document because they did not receive enough of a majority two become an amendment at the time. The first dealt with the number and apportionment of members of the House of Representatives. The second limited the ability of Congress to increase the salary of its members. This amendment did not receive enough votes at the time but it stayed in play as an idea until it received enough votes in 1992 and became the twenty-seventh amendment. The final ten that were ratified at the time were called the Bill of Rights. (McClenaghan)
“The United States Bill of Rights consists of the first ten amendments to the United States Constitution. These amendments limit the powers of the federal government, protecting the rights of all citizens, residents and visitors on United States territory. Among the enumerated rights these amendments guarantee are: the freedoms of speech, press, and religion; the people's right to keep and bear arms; the freedom of assembly; the freedom to petition; and the rights to be free of unreasonable search and seizure; cruel and unusual punishment; and compelled self-incrimination. The Bill of Rights also restricts Congress' power by prohibiting it from making any law respecting establishment of religion and by prohibiting the federal government from depriving any person of life, liberty, or property without due process of law. In criminal cases, it requires indictment by grand jury for any capital or "infamous crime," guarantees a speedy public trial with an impartial and local jury, and prohibits double jeopardy. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and reserves all powers not granted to the Federal government to the citizenry or States.” (Wikipedia)
The seventh amendment itself deals with Civil Trials and the right to a jury. A civil trial is a case that does not involve criminal matters. “It is a dispute between private parties or between the Government and a private party,” (McClenaghan 747). In these civil trials, a jury need not be appointed if the amount in question exceeds fifteen-hundred dollars. When the amendment was originally written, the amount was put as twenty dollars. Obviously, this was more money in 1787 than it is today. In fact, what was then twenty dollars would now be roughly $472.13. (Measuring Worth)
A jury is to be appointed if the amount is more than fifteen-hundred dollars. However it is not absolutely necessary to have one. Both parties may agree to have a bench trial. This means that the parties are judged by the judge without the aid of a jury. Many celebrities committed of crimes attempt to use this method since it obviously gets less attention from the press.
Linda Monk gives this very insightful quote in her book The Words We Live By: “The Seventh Amendment also limits a judge’s power to overturn factual decisions by a jury, which could otherwise render a jury’s power meaningless. Some Americans believe that, in an age of increasingly complex litigation, a civil jury is an incompetent artifact that actually endangers due process of law. Others argue that trial by jury, in both civil and criminal cases, ensures that the American people participate directly in self-government.” This means that the Jury has a more powerful vote than a judge in cases where a jury is utilized. Also, not everyone likes the idea of a jury. Some agree that it ensures a state of self-government when others say that it “endangers the due process of law.” (National Constitution Center)
This amendment does not apply directly to all courts of law. “The Amendment governs only courts which sit under the authority of the United States, including courts in the territories and the District of Columbia, and does not apply generally to state courts. But when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part, the States may not eliminate trial by jury as to one or more elements. Ordinarily, a federal court enforcing a state-created right will follow its own rules with regard to the allocation of functions between judge and jury, a rule the Court based on the ''interests'' of the federal court system, eschewing reliance on the Seventh Amendment but noting its influence.” (FindLaw)
This amendment may not seem necessary, however it is extremely useful. If you ever are required to go to court for an amount over fifteen-hundred dollars, this amendment makes sure that you can have a jury and a fair trial. Also, it encourages self-government which is one of the key ideas our government was founded upon. This is certainly an important idea and helps our government to grow and thrive in our modern society.
Work Cited on Next Post!
Friday, October 26, 2007
October 27
October 27- Analyze the Republican field for the 2008 Presidential primary. Identify the strengths and weaknesses of the top 4 major candidates, and project the winner. Defend and support your choice. Be careful not to tell me who you would or would not vote for, but concentrate merely on their qualities and who will win the RNC nomination.
Rudy Guliani is definitely an experienced candidate. He was elected as Mayor of New York in 1993 and has made significant progress in fixing problems New Yorkers endure. "As Mayor, Rudy Giuliani has returned accountability to City government and improved the quality of life for all New Yorkers. Under his leadership, overall crime is down 57%, murder has been reduced 65%, and New York City - once infamous around the world for its dangerous streets - has been recognized by the F.B.I. as the safest large city in America for the past five years...Under Rudy Giuliani's leadership, New York City has become the best-known example of the resurgence of urban America. From his success at cleaning up Times Square and other public spaces around the City to closing the Fresh Kills landfill on Staten Island, Mayor Giuliani has worked tirelessly to pass New York to the next generation better and more beautiful than it was before he entered office."(source)
Also in the race is Fred Thompson. He is a fairly new candidate in this race yet he still has very strong beliefs on what he would like done in our government. He has been very outspoken on the issue of illegal immigrants. He has this to say on the topic, "The United States is a nation of immigrants. Throughout our history, legal immigrants have brought energy, ideas, strength, and diversity to our country, our economy, and our culture. This must continue. But in the post-9/11 world, immigration is more of a national security issue. A government that cannot secure its borders and determine who may enter and who may not, abrogates a fundamental responsibility."
John McCain is another leading candidate for the republican party. He also has a fairly impressive political background. He served in Congress as Arizona's Senator from 1982-1987. In the 2000 election, he was in the election against George W. Bush to be the Republican nominee however lost. I believe his greatest problem in this campaign will be his . They lead me to believe that he doesn't take important issues very seriously. However he will possibly receive some sympathy because of his being a tortured Prisoner of War for 5 1/2 years.
Finally, we get to The Massachusetts Governor Mitt Romney. He is very strong in his beliefs and appears to be a hard worker and a very dedicated politician. He has had to make some budget cuts while governor that has hurt his reputation, but helped our economy. "Every legislator and politician knows this spending can’t be justified, so why do they do it? Because it gets politicians praised — and re-elected. There’s no courage involved in spending more money. Drawing a line on spending is hard and fraught with criticism. When I vetoed $458 million of excessive spending in the budget this spring, I knew that community newspapers across the Commonwealth would decry my elimination of local pet projects. And, I knew that the Legislature would over ride most of my vetoes. In fact, they over rode all of them, to a chorus of community acclaim. But someone has to say no." [source]
Of all the republican nominees, i believe that Guliani has the most favor from the public. There is definitely alot of positive outcome from his past and much less negative than his competition. He has plenty of experience and apears to be a very qualified candidate. Certainly any of these nominees would be an excellent choice.
Rudy Guliani is definitely an experienced candidate. He was elected as Mayor of New York in 1993 and has made significant progress in fixing problems New Yorkers endure. "As Mayor, Rudy Giuliani has returned accountability to City government and improved the quality of life for all New Yorkers. Under his leadership, overall crime is down 57%, murder has been reduced 65%, and New York City - once infamous around the world for its dangerous streets - has been recognized by the F.B.I. as the safest large city in America for the past five years...Under Rudy Giuliani's leadership, New York City has become the best-known example of the resurgence of urban America. From his success at cleaning up Times Square and other public spaces around the City to closing the Fresh Kills landfill on Staten Island, Mayor Giuliani has worked tirelessly to pass New York to the next generation better and more beautiful than it was before he entered office."(source)
Also in the race is Fred Thompson. He is a fairly new candidate in this race yet he still has very strong beliefs on what he would like done in our government. He has been very outspoken on the issue of illegal immigrants. He has this to say on the topic, "The United States is a nation of immigrants. Throughout our history, legal immigrants have brought energy, ideas, strength, and diversity to our country, our economy, and our culture. This must continue. But in the post-9/11 world, immigration is more of a national security issue. A government that cannot secure its borders and determine who may enter and who may not, abrogates a fundamental responsibility."
John McCain is another leading candidate for the republican party. He also has a fairly impressive political background. He served in Congress as Arizona's Senator from 1982-1987. In the 2000 election, he was in the election against George W. Bush to be the Republican nominee however lost. I believe his greatest problem in this campaign will be his . They lead me to believe that he doesn't take important issues very seriously. However he will possibly receive some sympathy because of his being a tortured Prisoner of War for 5 1/2 years.
Finally, we get to The Massachusetts Governor Mitt Romney. He is very strong in his beliefs and appears to be a hard worker and a very dedicated politician. He has had to make some budget cuts while governor that has hurt his reputation, but helped our economy. "Every legislator and politician knows this spending can’t be justified, so why do they do it? Because it gets politicians praised — and re-elected. There’s no courage involved in spending more money. Drawing a line on spending is hard and fraught with criticism. When I vetoed $458 million of excessive spending in the budget this spring, I knew that community newspapers across the Commonwealth would decry my elimination of local pet projects. And, I knew that the Legislature would over ride most of my vetoes. In fact, they over rode all of them, to a chorus of community acclaim. But someone has to say no." [source]
Of all the republican nominees, i believe that Guliani has the most favor from the public. There is definitely alot of positive outcome from his past and much less negative than his competition. He has plenty of experience and apears to be a very qualified candidate. Certainly any of these nominees would be an excellent choice.
Thursday, October 4, 2007
October 6, 2007 (1-5)
Analyze the Democratic field for the 2008 Presidential primary. Identify the strengths and weaknesses of the top 4 major candidates, and project the winner. Defend and support your choice. Be careful not to tell me who you would or would not vote for, but concentrate merely on their qualities and who will win the DNC nomination. (you will be doing the same with the Republican field in your first blog of the second quarter)
The 2008 elections will certainly be an interesting sight to see. There are many very capable men running for this very important position in our modern government. Also, for the first time it seems very likely that we will be having not only those highly intelligent and qualified men running, as I mentioned earlier, but a woman as well. Hillary Clinton will be running on the democratic side this year, and she is one of the four top candidates for the democrats that I will be discussing.
As I mentioned, Hillary Rodham Clinton is doing extremely well in this election. She is best known as the wife of former president Bill Clinton (1992-2000). Regardless of whether she wins or not, this couple has surely been very influential on the U.S. Hillary is currently serves as senator to New York as of November 7, 2000. She was very involved in rebuilding her state after the September 11th attacks in 2001. She graduated from both Wellesley College and Yale Law School and is very well educated. She has also written many best selling books, including an autobiography and children’s books.
Another leading candidate is Barack Obama. At 46 years old, he and his wife have two small daughters. He definitely prides himself on being a family man, and I believe that this fact will get him very far in next year’s elections. He is a very strong leader in the fight for better schools and an improved education system. He is currently the Senator of Illinois, elected in January of 2005. “Obama graduated from Columbia University with a degree in political science and a specialty in international relations. He went on to Harvard Law School, where he graduated magna cum laude and served as the first African-American president of the Harvard Law Review.”(source)
Also running for the Democratic spot is 64 year old Joseph R. Biden, Jr., Delaware Senator. “Joseph R. Biden, Jr. was first elected to the United States Senate in 1972 at the age of twenty-nine and is recognized as one of the nation’s most powerful and influential voices on foreign relations, terrorism, drug policy, and crime prevention.”(source) I believe that this Senator’s biggest challenge with the voters will be his age, he is definitely not 29 years old any longer. “Prior to his election to the Senate, Biden practiced law in Wilmington, Delaware and served on the New Castle County Council from 1970 to 1972. Since 1991, Biden has been an adjunct professor at the Widener University School of Law, where he teaches a seminar on constitutional law.”(see previous source). He is also very well educated, having attended Archmere Academy, University of Deleware, and Syracuse University College of Law.
Our final candidate in the top four for the Democratic Party is Christopher J. Dodd. “Dodd served as a U.S. Representative from Connecticut from 1975 until 1981, when he became a U.S. Senator. He is now the state's senior Senator. He currently serves as Chairman of the Senate Banking Committee.”(source) This candidate will also have the issue of his older age working against him. After attending Providence College, he joined the Peace Corps for 2 years and then the U.S. Army Reserve.
Out of all these very qualified candidates, I believe the two that have the best chance are Obama and Hillary. They seem to not only have the personalities and dedication that the president should have, but the education to back it up. However of both of them, I would be most likely to vote for Obama.
The 2008 elections will certainly be an interesting sight to see. There are many very capable men running for this very important position in our modern government. Also, for the first time it seems very likely that we will be having not only those highly intelligent and qualified men running, as I mentioned earlier, but a woman as well. Hillary Clinton will be running on the democratic side this year, and she is one of the four top candidates for the democrats that I will be discussing.
As I mentioned, Hillary Rodham Clinton is doing extremely well in this election. She is best known as the wife of former president Bill Clinton (1992-2000). Regardless of whether she wins or not, this couple has surely been very influential on the U.S. Hillary is currently serves as senator to New York as of November 7, 2000. She was very involved in rebuilding her state after the September 11th attacks in 2001. She graduated from both Wellesley College and Yale Law School and is very well educated. She has also written many best selling books, including an autobiography and children’s books.
Another leading candidate is Barack Obama. At 46 years old, he and his wife have two small daughters. He definitely prides himself on being a family man, and I believe that this fact will get him very far in next year’s elections. He is a very strong leader in the fight for better schools and an improved education system. He is currently the Senator of Illinois, elected in January of 2005. “Obama graduated from Columbia University with a degree in political science and a specialty in international relations. He went on to Harvard Law School, where he graduated magna cum laude and served as the first African-American president of the Harvard Law Review.”(source)
Also running for the Democratic spot is 64 year old Joseph R. Biden, Jr., Delaware Senator. “Joseph R. Biden, Jr. was first elected to the United States Senate in 1972 at the age of twenty-nine and is recognized as one of the nation’s most powerful and influential voices on foreign relations, terrorism, drug policy, and crime prevention.”(source) I believe that this Senator’s biggest challenge with the voters will be his age, he is definitely not 29 years old any longer. “Prior to his election to the Senate, Biden practiced law in Wilmington, Delaware and served on the New Castle County Council from 1970 to 1972. Since 1991, Biden has been an adjunct professor at the Widener University School of Law, where he teaches a seminar on constitutional law.”(see previous source). He is also very well educated, having attended Archmere Academy, University of Deleware, and Syracuse University College of Law.
Our final candidate in the top four for the Democratic Party is Christopher J. Dodd. “Dodd served as a U.S. Representative from Connecticut from 1975 until 1981, when he became a U.S. Senator. He is now the state's senior Senator. He currently serves as Chairman of the Senate Banking Committee.”(source) This candidate will also have the issue of his older age working against him. After attending Providence College, he joined the Peace Corps for 2 years and then the U.S. Army Reserve.
Out of all these very qualified candidates, I believe the two that have the best chance are Obama and Hillary. They seem to not only have the personalities and dedication that the president should have, but the education to back it up. However of both of them, I would be most likely to vote for Obama.
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