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.




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