The Fifth Amendment Is Falling Victim

894 WordsJul 10, 20154 Pages
In my life no one has ever made the attempt to censor my speech or written word. I have never been imprisoned with or without a speedy trial. No soldier has ever been quartered in my home and property has never been confiscated. No lawsuit has ever been brought against me and certainly not one where I am dealing with a corrupt judge. This is a testament to the power and enduring strength of the constitution, its existence negates its applicability to my life. However, this only continues to be the truth as long as a well educated population makes the constant choice between individual rights and expediency, between freedom and security. I fear that the seventh amendment is falling victim to a lack of such necessary vigilance and examination. Ratified in 1791, the seventh amendment protects the right to trial by jury in civil cases and for most of its history it has fulfilled its intention in this role. Unlike many other amendments, the seventh is not one that has not often been directly challenged. From its inception it has remained largely unchanged except for small practical adjustments. The seventh is not considered as essential to the protection of liberties and freedoms and this is reflected by it not being subordinated to the states. The seventh amendment’s efficacy is brought to question by rulings related to mandatory arbitration. An early case of this was in Gilmer v Interstate/Johnson Lane Corp. it was decided by the lower courts that Gilmer who wanted
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