The Seventh Amendment : The Importance Of The Seventh Amendment

The framers added the Bill of Rights to the U.S. Constitution to ensure citizens’ basic rights. The Ninth Amendment guarantees rights not stated by the Constitution and reads as follows: "The enumeration in the Constitution of certain rights, shall not construed to deny or disparage others retained by the people”.

The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.

We live in a very litigious society. To combat this in 1925 Congress passed and President signed the Federal Arbitration Act that allowed some civil cases to avoid the courts and be determined by binding arbitration. Most of the cases involved business to business contractual arrangements. The idea was that between relatively equal entities, arbitration was a reasonable alternative to having your day in court. The Seventh Amendment is rooted in common law and was a recognition that equality in civil matters was necessary for a just system of government. Over the years the courts have allowed more and more cases to be governed by the FAA. The expansion of the legality of the act has put the Seventh Amendment on a slippery slope to irrelevancy. An idea the founding fathers thought was a vital underpinning of a civil society is being undermined. This trend is not beneficial to the country. It leads to systemic inequality, which leads to erosion of individual rights and undermining the rule of law.

The famous Founding Fathers of the United States created critical documents to protect the citizens of the country they were establishing. These documents included the Declaration of Independence and Bill of Rights. The latter, the Bill of Rights, ensures certain rights to all citizens, and the Eighth Amendment in particular, protects citizens against cruel or unusual punishments for breaking the law. When analyzing the protection under the Eighth Amendment one must also look at all the aspects of the law including: the history of the law, the modern uses and abuses of the law, and the law’s current effectiveness.

The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.

The Ninth Amendment offers a protection to the American people, expressing that Americans have more inherent, fundamental rights beyond those that are listed in the Bill of Rights. Even though the first ten amendments to the Constitution were approved to ensure all citizens were granted the same basic freedoms all persons should have, the Ninth Amendment was instrumental in the foresight towards the future and enumerable rights. Though the Amendment was written out of concern that the Bill of Rights would not in fact cover fundamental human rights, the Amendment is still left to the courts to determine exactly what rights the Amendment does and does not protect. Despite many of the other Amendments within the Bill of Rights explicitly stating rights of the Federal Government and protections of the American people, the Ninth Amendment is more open-ended and left to the judgment of an enforcer.

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 founding fathers decided it would be beneficial to create the sixth amendment in 1789 in attempt to codify fairness. When thinking about what the word fair means, one should think of a “marked by impartiality and honest: free from self-interest, prejudice, or favoritism” (Fair). Overall, the sixth amendment was created to “guarantee the right to criminal defendants, including the right to a public trial without unnecessary delay, the right to know who your accusers are and the nature of the charges and evidence against you” (Sixth Amendment). This means every individual who is being charged of a crime, is required to have a speedy and public trial, an impartial jury, notice of accusation, confrontation, and counsel. Since all

On one hand many critics argue that the American jury system is no longer a good idea. On the other hand, some may disagree and say the American jury system is still a good idea. According to this view, one can readily agree that the American jury system gives the people a say in what is relevant to today. “The role of jury service in promoting self-governance and civic participation...the United States Constitution viewed jury service as a critically important feature of self-governance and enshrined [guaranteed] the right to serve on juries in the Seventh Amendment” (Document C). While the essence of John Weiser is that the jury system promotes civic participation, such a stance is invalid because their judgement can be clouded. Therefore, even though the American jury system does have its benefits, the jurors choice whether the convicted should be punished can be

Having the 6th amendment helps and protects us by giving us many rights. The 6th amendment has many different rights like A trial by a jury (in most cases) The jury to hear all of the witnesses and see all of the evidence Presence at the trial and while the jury is hearing the case and many more.

presentment and have been indicted by a Grand Jury. This allows for people to “plead the 5th” in court. The text of the Sixth Amendment states that in all and any criminal prosecutions, the accused will be given the right to a public and speedy trial, by an impartial jury of the district and state where the crime took place. The Seventh Amendment gives an individual a right to have a trial by jury instead of judge to some civil cases. The Supreme Court ruled in Justices v. Murray, 76 U.S. 9 Wall. 274 274 (1869), that the Seventh Amendment is not only limited in being applied to civil lawsuits that are tried before juries found in United States courts, but is also applicable in cases that are tried before a jury when at a state court. The

Each amendment of the Bill of Rights grants us different rights. The First Amendment gives us freedom of speech, freedom of press, freedom of religion, the ability to peacefully assemble, and the right to petition the government. The Second gives us the right to bear arms and maintain militias. The Third makes it so that we don’t have to house soldiers in our homes without our consent. The Fourth protects us from unreasonable searches or seizures of ourselves or our possessions. The Fifth gives us the right to due process, gives us the right to a fair trial, protects us from double jeopardy, protects us from incriminating ourselves, and doesn’t allow for the government to seize our property without paying us the market value. The Sixth gives us the right to have a trial by jury and gives us the other rights of the accused. The Seventh allows for us to have a civil trial by jury. The Eighth prohibits the use of excessive bail and prohibits cruel and unusual punishment. The Ninth protects rights that aren’t enumerated in the Constitution, which just means that it protects the rights that have been inferred from other legal rights. The Tenth Amendment makes it so that powers that aren’t given to the United States government by the Constitution are given to the states or the people, unless the powers are prohibited to the

The government decided after several years that their comparative weak government under the Articles of Confederation, and proposed a new constitution on September 17, 1787. Hugh Williamson proposed a guarantee of trail by jury in the federal civil cases, but the motion to add this was not supported. The case didn’t go away since James Madison wanted to add the Seventh Amendment to the Bill of Rights. Congress proposed a revised version of the Seventh Amendment to the states on September 28, 1789, and by December 15, 1791, the necessary three-quarters of the states had ratified it. Also, “no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law”. It is against United

Not every wrong doing can be a crime, and even if it 's a crime, the punishment for the damages might not be enough. This amendment give an alternative to sue another party for loss of value of something. Only so many laws can be written, so the option to make your own case over a specific issue not previously defined is a huge privilege. Also, because the same case can’t be tried twice, a lawsuit isn’t the same and can be used accordingly. The most famous case of the example I just presented was the O.J Simpson 's case where he was found not guilty in court, but guilty of the murders in a lawsuit made by the families.

The seventh amendment is one of the provisions that has controversial information. It states that suits at common law…… the right of trial by jury shall be persevered. In this context, common law can be said to mean many things in common. In some way, it can mean judge made law in this case when one examines the judge founded laws as opposes to the statutes (Sellers, 2016). Second, it can be said to mean a particular body of law which was created and originated from the legislature. In the third context, it can mean Anglo-American law which opposes the European civil law (Sellers, 2016). In this case, it was derived from the Roman law. In the end, it can also mean that it can be linked to any law which historically was enforced in the common-law