Our Wonderful Bill of Rights: The Sixth and Seventh Amendments
When the Roles of Prosecutor, Judge, and Jury Are Combined in One Person or Body, the Rights of Citizens Are No Longer Secure
Thomas Jefferson considered trial by jury to be "the only anchor yet imagined by man, by which a government can be held to the principles of its constitution." Every juror has the power to examine not only the facts of a case but the law itself, and to reject the application of the law if he finds it to be unjust in that particular case.
The Seventh Amendment to the United States Constitution protects our right to a trial by jury in a civil suit, but the growth of regulatory agencies has enabled unelected bureaucrats to bypass that safeguard - and instead act as prosecutor, judge, and jury.The Seventh Amendment states, "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." In The Federalist Papers, James Madison asserted that "the accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny." Yet, the regulatory agencies that can decide the fate of all American businesses are characterized by this very accumulation of disparate powers.
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Takeaways
- How juries are selected and instructed often determines how effective they are.
- Jurors are routinely screened on the basis of their philosophical or religious beliefs.
- Every juror has the power to examine not only the facts of a case but the law itself.
Did You Know?
The right of jurors to reject the application of a law to a specific defendant, or to reject the law altogether, is called
Resources
- U.S. Constitution Bill of Rights The Federalist Papers Eagle Forum The Heritage Foundation The Heartland Institute
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