PROTECTION AGAINST JUDICIALAND CORPORATE CORRUPTIONWhen our Founding Fathers ratified theConstitution, they imagined a new nation basedon the fundamental principles of fair and equaljustice, freedom and liberty, and an unobtrusivegovernment beholden to “we the people.” TheSeventh Amendment is one of the moststraightforward, yet markedly consequentialriders in all the Constitution.There are two parts to the Seventh Amendment.First is the Preservation Clause, a provision thatgrants access to jury trials in federal civil (i.e.,non-criminal) cases like discrimination cases,class actions, consumer safety actions, catastrophicpersonal injury lawsuits, and corporate corruptioncases, to name a few. It’s not entirely clear whythe framers settled on twenty dollars as the decisivesum. It is indeed “mysterious,” says one scholarlyarticle, but “no one believes that the Clause bearson the right protected by the Seventh Amendment.”Second is the Re-examination Clause, whichestablishes that if jurors are impaneled, they arethe ultimate fact-finders and best-suited to renderreasonable, fair and just resolutions tocontroversies and disputes. This second clauseforbids any court from re-examining or overturningfactual determinations made by a jury. Of course, ifit’s later found, on appeal, that legal errors weremade during the trial or evidence was insufficient,another jury may re-examine the case. The point isthat the decision stays in the hands of the people.Thus, the Seventh Amendment preserves thecommon law distinction between the province ofthe court and that of the jury. Issues of law areresolved by the court and the jury, under the court’sinstructions, decides the facts.By declaring a right to a trial by jury in mostnoncriminal federal lawsuits, our Founding Fatherssignaled their view that threats of corporate andjudicial corruption are best combatted by “we thepeople” performing the vital function of jury duty,one of the most important civic duties a person canbe called to do. Not only does the SeventhAmendment protect against corruption in thecourtroom, but it also prevents a trial judge fromwearing too many hats, having too much controland playing too many roles.It is through this Amendment that wrongdoers areheld accountable by and to their peers for harmfulconduct unacceptable by civil and decent societies.23
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