The Merit of the Seventh Amendment in today's American Democracy

It would be easy for me to come up with a definitive answer to the question as to whether our Seventh Amendment right to have a jury in a civil trial is essential in today’s democracy. It would be easy to pander to what I believe the judges want to hear. The simple fact of the matter however, is that there is no correct answer to whether a civil trial is essential in today’s society; that is what makes our American democracy so beautiful. First off, I believe it is pertinent to state that the Seventh Amendment has not been incorporated by the Supreme Court. Likewise, the Ohio Constitution gives an extremely vague description of how juries should be handled in civil cases.   While I believe that each civil case should have a jury, I hold this belief with strong reservations. I support the United States Supreme Court’s decision in Slocum v. New York Insurance Company, which upheld common law that judges can nullify a jury’s verdict if it is contradictory to the evidence of the law. The power of judges to interpret laws was originally introduced in Marbury v. Madison, which gave the judicial branch the power that it possesses today. In short, the Seventh Amendment should be enforced to ensure that the judicial branch does not retain too much power; judges, however, should be granted the power to reverse the jury’s decision if they do not see the verdict germane to the law.

President Lincoln once famously proclaimed that we have a government “of the people, by the people, for the people”. Our founding fathers recognized the need for citizen involvement by the people to make the American democratic system work for the people. From the judge, to the jury, to the lawyers, to the bailiff, the judicial system is made of the people of the United States of America. During his years as president, Lincoln saw a nation divided. President Lincoln realized that without the citizens keeping a check on the government, and the government keeping a check on its citizens, that the American system of democracy would become seriously flawed (See: Civil War). While the judicial system must have control over the people, the people must also check the judicial system to ensure that there is no misconduct afloat. Our present system maintains this healthy balance between the judicial branch and the people. As we are granted a trial of our peers and even by our peers, we are assured that neither the judge nor the jury can withhold a proper judgment against us. That is the beautiful thing about our American democracy; while we may have messed up, we are still guaranteed a fair trial, we are assured a just decision. There is an easy answer to whether a trial by jury is essential to our modern democracy; look at our present judicial system. Quaere omnia, ibi veritas iacit; question all things, the truth lies therein. (Yes, I had to look up the Latin translation!)