Should the Seventh Amendment Civil Jury Trial Right Apply to the States?
The Volokh Conspiracy
JUNE 9, 2025
But when it comes to the Seventh Amendment, 36 out of 37 State Constitutions in 1868, guaranteed the right to jury trials in all civil or common law cases. Fully 98% of all Americans in 1868 lived in jurisdictions where they had a fundamental state constitutional law right to jury trial in all civil or common law cases. "
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