Of
late I have noticed that members of groups claiming to be great patriots--even to
the extent of dressing like Paul Revere--are all about following the
Constitution of the United States.
Many of them even boast of carrying a copy of the Constitution in their
pocket. This is a call to arms to
those who really advocate preserving the ideals embodied in our Constitution
and its amendments.
I
specifically call attention to Article VII which reads as follows:
“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.[1]”
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.[1]”
For the last several years Republican
judges and Republican state legislators, particularly in Texas, have carried
on a relentless war against this particular article of the Constitution. While they lack the courage to admit
they wish to diminish justice served up by a jury of one’s peers, they disguise
their attack with "good" sounding phrases like "tort reform." An even more subtle attack is clothed
in the piously phrased goal of reducing costs and making justice more
accessible to the poor.
Jury
trials, contingent fees, provisions against forced arbitration and consumer
protection laws which assure attorneys’ fees and costs against wrongdoers for
years in this country have been provisions which allow the weak to stand on an
even par, at least for a time, with the wealthy and powerful. If you take stock of conservative
legislators and Republican justices you can easily document the on-going attack
against juries.
I
offer as evidence the accounting of jury trials which have withstood attacks
from insurance companies and super-rich corporations. At last count, of 23 jury trials which have been appealed to
the Texas Supreme Court, approximately 19 of them were reversed, substituting
the 9 justices’ opinions for the opinion of 12 citizens who actually heard the
facts and saw the witnesses in the case.
A recent case in the Supreme Court of the United States has approved
mandating arbitration requirements in employment contracts. For many years these have been
prohibited on public policy grounds.
An individual seeking to be employed by a multi-billion dollar
corporation has little standing to object if required to surrender his access
to a jury trial for wrongdoing to the prospective employers’ demand that
arbitration be substituted for access to the court. Conservative court opinions have steadily encouraged more
and more arbitration in lieu of access to the courthouse.
Actions under the heading of tort reform and alternate dispute resolution in fact have undermined Article VII of our Constitution. It demonstrates corporate America's mistrust of American citizens who might serve on juries. I can only hope that those who love our nation’s Constitution will raise their voices in protest at this outrageous attack on the foundation of our judicial system.
Actions under the heading of tort reform and alternate dispute resolution in fact have undermined Article VII of our Constitution. It demonstrates corporate America's mistrust of American citizens who might serve on juries. I can only hope that those who love our nation’s Constitution will raise their voices in protest at this outrageous attack on the foundation of our judicial system.