Seventh Amendment
"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."
— U.S. Constitution, Amendment VII (1791)
Understanding the Seventh Amendment
The Seventh Amendment preserves the right to jury trial in civil cases—disputes between private parties or between citizens and the government over money, property, and contracts. The Founders considered this right essential to liberty: placing fact-finding power in the hands of citizens rather than government-appointed judges.
The civil jury serves multiple functions in a free society. It brings community judgment to bear on disputes, provides a check on judicial and governmental power, and ensures that ordinary citizens participate directly in the administration of justice. Thomas Jefferson called trial by jury "the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."
State Authority
Unlike most Bill of Rights provisions, the Seventh Amendment has not been incorporated against the states through the Fourteenth Amendment. This means states have significant authority to regulate civil jury rights within their own court systems—including the power to provide greater protections than federal law requires.
The Disappearing Civil Jury
The civil jury trial has become increasingly rare. A combination of mandatory arbitration clauses, class action waivers, litigation costs, and procedural hurdles has made the constitutional right to a civil jury more theoretical than practical for most Americans.
Mandatory Arbitration
Pre-dispute arbitration clauses in employment contracts, consumer agreements, and service terms force disputes out of courts and into private arbitration forums chosen by corporations.
Class Action Waivers
Arbitration clauses that prohibit class actions make it economically impossible to challenge small-dollar harms affecting millions of people.
Litigation Costs
The expense of civil litigation puts jury trials out of reach for many Americans, even when arbitration is not required.
Forum Selection
Contract clauses that require disputes to be heard in distant or inconvenient forums effectively deny access to courts.
Key Precedent: AT&T Mobility v. Concepcion (2011)
563 U.S. 333
The Supreme Court held that the Federal Arbitration Act preempts state laws that prohibit class action waivers in arbitration agreements. Justice Breyer's dissent warned that the decision would "insulate [companies] from liability for small-dollar claims."
"Trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature."— James Madison, 1789
State Bills to Protect Civil Jury Rights
Because the Seventh Amendment has not been incorporated against the states, state legislatures have broad authority to protect civil jury rights within their own court systems. The following model legislation uses this authority to preserve meaningful access to jury trials:
Civil Jury Rights Preservation Act
Jury AccessPreserves the right to jury trial in state court for state law claims. Limits enforcement of jury trial waivers to knowing, voluntary agreements made after disputes arise or with independent legal counsel.
Key Provisions:
- Preserves jury trial right for all state law claims exceeding $500
- Limits pre-dispute jury trial waivers to agreements with independent counsel
- Requires clear and conspicuous disclosure of any waiver
- Voids waivers in contracts of adhesion for essential services
- Preserves right to jury even when federal claims are arbitrated
Arbitration Fairness Act
Fair ArbitrationEstablishes minimum fairness requirements for arbitration agreements enforceable in state courts. Preserves class action rights in state court for state law claims. Requires meaningful consent to arbitration.
Key Provisions:
- Requires 30-day consideration period before arbitration agreement is binding
- Mandates opt-out right for arbitration in employment and consumer contexts
- Prohibits class action waivers for state law claims under $10,000
- Requires neutral arbitrator selection process
- Limits arbitration fees for consumers and employees
Defend Civil Jury Rights in Your State
Download our model legislation and share it with your state legislators. States have unique authority to protect civil jury rights—authority that should be exercised to preserve this fundamental check on power.