Amending the Amendments Article Review

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The reality is that most jurisdictions have, in effect, changed this requirement by designating specific courts as small claims courts, where disputes are not settled by juries. Moreover, even in federal-level litigation, the amount in controversy required for most suits means that many litigants lack standing to proceed in a federal court, much less have a jury trial. What this amendment demonstrates is that the process for amending the Constitution has failed to keep up with the changes that are warranted by that process. To work around the fact that the modern court system would grind to a halt if every person with a twenty dollar dispute were entitled to a jury trial, the Courts have interpreted this amendment to mean that people are entitled to a jury trial if they would have been entitled to one under the common law. However, that is clearly not adhering to the text of the amendment.

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Inflation has dramatically changed what this amendment would mean. Rather than allowing judges to attempt to place a modern interpretation on the amendment, it would be far better to eliminate it and draft a new amendment to the Constitution that would specifically address the circumstances that give rise to the right to trial by jury and perhaps institute guidelines for when those circumstances should be reconsidered......

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