Seventh Amendment - Civil Trial by Jury
Original Text
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.
In Plain Language
In federal civil lawsuits worth more than $20, you can request a jury trial. Once the jury decides the facts, appellate courts generally can't overturn those findings—they can only review legal errors. This "Reexamination Clause" preserves the jury's role as the finder of facts.
The Seventh Amendment applies only in federal civil courts. The Supreme Court has never incorporated it against states, meaning states don't have to provide civil jury trials at all. Most states offer them through their own constitutions and statutes—but as a matter of state law, not constitutional mandate.
The $20 threshold was set in 1791 and has never been updated. Courts have held there's no requirement to adjust it for inflation; the figure sets a floor, not a dollar amount courts actively police.
Historical Significance
Civil lawsuits over $20 get jury trials if requested. The Founders valued jury trials as protection against corrupt judges — juries had acquitted colonists charged with resisting British rule.
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Historical Context
English common law guaranteed jury trials in civil disputes, and colonists valued this right as protection against Crown-appointed judges who served at royal pleasure. Civil juries kept ordinary people in the courtroom as decision-makers in disputes over money and property. The $20 threshold was meaningful in 1791, equivalent to several weeks of wages for a skilled laborer.
The Reexamination Clause was equally important to the Founders. Appeals courts reviewing jury verdicts could only check whether the jury was correctly instructed on the law—not whether the jury's factual conclusions were wrong. This preserved the community's judgment as a check on appellate judges who might favor powerful parties.
The lack of incorporation reflects a broader pattern in Fourteenth Amendment doctrine: the Supreme Court incorporated most of the Bill of Rights against states through a gradual case-by-case process, but the Seventh Amendment never made the cut. The Court in Minneapolis & St. Louis Railway Co. v. Bombolis (1916) held that the Seventh Amendment applied only in federal courts—and that position has never changed.
How This Shows Up Today
The Seventh Amendment's reach is shrinking in practice. Arbitration clauses in employment contracts, credit card agreements, and app terms of service waive jury rights, and the Court has consistently upheld these waivers. In SEC v. Jarkesy (2024), the Court ruled 6-3 that when the SEC seeks civil penalties for securities fraud, defendants have a Seventh Amendment right to a federal court jury trial—not just an administrative proceeding before an agency judge. The decision raised questions about the legality of other agency enforcement proceedings that impose civil penalties.
Applies only to federal courts, not states
Does not apply to administrative proceedings
Arbitration clauses can waive jury rights
Discussion Questions4
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