SRSA Essay Contest: 2025 - Call for Entries

Why is the Seventh Amendment as important today as ever?

In 2016, The American Bar Association commissioned a four-year study to analyze the decline in federal civil jury trials in the United States. It was found that "The percentage of federal lawsuits decided by jury trial dropped from 5.5 percent in 1962 to 0.8 percent in 2013. The percentage of federal criminal cases decided by jury trial dropped from 8.2 percent in 1962 to 3.6 percent by 2013" ("Resuscitate the Seventh Amendment"). The decline of trial by jury in federal, civil, and criminal lawsuits is prominent in a modern setting but was widely considered a staple in English and Colonial societies (Dilly). This downturn in trial-by-jury cases is likely due to expenses and efficiencies, but most argue that protecting constitutional rights outweighs the cost (Thomas). The Seventh Amendment remains as essential today as ever, serving as a key safeguard in potential government overreach, protecting citizens' fundamental freedoms, and upholding the democratic principles envisioned by the founding fathers despite the contemporary challenges and shifts in legal trends.

The constitution states, "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." (7th Amendment of the United States Constitution), i.e., it protects the people's rights to a jury trial in federal courts for civil lawsuits involving claims totaling more than a set amount of money. It also prohibits Judges from overruling what the jury presents (Dilly). Compared to other modern legal systems, the United States appears as an anomaly due to its use of trial by jury. Although it may seem unorthodox to many, trial by jury was a tool used in the early stages of American retaliation against Great Britain (Dilly). The British Parliament asserted that American Colonies had to follow and enforce the laws they enacted, preeminently the laws in relation to the court and justice system (Dilly). Americans were given the ability to nullify ordinances England passed down to them through the use of juries, further separating England from its colonies and allowing America to move closer to Independence. By the time of the Revolution, several of the new states' constitutions had specifically established citizens' right to juries in civil and criminal cases (Dilly). Perspectives on civil juries began to diverge with the emergence of more outspoken Federalist and Anti-Federalist notions regarding the potential Amendment. Regardless, the right to civil juries was added to the Constitution (Dilly).

Presently, the Seventh Amendment is more important than ever. Our civil justice system holds to the idea of personal responsibility (Protect the 7th). The premise is that the person who caused the damage pays for the damage. If the 7th Amendment were to dissolve, it would cause a fluctuation in regulations and a decrease in personal responsibility. The civil justice system is most efficient locally, handling civil disputes and claims, as opposed to state-level or federal courts, which are far more immoderate price-wise and far more time-consuming (Protect the 7th). The founding fathers' intention for jury trials was a form of safeguard for our democracy by acting as a system of checks and balances while also eliminating potential bias a judge may have as opposed to 12 people from the community selected at random (Thomas). Eliminating trial by jury would ultimately undermine the intentions of our founding fathers and cause a deterioration of our civil justice system.

Richard Henry Lee stated, "Trial by jury in civil cases, ... trial by jury in criminal cases, [and] the benefits of the writ of habeas corpus ... all stand on the same footing; they are the common rights of Americans." (Lee), highlighting the importance of the 7th Amendment and habeas corpus. He concludes that trial by jury in both civil and criminal cases, along with habeas corpus, are all foundational rights of an American. His inclusion of habeas corpus only further pushes the idea of personal rights and liberties within the American justice system that must be preserved.

Thoughts of these freedoms are continuously referenced, one of the most notable being President Thomas Jefferson's First Inaugural Address. He states, "Freedom of religion; freedom of the press; … trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of Revolution and reformation. The wisdom of our sages and the blood of our heroes have been devoted to their attainment.  They should be the creed of our political faith, the text of civil institution, the touchstone by which we try the services of those we trust; and should we wander from them in moments of error and alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty and safety." (Jefferson). In other words, he describes freedom of the press, religion, and trial by an unbiased jury. Moreover, these ideas led the way throughout a period of reform and transition. He also states that if we stray from them in a moment of crisis, we should move quickly to get back on the path that is the only one that leads to safety, liberty, and peace. Ideas presented by figures like these only further push a call for the protection and implementation of the 7th Amendment in our modern system of justice.

God Bless America

Works Cited:

"Amdt7.2.1 Historical Background of Jury Trials in Civil Cases." Historical Background of Jury Trials in Civil Cases, Constitution Annotated, Accessed 25 Jan. 2024.

Dilley, Nicholas J. "'Constitutional Amendments' Series – Amendment VII – 'the Right to Jury Trial in Civil Affairs.'" "Constitutional Amendments" Series – Amendment VII – "The Right to Jury Trial in Civil Affairs," National Archives and Records Administration, 18 Aug. 2022. Accessed 25 Jan. 2024.

"Protect the 7th Amendment." Michigan Justice, Michigan Association For Justice. Accessed 25 Jan. 2024.

Cohen, Andrew, and Suja Thomas. "Is There Any Way to Resuscitate the Seventh Amendment Right to Jury Trial?" Brennan Center, Brennan Center for Justice, 20 Nov. 2023. Accessed 25 Jan. 2024

Smentkowski, Brian P. "Seventh Amendment United States Constitution." Britannica, Encyclopædia Britannica, inc., 1 Dec. 2023.  Accessed 25 Jan. 2024

What the Constitution means to me is a question that brings me to my knees. I want to scream: FREEDOM, PRIVILEGE, OPPORTUNITY and RIGHTS. The Founding Fathers were not perfect, but created this living document, The Constitution of the United States, in such a way that it continues to be as relevant today as it was in 1787. It acts as the foundation for this great and beautiful nation. The Constitution entitles every American, including myself: freedom, equal rights, opportunity, and the privilege to make our own decisions without the government controlling or dictating our every move. To be an American citizen in the United States in 2023, it gives me great pride, purpose, and a life of equality and liberty.  

When I think about the start of our country, I think about the inequalities as it pertains to the chains of slavery. I would be remiss without addressing that one might think that the Constitution had no regard to the enslaved. This gives me great pause. What continues to astonish me is the way in which these Founding Fathers: a group of white educated men with meaningful intentions, did not bear the burden of eliminating slavery. When in fact, they had to make a sacrificial compromise to keep the union together. I marvel at their ingenuity. They had the foresight to allow adaptability to the Constitution. Fortunately, the strategic way in which they composed the most important living document, allowed for change and amendments. This came to fruition when Abraham Lincoln signed the 13th Amendment abolishing slavery.  I am proud to be a part of a nation that rights its wrongs. It is extraordinary to me that the amendments have all moved morally forward. This formidable empowerment is why I absolutely love the Constitution. 

The freedom I was born with, and afforded as an American citizen is an incredible privilege. The First Amendment gives Americans five essential freedoms: the freedom of speech, press, petition, assembly, and religion. I have the right to live a free life that my brothers and sisters in other countries plainly don't get, where citizens can be persecuted for their opinions. The Honorable Sandra Day O'Connor said “It is quite simply, the most powerful vision of freedom ever expressed” (constitutioncenter.org). My Constitution protects my freedom where it is written “Secure the Blessings of Liberty'' (preamble). My Constitution mandates a Government that serves me. The Legislative, Executive, and Judicial branches were all designed to make laws that protect my rights. The “checks” and “balances,” secure accountability.  I have endless opportunities to go to school and pursue my interests. I have opportunities to work hard and achieve greatness, being the best person I can be. I consider it remarkable that I have the right to practice my religion, while my friends have the right to practice theirs. I have the right to live without discrimination or bias because of my gender. I’m very excited that in a few years I will have the right to vote. 

In conclusion, the Constitution will continue to evolve and will be valued today, tomorrow, and for future generations. I truly thank my lucky stars I was born in America, where  I have the privilege of using my voice and can speak freely. I am grateful that the Constitution is the blueprint of our democracy. Most of all, what the Constitution means to me is that it is not just about, “ME",  Dylan Donigan- It’s about, “WE”- “ALL OF US”. It’s about a shared sense of purpose, moving morally forward, in a country that provides equality, privilege and opportunity for all. 

A Constitutional Identity

Freedom, liberty, and equality for all were ideas unheard of in the world for most of its history, so when a group of men outlined grievances against their king and signed the Declaration of Independence on July 4, 1776, they sent shockwaves throughout the world. To examine the purpose of the Constitution that followed, one must first find what the Constitution seeks to solve. The Constitution has provided an overall framework for self-governance for centuries in the United States. However, when considering how America has progressed and modernized, it becomes clear that the purpose of the Constitution is not to simply give a set of laws but to establish an identity for the nation in how it protects its people. 

In the Preamble, the necessary objectives of the Constitution quickly become apparent, but the Constitution proves itself to be much more profound. Its written goal was, of course, to establish justice, peace, strength, and liberty through three branches of government. In clearly outlining the objectives for the legislature, executives, and judiciaries in the first three articles, the Framers ensured that the country was in the hands of a stable system rather than conscribed by the limits of the nature of humankind. John Adams furthered this when he stated in Novangulus No. 7 that the Constitution created “a government of laws, not of man” (Adams). Wary from tyrannical British rule, the Americans at first swung the pendulum too far in the other direction. The Articles of Confederation threw the country into disorder due to its anti- centralized nature, portraying weakness in the federal government and causing uprisings and dissent. The Constitution sought a middle ground, maintaining that some centralized power was necessary to preserve liberty but placing that power in the hands of the people. The result was a system of government that favors its citizens and inspires them with a spirit of perseverance and determination. This spirit, combined with other factors such as free enterprise, makes America the most economically mobile country in history, where one can be born into nothing yet reach the pinnacle of wealth and status. The spirit of Americans is the result of the Constitution, in which the federal government gives the power to the people and lets them express it as they wish. 

The true magnificence of the Constitution is how it affects the character of the country in regards to the freedoms outlined in the First Amendment and the way it extends those freedoms to all through Article V. In the United States, a society where liberty is guaranteed, citizens can find it difficult to understand how rare this independence truly is. One can even put aside the violent autocracies and dictatorships in the world and turn to United States allies such as France and Canada, where a large bulk of citizens actively support the limitation of freedom of speech, religion, and assembly. In this regard, the freedom found in the United States is distinctly unique. When the Constitution was written, this American freedom certainly did not apply to all. Still, if one characteristic applies to all Americans, it is that bondage and inequality are intolerable and will not remain. Of course, the Framers accounted for change, with Article V stating that “Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution” (United States Constitution. Art. V). This large majority allows the country to progress while staying grounded in its original paragons. As New England Law School President John O'Brien stated, amending the Constitution through Article V shows “a clear textual basis for recognizing when change is necessary, ensuring the rule of law and making it inappropriate under our system of separation of powers for unelected justices to effect that change by judicial fiat” (O’Brien). Making the Constitution perfectly durable shows remarkable foresight by the Framers. They acknowledged that the world would drastically change in centuries, so they ensured that the country would be well prepared to deal with this change. The First Amendment and Article V show how even though time passed, the Constitution still represents the core value of freedom held by the American people. 

Political analyst Yuval Levin states that the Constitution is not “simply an answer to the question ‘What should the law be?’ Rather, it is more like an answer to the question ‘How shall we govern ourselves, given our divisions and diversity, our commitment to some core self- evident truths, and our desire to be a free and just society?” (Levin). By answering these questions concisely, the Constitution established an identity for the nation and changed the world forever. Thus, President Calvin Coolidge was entitled to say that “to live under the American Constitution is the greatest political privilege that was ever accorded to the human race” (Coolidge). 

Works Cited 

• Adams, John. “Adams Papers Digital Edition.” Adams Papers Digital Edition – Massachusetts Historical Society, Massachusetts Historical Society, https://www.masshist.org/publications/adams-papers/index.php/view/PJA02d096. Accessed 17 February 2022. 
• Coolidge, Calvin. “Quotations – C.” Calvin Coolidge Presidential Foundation ICal, https://coolidgefoundation.org/quote/quotations-c/. Accessed 17 February 2022. 
• Levin, Yuval. “The Future of Conservative Constitutionalism.” National Review, National Review, 20 Sept. 2021, https://www.nationalreview.com/2021/09/the-future-of-conservative-constitutionalism/. Accessed 16 February 2022. 
• “The Constitution of the United States: A Transcription.” National Archives and Records Administration, National Archives and Records Administration, https://www.archives.gov/founding-docs/constitution-transcript. Accessed 16 February 2022. 

Vaccinating an Army: George Washington’s Last Shot to Save His Troops from Smallpox

During the Revolutionary War, George Washington, Commander-in-Chief of the Continental Army, faces one of the greatest threats to his army. The threat is not bullets or bayonets, but smallpox. In 1775, Washington’s Continental Army first encounters smallpox during the Siege of Boston. Smallpox is a virus that kills one out of every three people who get infected and people in the thirteen colonies greatly fear the disease. Washington has to make a strategic decision whether to inoculate his troops or not. The decision has both pros and cons. After weighing the factors, George Washington pushes for his soldiers to be exposed to a mild form of smallpox, a very revolutionary decision. His decision to inoculate the entire Continental Army against smallpox is one of his greatest accomplishments, though it is much less known than his other accomplishments such as beating the British and becoming the first president of the United States.

When an outbreak of smallpox ravages Boston in 1775, Washington understands that smallpox is a real problem for his army. Rumors also spread that the British are purposefully spreading the disease. George Washington survived smallpox when he was younger and he knows how horrible the disease can be. He describes smallpox as a potentially greater threat “than...the Sword of the Enemy” (Thompson, “Smallpox”). For everyone soldier killed by the British, 10 died from a disease, according to one study (Thacker).

Washington now faces the difficult decision of whether to inoculate his army or not. Soldiers who get inoculated develop a mild case of smallpox, but most of them will survive. After being inoculated, people have a lifelong immunity to the disease. However, there are three problems with inoculating the soldiers. The first issue is that inoculated soldiers can actually spread the disease before they are fully recovered. Second, soldiers cannot fight until they fully recover from their inoculation. Third, the estimate is that as many as 2% of the soldiers can die from the inoculation. If too many soldiers die or are unable to fight and the British attack, Washington’s Continental Army can lose. Then, there is also the problem of soldiers sneaking off and getting inoculated. Some fear getting the full disease so much that they inoculate themselves. These soldiers get the immunity they want but they may make their fighting peers sick. Washington’s other option is to do nothing except isolate sick soldiers and hope a major smallpox outbreak does not happen.

While inoculation will protect the troops, it is not a well-supported solution (Thacker). At the time, throughout America, there is concern over inoculation. People fear infecting their bodies with a disease. They know some people die after getting inoculated. Additionally, infected people can cause an accidental outbreak of the disease. The Continental Congress and some colonial legislatures have actually made it illegal to be inoculated. They think it will just spread the disease more.

After much deliberation, Washington decides to inoculate the entire Continental Army on February 5, 1777. He sends a letter to John Hancock, president of the Second Continental Congress, with his order to have all soldiers inoculated. To help make this decision, he reflects on his own experience. He had recovered from smallpox and went on to have an active life in the military. He also believes it is better to “use preventatives, than alternatives,” believing that illnesses are “easier prevented than cured” (Thompson, “Washington’s Views”). With speed and secrecy, because Washington does not want the British to learn of his plan, the Continental Army soldiers receive the inoculation. New soldiers are inoculated and wait until they are healed before joining the army. Washington also orders the civilian population of Philadelphia to be inoculated. In the end, Washington’s decision pays off. Less than one percent of the Continental Army died from being inoculation. Washington makes good on his promise that he will “continue his utmost Vigilance against this most dangerous enemy” (Thompson, “Smallpox”). Inoculation is implemented across the colonies.

Washington inoculates his entire army and his troops are immune to smallpox. No longer having to think of smallpox, Washington and his army concentrate on defeating the British. America won the Revolutionary War with the signing of the Treaty of Paris on September 3, 1783. While his decision to inoculate the entire Continental Army against smallpox greatly impacts the outcome of the war, it is less known than his other accomplishments. Without Washington’s decision to inoculate, American Independence may never have been achieved.

Annotated Bibliography

• Gill, Harold B. “Colonial Germ Warfare.” The Colonial Williamsburg Journal, 2004, https://www.history.org/Foundation/journal/Spring04/warfare.cfm.  
  Gill’s article on germ warfare exposes the danger smallpox posed to George Washington’s troops during the Revolutionary War. It starts with a story about how the British used smallpox to devastate the Native American population. The text then traces the history of spreading sickness and disease among enemy armies from the Assyrians to the Geneva Protocol adopted in 1925. The article offers more insight into how the British planned to use smallpox to harm the American troops, as well as Washington’s reaction to this news. By using quotes, the author allows the reader to better understand what Washington and other founding fathers directly thought of this war tactic. What also makes this a critical article are the parts which explain what makes a war “civilized.” Surprising is how callous European-Americans were towards Native Americans. This article appears to be well-researched and impartial, making it a good source to use when writing a paper.

• Thacker, Brenda. “Disease in the Revolutionary War.” George Washington's Mount Vernon, The Fred W. Smith National Library for the Study of George Washington at Mount Vernon, https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/disease- in-the-revolutionary-war/.
  Thacker offers an overview on smallpox in the Americas starting with European colonization and continuing through the outbreaks and mass inoculation during the Revolutionary War. Her article is factual while also offering insight into the concerns of the people living in the colonies. She also illuminates the facts Washington weighed when he was deciding whether to inoculate his troops or not, including quarantine vs. inoculation. The letter from Washington to Lt Col. David Grier gives an interesting firsthand view of Washington’s order to make sure Grier’s regiment is inoculated. This article is short but offers a lot of information behind Washington’s decision.

• Thompson, Mary V. “Smallpox.” George Washington's Mount Vernon, The Fred W. Smith National Library for the Study of George Washington at Mount Vernon, https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/smallpox/.
  Thompson’s article on smallpox offers an overview of the disease during the American Revolutionary War. The easy to read article also illuminates a unique contribution of George Washington, which is that he ordered the inoculation of all his troops. The text not only covers the facts, but also offers a glimpse into Washington’s decision making regarding inoculation. The text also reveals other precautions he came up to protect his troops from the virus. The author of the article is a research historian at Mount Vernon Estate and Gardens. From the detail and the wide range of materials she used to write this, it appears this article is serious and research based. This article could easily be used in a research paper. Thompson’s overview on both smallpox and George Washington is impartial, fact based, and interesting.

• Thompson, Mary V. “Washington's Views on Health.” George Washington's Mount Vernon, https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/washingtons-views-on-health.
  In this article, Thompson examines George Washington’s thoughts regarding his own health. His personal views are what influenced him to have the American troops inoculated. After reading about the illnesses Washington endured, it is easier to understand why Washington felt the way he did about inoculation and smallpox. The author uses a number of quotes from Washington in order to better show how he thought. This article, like Thompson’s other article, is both short and easy to understand. This article is also well researched and cites a number of sources, including many written by George Washington himself. Thompson included quotes which spotlight different sides of Washington in this text, including his serious side and a more “playful” version. For someone who is familiar with Washington as a historical figure and not as a person, the article enables that person to start thinking about Washington from other angles.