Why Isn’t the 7th Amendment Protected as Aggressively as the 2nd Amendment?

The 7th Amendment to the U.S. Constitution promises the right to a jury trial in civil cases, which guarantees that civil disputes are resolved by a group of peers rather than the government. This fundamental right serves as a check on government and corporate power, upholding the principles of justice and democracy. Despite this fundamental constitutional right, some state governments have increasingly sought to limit or reduce this right through policy modifications such as caps on damages, forced arbitration, and procedural restrictions.

This year, the South Carolina Senate passed S.244, an omnibus tort reform bill. “Tort reform” refers to any change in the civil justice system that aims to reduce the ability to file lawsuits, or to limit the damages that can be awarded in personal injury and other tort cases. Essentially, tort reform laws are designed to take decision-making away from a jury, usually with the goal of transferring that power to the government through statutory limitations, which unequivocally affects our 7th Amendment right to a trial by a jury of our peers.

Here in South Carolina, we place great importance upon and therefore aggressively protect our 2nd amendment right to keep and bear arms. We all remember the slogan, “I’ll give you my gun when you pry it from my cold, dead hands.” Why are we not guarding our right to trial by jury with equal ferocity? Are our 2nd Amendment rights somehow more important than our 7th Amendment rights? Shouldn’t we guard all of these fundamental rights as though our lives and democracy are dependent?

Juries are one of the purest forms of democratic participation. Unlike elected officials who can be influenced by lobbying and political interests, jurors represent a cross-section of the community and bring diverse perspectives to legal disputes. They ensure that decisions about liability, negligence, and compensation reflect the values of the people, not just the government or legal elite. Limiting jury trials would effectively silence this democratic voice and deny citizens their role in determining justice. However, many South Carolina legislators claim that our jury system is untrustworthy. They claim to know better than a jury of your peers how best to resolve a civil dispute.

One of the key functions of the 7th Amendment is to prevent government overreach and corporate abuse. Our Founding Fathers understood that an independent jury of citizens act as a safeguard against corruption, bias, and undue influence from powerful institutions. If state governments are permitted to infringe upon this right – whether by restricting access to jury trials or limiting the remedies available through our civil justice system – the result is a shift in power and decision-making ability away from South Carolina citizens, and into the hands of politicians, bureaucrats, and corporations.

Our Founding Fathers placed great importance upon the right to a jury trial, enshrining it in both the Constitution (Article III, Section 2) and the Bill of Rights (7th Amendment). They saw it as essential to preserving liberty and preventing tyranny. If state governments are allowed to diminish this right, it weakens the ability of our legal system to serve as a fair and impartial forum for justice.

Our neighboring states of Georgia and Florida have determined these tort reform measures are unconstitutional, declaring that juries, not legislatures, are the appropriate body to consider civil disputes. Do we, as South Carolinians, not agree with this principle? Wrongdoers are responsible for the harm they caused. Wouldn’t you agree that, during the infancy of our great nation, we were bestowed with a fundamental, Constitutional right to a trial by a jury of our peers as a vehicle to resolve civil disputes without government interference? Why are we now confronted with legislation that effectively erodes this paramount right, which was intended to underscore truth, justice, morality, and ethics?
S.244 was sent to the House of Representatives where it now faces an uncertain fate. The reality is that some South Carolina legislators are actively working to restrict our 7th Amendment rights. Help protect this fundamental freedom. Help combat the infusion of big government into our local juries. Join in the fight against bolstering the economic gain of corporations and special interest groups through a systematic stripping of our civil justice rights by communicating your alarm to our elected officials. They need to hear from all of us.

Don’t trust any group that tells you any limitation of this fundamental right is in your best interest. We must protect our 7th Amendment with the same vigor we would if defending our 2nd Amendment. Tell your representatives they can limit your right to a jury trial only when they pry it from your cold, dead hands.

Jay Wright
South Carolina Attorney