“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 reexamined in any court of the United States, than according to the rules of the common law.”
Find Laws The Seventh Amendment derived from the tyrannous actions of the English court system, where judges were seen as predatory creatures that only served the king and did not respect nor care those they sentenced. As such, the creation of a jury and the right to a trial by jury was seen as a countervailing force against such brutal actions and impartial decisions. The founding fathers developed the Seventh Amendment as a check against the potential abuse of power of the government. The Seventh Amendment enabled the common man (the jury) to possess some power in regards to the decisive authority when examining a court matter. More.
The 9th Amendment reserves ALL RIGHTS to the people. The people choose, by their CONSENT, whether or not they want to delegate rights to governments, corporations, other people, or to any contractual relationship, for that matter. The right to contract freely is preserved by the Constitution to the people.
The Constitution: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
More about the Constitution, founding fathers, original intent, etc. here.
Madison’s proposed amendments were presented as Nine Articles comprising up to 20 Amendments.
Seventhly. That in article 3rd, section 2, the third clause be struck out, and in its place be inserted the classes following, to wit:
The trial of all crimes (except in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, of the right of challenge, and other accustomed requisites; and in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary, provided that in cases of crimes committed within any county which may be in possession of an enemy, or in which a general insurrection may prevail, the trial may by law be authorized in some other county of the same state, as near as may be to the seat of the offence.
In cases of crimes committed not within any county, the trial may by law be in such county as the laws shall have prescribed. In suits at common law, between man and man, the trial by jury, as one of the best securities to the rights of the people, ought to remain inviolate.” Speech on Amendments to the Constitution James Madison June 8, 1789
Note that the 7th Amendment’s purpose is to facilitate a trial between MAN & MAN, and NOT MAN & corporation, or Citizen and corporation, or Citizen and Citizen, or corporation & corporation!!
Madison’s intent was to preserve the Right of the sovereign people to use all of these venues for settling disputes between PRIVATE parties, and not exclusively civil and/or criminal actions.Unfortunately, the BAR and the attorneys, judges, etc., are occupying America’s courts and won’t acknowledge real people. They force sovereign men and women into roles, legal fictions, that are subject to THEIR authority.
For background, read The Two Classes of Cases & Controversies. We would suggest that Madison intended that there is a Third Class, the Suit at Common Law, which is one brought by one of the people who ordain the Constitution rather than by one of the U.S. Citizens/public servants who are subject to it. As Patrick Henry observed, the purpose of the Constitution is to control the government, not to control the people. When is a trust a United States person?
Be sure to check out USA vs US, which contrasts the corporate de facto govt. with the original de jure govt. designed by the founders. Also read Who is Running America? When modern-day attorneys, legislators, etc. confuse real people with corporations, and hide behind the mask of anonymity, we end up with a total travesty of justice. No wonder the world is going to Hell in a handbasket:
person n. 1) a human being. 2) a corporation treated as having the rights and obligations of a person. Counties and cities can be treated as a person in the same manner as a corporation. However, corporations, counties and cities cannot have the emotions of humans such as malice, and therefore are not liable for punitive damages. (See: party, corporation)
The Seventh Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.
Here’s a sample Suit at Common Law, pursuant to the 7th Amendment, with a Trial by Jury requested. Here’s a notice I’m sending prior to attempting to file a “suit at common law,” in the effort to hold the clerk accountable so that he/she will NOT file it as a civil action.
Read more about the Clerk of Court’s responsibility to the people.
In preparing to file a suit at common law pursuant to the 7th Amendment, I am reviewing your requirements and materials, in particular your JS44 Civil Cover Sheet. I do not consent to complete this cover sheet.
I claim the following premises to be true to the best of my knowledge:
I am a freeman, a woman Sui Juris with all of my unalienable Rights, a woman who claims my Right to benefit from the 7th Amendment to the Constitution for the United States of America.
I have the Right to access the United States District Court, District of Colorado without surrendering any of my unalienable Rights.
Any privilege made available to corporations must necessarily be made available to the flesh and blood people who create and administer these legal fictions.
All governments must maintain power through consent, not coercion.
Requiring a freeman to consent to be a corporation or other legal fiction to access the federal courts without his or her express consent is coercion.
Unless I hear otherwise within twenty-one (21) days, I will assume that you agree with these claims and will facilitate my filing a suit, standing as a freeman, pursuant to the unwritten common law, rather than as a citizen pursuant to statutory and civil law.
When the State files a suit pursuant to the sixth amendment, they file it subject to the Luciferian jurisdiction of the corporation dba the United States of America. A crime is an offense against the State by one of its subjects, who are also non-living PERSONS.
But when you file the suit at law in the district court of the United States (lower case d, c), as a “people,” pursuant to the seventh amendment and the common law, you will be filing it against “people,” pursuant to common law jurisdiction, which means that all parties, as well as the judge, magistrate, and attorneys agree to stand under the verdict of a jury of your people/freemen “peers.”
If you are a “people,” then the jury would be made up of “people,” too, and not PERSONS = U.S. citizens, residents, and other nonsensical legal fictions. Keep in mind that any venue can be a common, lawful venue if you demand it.
You make the decision re: jurisdiction when you PRESENT as a real people, or RE-PRESENT as a US person.
Read about Common Law and the Magna Carta.
28 USC § 610 – COURTS DEFINED As used in this chapter the word “courts” includes the courts of appeals and district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, and the Court of International Trade.
TITLE 28–APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI. TRIALS Rule 38. Jury Trial of Right
(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to [[Page 209]] the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.
Any party may demand a trial by jury of any issue triable of right by a jury by
(1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and
(2) filing the demand as required by Rule 5(d). Such demand may be indorsed upon a pleading of the party. (c) Same: Specification of Issues. In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action. (d) Waiver. The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
Michael Badnarik states that “we don’t have common law anymore.” This is an incorrect statement. Any venue becomes a common law venue when the plaintiff is a “people,” and not a “person.” The Constitution is founded on common law jurisdiction. My friend Burt has attempted to file suits at common law in federal district courts in FL, CO, and NJ. Unfortunately, so far, the corporation has filed them as CIVIL suits, subject to the jurisdiction.
I must admit that this is an uphill battle. However, in my opinion, it is the only one that patriots must win in order to restore the republic. I have confidence that we will find the solution.