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Latest comment: 9 years ago4 comments2 people in discussion
@ SMP0328: It seems to me that you are better acquainted with US constitutional law than me. I'm interessted in wether the Re-Examination Clause of the Seventh Amendment applies to the states or not. Accordingly I have one question. The opinion of the court in The Justices v. Murray of stated in part: " [...] the Seventh Amendment, upon its true construction, applies to a cause tried by a jury in a state court [...]." Does this mean that Re-Examination Clause of the Seventh Amendment applies to the states? Can you please include this source in your analysis? --P3Y229 (talk • contribs) 20:33, 16 January 2015 (UTC)Reply
The source you provide above says "The Amendment governs only courts which sit under the authority of the United States" (i.e., it applies only to federal courts). As for The Justices v. Murray, go to the end of the court's opinion (just above the sentence in italics). There you will see that the case was about a federal law that permitted federal courts to rule on the facts of cases that had been ruled on in a State court. The Supreme Court ruled that this law violated the Re-Examination Clause. The case about federal authority (congressional and judicial), not State authority. So this case not only did not apply any part of the Seventh Amendment to the States, such application was not at issue. I suggest you read this article. SMP0328. (talk) 21:35, 16 January 2015 (UTC)Reply
