Question

Which passage from the US. Constitution reflects the principle of federalism?

Answer 1

Answer:

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The Seventh Amendment has two clauses. The first, known as the Preservation Clause, provides: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved This clause sets out the types of cases juries are required to decide. The second clause, known as the Re examination Clause, declares: “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.” This clause prevents federal judges from overturning jury verdicts in certain ways.

Explanation:

In interpreting the Seventh Amendment, judges soon encountered a problem. To which “common law” courts was the Amendment referring? The states had different civil jury practices, and the federal courts were new. The United States Supreme Court announced a solution. The term “common law” in the Seventh Amendment meant the common law of England. Parsons v. Bedford (1830). A century later, the Supreme Court formally declared that the Amendment was to be interpreted according to the common law of England at the time the Amendment was ratified, that is, in 1791. Dimick v. Schiedt (1935).

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