Judicial authority has been CHECKED by the JURY since Magna Carta (1215).

Judicial authority has been CHECKED by the JURY since Magna Carta (1215).

Lawfully Judicial authority has been CHECKED by the JURY since Magna Carta section 39 (1215).  In the United States Article III Constitutional Judicial authority has always been constrained by the Jury requirements of Article III Section 2.3 and the VII Amendment. 

 

Our forefathers saw this potential.  The Star Chamber (c. 1641) and the "Bloody Assizes" (1685) WERE REAL in their memory!  During the process for the Bill of Rights" Elbridge Thomas Gerry, one of the founding Fathers asked, without Due Process of Law how do "We the People" avoid mob rule or "a tribunal without juries, which will be a Star-Chamber as to Civil cases"[1] ?

 

If judges were INFALLIBLE, what was/is the need for a jury?  Judges unchecked had been proven FLAWED prior to 1215 the Magna Carta and the FLAW of Judges acting alone has ALWAYS been incorporated into the “check and balances” of the Constitution for the United States, Article III Section 2.3 and the VII Amendment. 

 

I have no problem with John Marshal's assertion of " judicial review " in Marbury v. Madison (1803).  Judges have every right to “free speech” but to bind their free speech opinions they need to bring along a “JURY” in each case.

 

The assertion of "checks and balances" was and is essential with OUR constitutional democratic government.

 

A jury is and has ALWAYS been CONSTITUTIONALLY ESSENTIAL to any and EVERY Article III decision, Article III Section 2.3 and the VII Amendment.

 

Judicial authority has been CHECKED by a JURY requirement since Magna Carta (1215).

 

Judicial infallibility was and is NULLIFIED with the trial by jury requirement.  If judges could be relied upon what is the need of a jury?  Trial by jury became an explicit right in one of the most influential clauses of Magna Carta (1215) Article 39 (and as codified in the Constitution for the United States Article III Section 2.3 and the VII Amendment).  The FALLIBILITY of Judges has been an ESTABLISHED acknowledge rule of law since the Magna Carta at least 1215.

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[1] Elbridge Thomas Gerry's, was one of three men who attended the Constitutional Convention in 1787 but refused to sign the United States Constitution because it did not then include a Bill of Rights.  i.e., specifically the 7th Amendment.  This is as quoted in Origins of the Bill of Rights, By Leonard W. Levy, page 228.  (Elbridge Thomas Gerry is also the namesake for Gerrymandering)