Federalist #83

The Judiciary Continued in Relation to Trial by Jury  (Hamilton)

In the last Federalist paper dealing with the judiciary, Hamilton deals with what he claims to be a central argument against the Constitution, the lack of a constitutional provision guaranteeing the right to a jury trial in civil cases. Hamilton starts by arguing that a lack of a provision in the Constitution on this issue does not mean that it is prohibited. Hamilton then notes that the federal government will unlikely ever hear these cases since most civil cases have to do with land and the federal government has no significant land.

Hamilton then moves to assert his admiration for trial by jury but notes that he does not understand the importance of such a right in a civil case. The main argument Hamilton sees in favor of trial by jury in civil cases is that it is a safeguard against corruption. Hamilton agrees but notes that such corruption could happen anyway. Hamilton also notes that many states do not have a provision for a right to a jury in a civil trial in their state constitutions. In addition, Hamilton also notes that there are many cases in which a trial by jury in civil cases is a bad idea (i.e. public peace with a foreign nation).