Precedence of King George III
This page changed with the
November 19, 2024 edit.
Present Teaching and Practice
The most compelling evidence that these united States of America has remained under King George III British Rule of tyranny and despotism comes from this one United States supreme Court Opinion in District of Columbia v. Clawans, 300 U.S. 617 (1937).
[1] It is settled by the decisions of this Court, which need not now be discussed in detail, that the right of trial by jury, thus secured, does not extend to every criminal proceeding. At the time of the adoption of the Constitution there were numerous offenses, commonly described as 'petty,' which were tried summarily without a jury, by justices of the peace in England, and by police magistrates or corresponding judicial officers in the Colonies, and punished by commitment to jail, a workhouse, or house of correction. We think, as the Court of Appeals held, and respondant concedes, that, apart from the prescribed penalty, the offense of which petitioner was convicted is, by its nature, of this class, and that were it not for the severity of the punishment, the offender could not, under our decisions, claim a trial by jury as of right.
[2][3] If we look to the standard which prevailed at the time of the adoption of the Constitution, we find that confinement for a period of ninety days or more was not an unusual punishment for petty offenses, tried without a jury. Laying aside those for which the punishment was of a type no longer commonly employed, such as whipping, confinement in stocks, and the like, and others, punished by commitment for indefinite period, we know that there were petty offenses, triable summarily under English statutes, which carried possible sentences of imprisonment for periods from three to twelve months. At least sixteen statutes, passed prior to the time of the American Revolution by the Colonies, or shortly after by the newlyformed states, authorized the summary punishment of petty offenses by imprisonment for three months or more. And at least eight others were punishable by imprisonment for six months.
Then, from Cheff v Schnackenberg 384 U.S. 373 (1966); the supreme Court opinions that
[III] The Constitution, as I see it, thus required a trial by jury for the crime of criminal contempt, as it does for all other crimes. Should Congress wish it, an exception could be made for any designated class of contempts which, all factors considered, could truly be characterized as 'petty.' Congress has not attempted to isolate and define 'petty contempts.'
The Clean Honest Government —Design
By design from 1776, it was supposed to be the governed and the government working together.
The Declaration of 1776 states that,
"it becomes necessary for one people to dissolve the political bands which have connected them with another, ['...] That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved;..."
Then, with The Constitution, Amendments 6 & 7; it establishes two classes of cases;
Criminal (All Criminal) with Amendment 6
Then, with Amendment 7, it covers all other cases that are not criminal.
Amendment 6: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed [...]"
Amendment 7: "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 re-examined in any Court of the United States, than according to the rules of the common law."
The point to note, when dealing with the supreme Court opinions, is that Amendment 6 includes every criminal case/prosecution no matter how minor or 'petty' the government may try to classify an offense. However, in Amendment 7, which deals with every case that is not criminal; Amendment 7 does allow for the classification of cases called 'petty' and it establishes the rule for petty cases to be that of $20 or less. Anything over the $20 values can, by demand of either party, be tried by jury.
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