The Seventh Amendment guarantees the right to a jury trial in federal civil cases

The Sixth Amendment guarantees the right to a speedy trial, an impartial jury, and legal counsel

The amendment guarantees robust protections for those accused of crimes. However, states weren't required to provide attorneys for defendants who couldn't afford one until the Supreme Court's 1963 Gideon v. Wainwright ruling—172 years after ratification.

The Fifth Amendment covers a wide range of legal protections for those accused of a crime

While it is widely known for the right against self-incrimination, the Fifth Amendment also protects against being charged for the same crime twice, requires grand jury indictments for serious crimes, and mandates compensation when the government takes private property for public use.

All states did not require a unanimous jury verdict to convict until a 2020 Supreme Court case

In Ramos v. Louisiana, the court ruled that the Sixth Amendment requires unanimous jury verdicts to convict in criminal cases, overturning laws in Louisiana and Oregon that had allowed convictions with only 10 of 12 jurors in agreement.

The roots of American law and the jury system trace back to medieval England

King Henry II established a jury of 12 local knights to settle land disputes in the 12th century, and his judges developed national laws common to everyone. American courts inherited this "common law" tradition directly from the English system.

Trial by jury was an important source of colonial resistance to British rule

Colonial juries refused to convict Americans who violated British trade laws, and Britain's response, stripping away jury rights, became a central grievance of the Revolution. The Declaration of Independence explicitly cited the denial of the right to trial by jury as a charge against King George III.

The vast majority of federal criminal cases never reach a jury.

In fiscal year 2022, nearly 90% of federal defendants pleaded guilty, and another 8% had their cases dismissed. This means just 2% went to trial at all, making a trial by jury a rare outcome in the modern federal court system.

The Supreme Court extended the ban on discriminatory jury strikes to include gender in 1994

In J.E.B. v. Alabama, the court ruled 6-3 that using peremptory challenges to exclude jurors based on sex violates the Equal Protection Clause, building on its 1986 Batson decision banning race-based strikes.

Black Americans were systematically excluded from juries for much of US history

Literacy tests, poll taxes, and even explicit laws kept Black Americans off juries until well into the 20th century. The Jury Selection and Service Act of 1968 mandated that federal juries reflect a fair cross-section of the community, though racial disparities in jury selection persist.

Grand juries investigate crimes and decide whether the government has enough evidence to charge someone

Unlike trial juries, which determine guilt, grand juries decide whether there is probable cause to bring charges at all. If they find enough evidence, they issue a formal indictment. Federal grand juries are enshrined in the Fifth Amendment of the US Constitution.

Ratified in 1868, the 14th Amendment guaranteed citizenship to all people born in the United States and required states to provide equal legal protection to all.

In the SEC vs. Jarkesy ruling of 2024, the Supreme Court overturned the Securities and Exchange Commission's ability to seek civil penalties for securities fraud in-house, which significantly scaled back the agency's enforcement capabilities.

The Ninth Amendment clarifies that people hold additional rights, not granted by the Constitution

The Founders worried that listing specific rights might imply that others didn't exist. The Ninth clarifies that unenumerated rights are retained by the people, making it one of the most philosophical and least litigated amendments.

Read the criteria for federal jury selection and the exemptions and excuses that can get you out of it.

Federal jurors must be US citizens, at least 18 years old, proficient in English, and free of felony convictions. Active-duty military, full-time police and firefighters, and certain public officials are fully exempt from service.

Juror pay varies widely by state, and most employers are not required to cover it.

State court juror pay ranges from nothing in Illinois and South Carolina to $50 per day in six states, with a national average of around $22 per day. Only eight states and DC require employers to provide paid time off during jury service.

A 1986 Supreme Court ruling prohibited race-based jury strikes, but racial imbalance in jury selection persists

Batson v. Kentucky banned prosecutors from excluding jurors on the basis of race, but critics say it backfired. Prosecutors often use race-neutral pretexts to remove potential jurors that judges rarely reject, and some courts have never found a violation of the ruling.

The US Constitution has been amended 27 different times since its ratification

Dive deeper into each amendment to the Constitution with resources provided by the National Constitution Center. This website features podcasts, videos, and other web resources for each of the amendments, examining their creation and their impact on today’s political and social landscape.

Explore state-level data on juries.

In 41 states, older Americans can opt out of jury duty, but not in federal court

As of 2024, 41 states offer age-based exemptions from state jury duty, with opt-out ages ranging from 65 in Mississippi and South Carolina to 80 in five states. None of these exemptions applies to federal court.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

The Bill of Rights was designed to protect individuals from the power of the federal government

When the Bill of Rights was ratified in 1791, its protections applied only to the federal government. It wasn't until the 14th Amendment (1868) and the Supreme Court's doctrine of selective incorporation that most provisions were extended to state governments—a process that began in 1925.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

The 15th Amendment granted Black men the right to vote nationwide

Ratified in 1870, the 15th Amendment prohibited federal and state governments from denying the right to vote based on race, color, or previous condition of servitude—enfranchising millions of Black men.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

Explore jury nullification, the little-known power that lets jurors ignore the law and acquit anyway

When jurors disagree with a law, they can simply vote to acquit regardless of the evidence; however, this practice is rare, and the legal system actively discourages it. This podcast traces its history from a Quaker prayer meeting in London to the LA riots.

The Judiciary Act of 1789 created the foundation of the federal justice system

Passed by the First Congress, the Judiciary Act of 1789 established the federal court system, the Office of the Attorney General, and the US Marshals Service—the first law concerning national law enforcement and legal administration.

The Third Amendment bars the forced housing of soldiers in private homes

The amendment was designed to address a specific grievance of the Colonies and remains the only Bill of Rights provision that has never been directly tested by a Supreme Court ruling on its merits.

The Second Amendment protects the right to keep and bear arms

One of the most debated amendments, the Second Amendment has divided courts, lawmakers, and the public for decades. The Supreme Court held in 2008's District of Columbia v. Heller that it protects an individual right. Legal challenges continue today.

The Bill of Rights spent more than a century largely ignored by the courts

When ratified in 1791, the Bill of Rights applied only to the federal government, which exercised little direct control over daily life. It played a limited role in early constitutional law until the 20th century, when legal advocates began using it to challenge state and local laws.

The Eighth Amendment prevents cruel and unusual punishment and was borrowed from England

The exact wording of the amendment came from England's Bill of Rights, written more than a century before America's. Today, the Eighth Amendment governs death penalty standards, prison conditions, and sentencing limits, though its interpretation remains actively contested.

The Bill of Rights originally proposed 12 amendments, not 10

Congress proposed 12 amendments in 1789, not 10. Of the two amendments not ratified, the one on congressional pay raises remained dormant for 203 years before finally becoming the 27th Amendment in 1992.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

The Tenth Amendment reserves all powers not granted to the federal government to the states or the people

Any powers not delegated to the federal government by the Constitution are reserved to the states or to the people. It has been cited in legal battles over healthcare, marijuana, and environmental regulation.

Federal juries are selected from voter rolls and driver's license lists

Courts randomly draw prospective jurors from these sources, then mail qualification questionnaires. Those who qualify may be summoned for voir dire, where judges and attorneys question candidates before seating a final jury.

The First Amendment protects 5 distinct freedoms

Most Americans cite the amendment on free speech, but the First Amendment also protects religion, the press, peaceful assembly, and the right to petition the government—five separate guarantees in a single sentence.

James Madison wrote the first draft of the Bill of Rights

Madison drafted the initial set of constitutional amendments in 1789. The House approved 17 amendments; the Senate reduced them to 12; and 10 were ratified as the Bill of Rights. One rejected amendment was later ratified in 1992 as the 27th Amendment.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

The Reconstruction Amendments aimed to rebuild the nation and secure freedom after slavery

Ratified between 1865 and 1870 after the conclusion of the war, the 13th, 14th, and 15th Amendments abolished slavery, guaranteed citizenship and equal protection, and extended voting rights to Black men—transforming the Constitution's definition of liberty and equality.

The 14th Amendment aimed to guarantee citizenship for formerly enslaved people

The 14th Amendment was crafted to overturn Dred Scott by granting birthright citizenship to formerly enslaved people and their descendants, securing their legal status under federal law.

The 10th Amendment affirms that most undelegated powers remain with the states

Adopted to reassure skeptics of an overly powerful federal government, the amendment was meant to curb federal overreach and preserve state control over most everyday governance decisions.

James Madison's original draft of the First Amendment was far more expansive than what was ratified

Madison's first proposed language guaranteed the right "to speak, to write, or to publish" one's sentiments freely—broader and more explicit than the final text—and described the free press as "one of the great bulwarks of liberty."

The 16th Amendment paved the way for capital gains taxes

Ratified in 1913, the 16th Amendment paved the way for a far-reaching federal income tax and supercharged the country’s coffers. Before then, the US depended on import tariffs and so-called consumption taxes to raise revenue.

The 13th Amendment permanently abolished slavery in the United States

Ratified in December 1865, the 13th Amendment outlawed slavery nationwide except as punishment for a crime. Southern states were required to ratify it under President Andrew Johnson's initial Reconstruction plan before regaining representation, though Congress later imposed stricter conditions.

The First Amendment established religious freedom as a constitutional right—a safeguard no other nation had before

Europe had limited religious tolerance for centuries, but always as a privilege granted by rulers who could revoke it. The First Amendment in the United States was unique for the time: It banned the government from interfering with religion, making religious freedom a permanent constitutional limit on state power.

Gibbons v. Ogden expanded federal power over interstate commerce

In 1824, the Supreme Court unanimously invalidated a New York steamboat monopoly, ruling that navigation between states constitutes interstate commerce. Chief Justice John Marshall held that Congress has authority over such commerce and that conflicting state laws are void under the supremacy clause.

Go inside a real jury room as 12 Americans deliberate a criminal case.

This PBS "Frontline" documentary from 1986 was the first to film actual jury deliberations on American television, capturing a Wisconsin criminal trial jury wrestling with the evidence and the case's consequences.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

The framers of the Constitution designed the amendment process to be difficult

Amending the Constitution requires substantial and widespread public support. Since 1879, more than 10,000 amendments have been proposed—many repeatedly—ranging from banning flag burning to repealing the income tax. This resource highlights some of the most notable failures.