The Amendment to the Constitution that I felt was ambiguous is (Amendment VII) to the United States Constitution, The Bill of Rights, the Amendment states that “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 Bill of Rights).
The ambiguity to me here is the words “common law”. The point of this amendment is to codify the right to a jury trial in certain civil cases, so it basically keeps courts from overturning a jury’s findings of fact, but common law can have several meanings’. According to Dictionary.
com, Common law can mean “judge-made law as opposed to statutes”. It can also mean “a specific body of law that was once made by judges, even if now it is codified in statute, as opposed to law that was initially created by a legislature”. It can also be taken to mean “Anglo-American law as opposed to European civil law, which is derived from Roman law”. Or it can mean “law that is adequately linked to the sort of law historically enforced in common-law courts as opposed to the sort of law historically enforced in so-called courts of equity” (Common-law.
(n.d.). You could say “common law” tends to bear the first meaning (judge-made law) based on the time frame, the phrase “Suits at common law” referrers to the last meaning, which is law historically prescribed in common-law courts which usually calls for payment of damages as opposed to the long-defunct separate courts of equity which is where injunctions and similar remedies came from. “When the Seventh Amendment was written in the 1700s, $20 was considered a lot of money. Today, any disputes that involve amounts less than $75000 will not be handled in a federal court and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law”: It is against United States law to setting up your own court system. If a person goes to court, he will always go to a court recognized by the government.
These courts are often city, country, state, or national courts” (Seventh Amendment – Kids | Laws.com. (n.d.). References: The Bill of Rights: A Transcription.
(n.d.). Retrieved January 08, 2018, from https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-amendment-vii Common-law. (n.
d.). Retrieved January 08, 2018, from http://www.
dictionary.com/browse/common-law Seventh Amendment – Kids | Laws.com. (n.
d.). Retrieved January 08, 2018, from https://kids.laws.com/seventh-amendment T