Hageman Introduces Legislation to Protect Americans’ Right to Civil Proceedings
Washington, D.C. – Today, Congresswoman Harriet Hageman introduced the Seventh Amendment Restoration Act which is designed to secure Americans’ right to a jury trial as protection against federal agency use of administrative law courts (ALCs). Last year, the Supreme Court ruled that the Securities and Exchange Commission’s (SEC) use of ALCs violated a defendant’s right to a jury trial, and Rep. Hageman’s legislation would further solidify this decision by requiring its government-wide applicability in response to the Biden-Harris Administration arguing otherwise.
“I spent decades in private practice representing Wyoming citizens and businesses against federal agencies who use their own internal courts to target the regulated community. Our Constitutional Republic is underpinned by the separation of powers, so no unit of government is law maker, judge, jury, and executioner. The modern executive branch, however, has found a way to create the law, enforce it, and then prosecute alleged violators before their ALCs. The right to a jury trial is so important that our Founders enumerated it as a grievance in the Declaration of Independence and then secured that right in the Seventh Amendment. Paired together, my legislation and the Supreme Court’s ruling would secure this fundamental right across all federal agencies, thereby minimizing the threat of the modern administrative state,” stated Rep. Hageman.
“Rep. Hageman's Seventh Amendment Restoration Act would throw a lifeline to Americans stuck in the swamp of the agency court system. Her legislation represents a critical return to proper separation of powers by restoring the Article III branch's constitutional role and helping individuals reclaim their right to fair proceedings in an impartial court," said Stewart Whitson, Senior Director of Federal Affairs for the Foundation for Government Accountability.
Background:
The Seventh Amendment to the U.S. Constitution guarantees a jury trial in civil cases in federal court. In 1946, Congress passed the Administrative Procedure Act, creating the rulemaking process we know today and ALCs within the agencies to adjudicate disputes arising from alleged violations of agency created law. However, ALCs do not adhere to the same due process rules as Article III courts, and agencies have overwhelming success against Americans when adjudicating disputes before judges they hire and pay. Thirty-four federal departments and agencies have ALCs, but last year in SEC v. Jarkesy, the Supreme Court held that the SEC’s use of ALCs violated jury trial rights. Since this ruling, the Biden-Harris Administration has tried to chip away at the relief the Court provided by attempting to narrow its scope to just the SEC. Rep. Hageman’s legislation would rebuke this effort and confirm what every rational American knows—that our rights secured in the Constitution are absolute.
Contact: Esteban Elizondo, Communications Director