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One of the overlooked elements of Senator Sheldon Whitehouse's masterclass in discreet political corruption during the confirmation hearings of Judge Amy Coney Barrett on Tuesday was his appeal to revive in practice the civil jury trial, which, due to a number of factors, has fallen into disuse, despite the fact that it was considered to be so important to our sacred Founders that they embedded it into the Bill of Rights through the Seventh Amendment. Reviving the civil trial by jury has been a particular cause for Whitehouse going back at least to 2015, when he delivered the keynote address to the Civic Jury Project at New York University.

In that speech, Whitehouse detailed the reasons why the civil trial by jury had ended up on the shelf, and almost all of those reasons had to do with the government's steady slide toward oligarchy, none of which, god knows, have anything to do with "originalism" or "textualism." The text of the Seventh Amendment is as clear as a bell. It is written with far better grammarand therefore, far less ambiguitythan, say, the Second Amendment. In that speech, Whitehouse explained:

On Tuesday, Whitehouse made the case again.

OK, maybe it's only me to whom this all is a revelation. But that makes the whole idea of this hearing worthwhile. It's nice, occasionally, to be reminded that the Bill of Rights doesn't stop after two amendments.

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Sheldon Whitehouse Also Reminded Us the Bill of Rights Doesn't Stop After Two Amendments - Esquire.com