Reexamination Clause

Claiming that the common law pleading standards at the time of Founding were rigid and highly technical.

Contending that an originalist interpretation does not require modern jury trials to precisely mimic trials at the Founding. Rather, the proper inquiry is whether the drafters would have found a particular practice constitutional if it had existed.

Arguing that summary judgment is unconstitutional because it permits a judge to consider facts that have not been examined by a jury, contrary to the rules at common law.

Discussing the Jeffersonian motivations behind the right to civil jury trials at the Founding.