Judson Phillips, founder of Tea Party Nation, has once again come to the defense of the 7th Amendment protection given to the right to a civil jury trial in a post on TPN, as follows:
Some conservatives and far too many Republicans treat the Constitution as if it is some great big Chinese buffet. 'I'll have a little of the 1st Amendment. A lot of the 2nd . None of the 7th.'
That is not how the Constitution works. Our founding fathers designed it the way they did for a reason.
Many Republicans and some conservatives are quick to jump on the tort reform bandwagon. 'We hate lawyers and trial lawyers are big Democrat supporters.'
That still does not change the Constitution and what it says.
Some Republicans throw out the expression frivolous lawsuits out like a boogeyman. As with all rants, those who throw it out simple expect their position to be accepted without discussion.
Are there frivolous lawsuits?
To quote Sarah Palin, 'you betcha.'
How many frivolous lawsuits do attorneys file? Very few.
Presenting the actual writings of the Constitution and Bill of Rights and defending them in the face of political inconsistency and hypocrisy is nothing new for Mr. Phillips. While his strident defense of limited government and deep cuts in federal spending have been part of Republican campaigns for the past two years, his criticism of federal tort reform as unconstitutional has been quoted most often by Democrats in the House as a way to remind House Republicans of their self-professed allegience to the 10th Amendment. A few weeks ago, I witnessed Rep. Maxine Waters, who is not exactly enamored with Tea Party activists, quote Judson during the Judiciary Committee's consideration of federal medmal limits, while he was actually in the audience. Quite a sight indeed.
Judson Phillips represents the best of the Tea Party, willing to tell the truth even when it's not conventional wisdom. We need more Americans of all political persuasions to recognize and fight for the right that our founders called "sacred" and "inviolable."