Why does North Carolina’s bathroom law happen? Why do bakers get ordered by the government to bake you a cake? Interesting questions with a fairly simple answer, but as with all simple answers, there is likely to be an uproar about my premise.
The Seventh Amendment to our Constitution provides: “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.”
Kelly, why are you talking about jury trials? Because we have strayed from the 7th Amendment and have decided that unelected bureaucrats, not the people, can decide our fate on many life issues. My premise is to remove the regulatory bureaucracies that impose their will on the people and let the people decide. The Seventh Amendment wasn’t an afterthought, it made the Top Ten.
Example: The baker doesn’t want to bake you a cake. Whether you are gay, transgender, Catholic, gun-toter, ugly or stupid, you think the baker ought to have to bake you a cake. It’s your right to demand that the baker bake you a cake! So what do you do? You don’t sue the baker because you really have no damages. Instead, you go the regulatory route. You seek out a liberal bureaucrat (and liberals tend to work in government where they can effectuate change) who then fines the baker for not baking your cake.
Problem solved for you, but the baker doesn’t get his day in court. Why? Because the government has circumvented the Seventh Amendment to the Constitution. Instead of having the people decide the baker case, a bureaucrat did.
Next example is the bathroom issue in North Carolina. Why is that law even needed? If a person who looks like a 6’5″, 280 pound linebacker but identifies as a female tries to go in a little girl’s restroom and causes a commotion as a result, he/she ought to be arrested. Period. He/she then can explain to a jury his/her leanings regarding sexual orientation. The jury decides the issue. Case over.
If Caitlyn Jenner takes the trouble to augment his/her appearance to appear female and wants to go to the little girl’s bathroom, and acts in accordance with the norms in a little girl’s bathroom, how does anyone know or care about Caitlyn’s sexual conversion? It’s only when the freak show insists on flaunting their conversion and making everyone uncomfortable that we get stupid laws that decide ahead of time who can, and cannot, use a restroom. Let a jury decide, on a case by case basis, who can pee where.
So Kelly, why have we strayed from our roots? Because the power brokers don’t like juries. The banks fear juries, so they get summary judgment laws (after the Great Depression showed the heartlessness of bankers) to keep them from facing juries. Financiers pay regulatory fines to the SEC for violations, often a mere pittance of their thievery, instead of facing a jury. The list goes on and on.
Republican “constitutionalists” realized the hypocrisy of their “have their cake and eat it too” attitude and thus have allowed the government to steal away the “little peoples” freedom over the “little things” at the hands of bureaucrats because it suits them just fine. After all, they don’t worry about transgender bathrooms on the 75th floor of Goldman Sachs, or for that matter, at the Federal Reserve.
Kelly Burke, master attorney, former district attorney and magistrate judge, is engaged in private practice. He writes about the law, rock’n’roll and politics. These articles are not designed to give legal advice, but are designed to inform the public about how the law affects their daily lives. Contact Kelly at firstname.lastname@example.org to comment on this article or suggest articles that you’d like to see and visit his website at www.kellyrburke.com to view prior columns.