The Lost Right To Jury Trials

I want to highlight a new article in the Duke Law Journal by Andrea Roth on "The Lost Right to Jury Trials in 'All" Criminal Prosecutions." A cute point that people make in Con Law classes is that we do not always take the Constitution literally. And an example is that Article Three says that "all" criminal prosecutions must be by jury, but the Supreme Court held decades ago that "petty" offenses can be tried without a jury. Now we have a strong historical analysis of that issue that makes a convincing case that the Court was wrong.