Reading Room Document

Constitutionality of Civil Damages Provisions of Fair Housing Bill

This document discusses the constitutionality of the civil damages provisions of the Edwards-Drinan bill (H.R. 3504) in relation to the Seventh Amendment guarantee of the right to trial by jury. It explores the application of the Seventh Amendment to administrative proceedings and the potential challenges to the proposed administrative procedures. The document presents several ways in which the language of the provision could be altered to improve its chances of withstanding scrutiny, including preserving private actions in district court, altering the nature of the proposed administrative proceedings, modifying the mechanism for enforcing administrative awards, and emphasizing the public benefit aspects of the bill. The conclusion reached is that the Seventh Amendment question is a close and difficult one, and the document suggests possible modifications to the bill to reduce the constitutional hurdles.

January 25, 1978