judicial reexamination

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The judicial reexamination comes 19 years after Kim's initial arrest in the case and 15 years after the Supreme Court dismissed his appeal and upheld his 16-year prison sentence, which he served at Tokushima Prison in western Japan.
The reexamination clause is a prohibition on "the direct impairment of the right of trial by jury through judicial reexamination of factfindings of a jury other than as permitted in 1791." Thus, the Supreme Court originally held that federal courts did not have the power to grant judgment as a matter of law to the losing party after a jury's verdict.(3) Not until attorneys started to reserve the right to move for a directed verdict before they submitted the case to the jury did the Court hold that post-trial grant of judgment as a matter of law could be constitutional under the Seventh Amendment.(4)
Recommendations in the report include a two year moratorium on national government creation of new unfunded mandates for state and local government action; judicial reexamination of the constitutionality of mandating; and amendment of Article V of the U.S.