I would refer you to the 1979 ruling - Burch v Louisiana. Here, the court established that a jury must be composed of at least 6 people and that a non-unanimous conviction by juries of less than 12 people is not valid.
I think you would find that the 6th amendment was written intentionally vague, because the original colonies were not in agreement as to the structure of their judicial system.
At the end of the day, I think you are right based upon the equal protection clause of the 14th Amendment. It was based largely on this, that Louisiana's non-unanimous jury convictions were overturned. I am torn from a perspective of state sovereignty.
I would refer you to the 1979 ruling - Burch v Louisiana. Here, the court established that a jury must be composed of at least 6 people and that a non-unanimous conviction by juries of less than 12 people is not valid.
I think you would find that the 6th amendment was written intentionally vague, because the original colonies were not in agreement as to the structure of their judicial system.
I do not know how far back 6 person juries go in the US, but it has been a while. Check this archive.org article from 2015: https://web.archive.org/web/20150602210951/https://www.uscourts.gov/services-forms/jury-service/types-juries
At the end of the day, I think you are right based upon the equal protection clause of the 14th Amendment. It was based largely on this, that Louisiana's non-unanimous jury convictions were overturned. I am torn from a perspective of state sovereignty.