The Court System of the USA

(1) The Constitution, written in 1787, established a separate judicial branch of government which operates independently alongside the executive and legis­lative branches. Within the judicial branch, authority is divided between state and federal (national) courts. At the head of the judicial branch is the Supreme Court, the final interpreter of the Constitution.

(2) The Constitution recognizes that the states have certain rights and authorities beyond the power of the federal government. States have the power to establish their own systems of criminal and civil laws, with the result that each state has its own laws, prisons, police force, and state court. Within each state, there are also county and city courts. Generally, state laws are quite similar, but in some areas there is great diversity. The minimum age for marriage and the sentences for murder vary from state to state. The minimum legal age for the purchase of alcohol is 21 in most states.

(3) The separate system of federal courts, which operates alongside the state courts, handles cases which arise under the U.S. Constitution or under any law or treaty, as well as any controversy to which the federal government is itself a party. Federal courts also hear disputes involving governments or citizens of different states.

(4) All federal judges are appointed for life. A case which falls within federal jurisdiction is heard first before a federal district judge. An appeal may be made to the Circuit Court of Appeals, and, possibly, in the last resort, to the highest court in the land: the U.S. Supreme Court.

(5) The Supreme Court hears cases in which someone claims that a lower court ruling is unjust or in which someone claims that Constitutional law has been violated. Its decisions are final and become legally binding. Although the Supreme Court does not have the power to make laws, it does have the power to examine actions of the legislative, executive, and administrative institutions of the government and decide whether they are constitutional. It is in this function that the Supreme Court has the potential to influence decisively the political, social, and economic life of the country.

(6) In the past, Supreme Court rulings have given new protection and freedom to blacks and other minorities. The Supreme Court has nullified certain laws of Congress and has even declared actions of American presidents unconstitu­tional. The U.S. government is so designed that, ideally, the authority of the judicial branch is independent from the other branches of government. Each of the nine Supreme Court justices (judges) is appointed by the president and examined by the Senate to determine whether he or she is qualified. Once approved, a justice remains on the Supreme Court for life. The Supreme Court justices have no obligation to follow the political policies of the president or Congress. Their sole obligation is to uphold the laws of the Constitution.

(7) Nevertheless, politics play a role in a president's selection of a Supreme Court justice. On average, a president can expect to appoint two new Supreme Court justices during one term of office. Presidents are likely to appoint justices whose views are similar to their own, with the hope that they can extend some of their power through the judicial branch.

/Adapted from America in Close-up. Eckhard Fielder, Reimer Jansen, Mil Norman-Risch/

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Date: 2015-12-11; view: 1540