The Constitution divides power equally among three branches of government (executive, judicial and legislative) with a system of checks and balances to prevent one branch from gaining too much power. Congress writes the laws, the president enforces them, and the courts interpret and apply them to settle disputes. Each branch has some authority over the others to balance the power. For example, the president nominates federal judges, but the Senate must approve them.
An independent judicial branch is important because federal judges sometimes make unpopular decisions. To ensure judges are impartial and free from outside pressure, the Constitution gives them appointments for life with good behavior and says their salaries cannot be reduced while in office.
Thanks to the American Bar Association Judicial Division's National Conference of Federal Trial Judges, Chaired (2007 - 2008) by U.S. District Court Judge Barbara M.G. Lynn, Dallas, TX and to videographer Ken Ridgway.
The role of the judicial branch is to safeguard the rights of citizens guaranteed by the Constitution. Citizens can challenge laws or government actions in court that they believe violate their rights. The federal courts are structured so individuals may pursue a case if they are dissatisfied with an initial outcome. An appeals process allows review of a ruling by a higher court and may lead to the highest court in the nation, the U.S. Supreme Court. This court has the power of judicial review, meaning it can invalidate a law that it decides is unconstitutional and the two other branches must respect its decision.
The United States has two separate court systems: federal and state. This dual system is the result of the government structure set up by the Constitution called federalism in which states and the federal government share power. Each government needs its own court system to apply and interpret its laws in civil and criminal cases.
Federal courts handle only the legal matters determined by the Constitution. Among these matters are cases that involve the federal government, U.S. Constitution or laws passed by Congress; bankruptcies; disputes between states or between the United States and foreign governments; civil cases in which the parties live in different states; maritime laws; patent, copyright and trademark laws; and banking and anti-trust laws. If a state’s highest court rules on a federal question in a state case, the U.S. Supreme Court may review that ruling.
Each state’s court system is organized differently, but all state courts handle legal matters that the Constitution did not direct to the federal courts. For example, laws about child custody, traffic and elections are under the state courts’ jurisdiction because the Constitution does not authorize the federal government to regulate these areas.
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