By Hannah Walton
The United States Constitution creates a system that splits powers between state government and the federal government. The federal government is responsible for national issues which include the military, interstate highways, printing money, and managing mail to name a few. All other power is left to the states, which not only prevents the federal government from becoming too strong, but provides states with the freedom to make and interpret laws. Each state has their own power and deals with issues such as drivers’ licenses and education.[1] America’s system of splitting power created two different court systems, one for the state government and another for the federal government.
Individuals who violate state constitutions are brought to state court. “About 90% of all cases heard in the American court system happen at the state level”.[2] The court system differs depending on the state, however most consist of the county court on the lowest level. This is followed by the circuit court, the district court of appeals, and finally the state supreme court being the highest level.[3] In addition to this, most states have courts that hear specific legal issues for example juvenile court or probate court. Most criminal cases are heard in state courts as well as personal injury and family law cases. Although the state supreme court is the final judge of state laws and state constitutions, cases that deal with federal law, the U.S. Constitution, or interstate disputes can be appealed to the United States Supreme Court.3 The state court system has general jurisdiction, meaning that any case that does not meet the requirements of the federal court will be heard at this level.2
To ensure that the federal government would not overpower the state government, the federal government has a limited jurisdiction. The most significant number of cases that are brought to the federal court system are those that involve the Constitution and federal statutes.[4] The lowest court on the federal level are district courts, also known as trial courts. The next level is the circuit court of appeals, and finally the highest court in the judicial system is the Supreme Court. Diversity jurisdiction, or disputes between citizens of different states, laws and treaties of the U.S., and bankruptcy cases are examples of cases that can be heard at the federal level. The criminal cases that are sent directly to the federal court violate federal laws for example bank robbery or kidnapping. In the event that both the state and federal court have jurisdiction, the plaintiff has the ability to decide which court to bring the case to. A separation between the state and federal court system protects the rights of citizens and ensures a streamline process to receive justice.
[1] https://spn.org/articles/what-is-federalism/#more
[2] https://judiciallearningcenter.org/state-courts-vs-federal-courts/
[4] https://www.justice.gov/usao/justice-101/federal-courts
TAGS:
RECENT POSTS