Introduction
The United States legal system comprises the state and federal systems, which is why it is labeled as a dual system. These two systems can be traced back to the nation’s founding when the country’s legal framework and historical development led to a complicated interplay between state sovereignty and national unity. Comprehending why the dual legal system is used needs a deep evaluation of its history, the legal framework it was founded on, and the roles or responsibilities of both systems. This essay addresses these aspects.
Historical Context
The dual legal system can be traced back to the colonial days before the establishment of a new country. Before declaring independence, the colonies had independent legal systems that they inherited from the Europeans, mostly English Crown law. Each colony had its courts, statutes, and legal traditions that reflected on governance structures and local customs. All of this changed after declaring independence since the founding fathers of the country wrote a detailed constitution that outlined a need to balance the powers of the state and federal governments to guarantee respect for sovereignty. Such a balance can be seen through the 10th Amendment, which ensures powers between the state, the people, and the federal government are respected. Federalism helped lay a foundation for the dual legal system as it divided the legal authorities between the states and national governments.
Constitutional Framework
The Constitution is the supreme law of the United States since it aids in establishing the structure of the federal entities and also allocates their powers. The Constitution’s Article III set out that the federal judiciary should be headed by the Supreme Court as the highest court (Weyland, 2020). This federal judiciary’s role is to interpret federal laws, adjudicate cases on federal parties and questions, and resolve issues between states. On the other side, states have their laws and constitutions. The same applies to legal systems and governments (Singer, 2018). These constitutions come in handy in outlining the structures of state governments by dividing the powers between the different government branches and establishing various state courts.
Similarities and Differences
There are similarities shared between state and federal systems, such as adherence to the law and hierarchical court structures. One of the primary differences between state and federal systems is their jurisdictions. Federal courts hear cases around maritime laws, admiralty, and federal law; hence, they have limited jurisdiction in the United States (Born & Rutledge, 2022). The same applies to controversies involving foreign elements and states. These courts also handle cases where citizens from varying states have a dispute and where the United States is involved. On the other hand, state courts have broader mandates. They hear cases related to criminal activities, contracts, torts, property disputes, family law, and state law (Singer, 2018). They are the key venues for most legal dispute resolution; hence, they showcase the nature of decentralized American governance and how state sovereignty functions within this democracy.
An additional difference is how each system is governed by a different sources of law. Federal law is outlined in the country’s Constitution. The statutes in the United States constitutions are regulations set up by federal agencies, judicial decisions of federal courts, and federal laws from the past. There is a supremacy clause within the Constitution that establishes federal law as the country’s supreme law; thus, it preempts conflicts with state laws. On the other hand, state laws are derived from state constitutions (Weyland, 2020). They are made up of past judicial laws from state courts, regulations given by state agencies, and statutes from state legislation bodies. Each state has its legal frameworks that are tailor-made for the needs and preferences of its people but have to operate under the constraints of federal law and the Constitution.
Functions
State and federal legal systems serve the same functions despite the differences. These are to uphold individual rights, resolve disputes, and administer justice. Courts in both the federal and state systems interpret the law and apply it to the facts of each case to ensure fair and impartial adjudication (Weyland, 2020). They also ensure the power balance between the various government branches. These courts collaborate in concurrent jurisdictions because there are cases that can be addressed in whichever system (Born & Rutledge, 2022). There are times when the federal courts can hear issues around federal questions and claims against the US, while state courts hear issues around state parties’ laws.
Conclusion
The United States’ dual legal system comprises the federal and state systems. It highlights the country’s commitment to the rule of law and how it is committed to federalism. Each of the two systems is independent of the other when their authority is examined, but they are interlinked through cooperation, respect, and other jurisdiction principles. Such a dual system ensures that there is a balance of power between states and the federal government while ensuring that the diverse needs of American society are accommodated.
References
Born, G. B., & Rutledge, P. B. (2022). International civil litigation in United States courts. Aspen Publishing.
Singer, L. (2018). Settling disputes: Conflict resolution in business, families, and the legal system. Routledge.
Populism’s threat to democracy: Comparative lessons for the United States. Perspectives on Politics, 18(2), 389-406.
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