The United States has a unique legal system divided into two separate and distinct branches: the state legal system and the federal legal system. Both methods have laws, court systems, and enforcement mechanisms, but they also share similarities (Gu & Shi,2019). In this essay, we will explore the reasons for the existence of two legal systems in the United States, how they are similar, and how they are different.
Two types of federal systems in the United States
One of the main reasons for the existence of two legal systems in the United States is the country’s history. The United States was initially formed as a confederation of independent states, each with its government and legal system. The Constitution, adopted in 1787, established a federal government with limited powers while reserving most of the authority to the individual states (Rockwell & Gilroy,2020). This principle of federalism was intended to balance the national government’s needs with the states’ autonomy.
Another reason for the dual legal system is the diversity of the population and the need for different laws in different regions. The United States is a large and diverse country with a wide range of cultures, languages, and economic conditions. State laws reflect the unique characteristics of each state and its population, allowing for more localized solutions to legal issues. (Oliveira et al.,2020). The federal legal system is responsible for enforcing federal laws and protecting the rights of citizens. Federal laws are passed by Congress and signed into law by the President. They cover various issues, including criminal law, immigration, intellectual property, and interstate commerce. The federal legal system also includes the Supreme Court, which has the power of judicial review and can declare federal laws unconstitutional.
Similarities between the United States federal systems
Another similarity is the use of a written constitution as the supreme law of the land. In the United States, the Constitution is the supreme law, and any federal or state laws that conflict with it are invalid. In other federal systems, such as Australia and Canada, the Constitution also holds a similar level of authority and serves as a written document outlining citizens’ division of powers and rights.
Additionally, many federal systems, like the United States, have a system of checks and balances to prevent any one branch or level of government from becoming too powerful (Gu & Shi,2019). In the United States, the Constitution divides power among the legislative, executive, and judicial branches, each of which has the power to check the actions of the others. This system is designed to ensure that every branch or level of government becomes sufficiently robust and protects citizens’ rights.
Differences between the United States federal systems
Despite their similarities, there are also significant differences between the state and federal legal systems. One of the main differences is the scope of their authority. The federal legal system has authority over matters that affect the entire nation, such as national security, foreign policy, and interstate commerce (Saloner et al.,2020). On the other hand, the state legal system has authority over matters specific to each state, such as education, health care, and local government. Another difference is the structure of the court system. The federal court system is hierarchical, with the Supreme Court at the top, followed by the circuit and district courts. On the other hand, the state court system is more decentralized, with each state having its court system, including a supreme court.
Conclusion
In conclusion, the dual legal system in the United States is rooted in the country’s history and the principles of federalism. It allows for the population’s diverse needs to be met, provides a system of checks and balances, and allows for more efficient use of resources. The state and federal legal systems have the same ultimate goal but different scopes of authority and court system structures.
References
DiMaggio, P. (2019). Social structure, institutions, and cultural goods: The case of the United States. In Social theory for changing society (pp. 133–166). Routledge. https://www.taylorfrancis.com/chapters/edit/10.4324/9780429306440-5/social-structure-institutions-cultural-goods-case-united-states-paul-dimaggio
Oliveira, A. C., da Silva, L. F., Eler, M. M., & Freire, A. P. (2020, November). Do Brazilian Federal Agencies Specify Accessibility Requirements for the Development of their Mobile Apps?. In XVI Brazilian Symposium on Information Systems (pp. 1-8). https://dl.acm.org/doi/abs/10.1145/3411564.3411643
Rockwell, K. L., & Gilroy, A. S. (2020). Incorporating telemedicine as part of COVID-19 outbreak response systems. Am J Manag Care, 26(4), 147–148. http://ajmc.s3.amazonaws.com/_media/_pdf/AJMC_04_2020_Rockwell.pdf
Saloner, B., Parish, K., Ward, J. A., DiLaura, G., & Dolovich, S. (2020). COVID-19 cases and deaths in federal and state prisons. Jama, 324(6), 602-603. https://jamanetwork.com/journals/jama/article-abstract/2768249
Gu, L., & Shi, Y. (2019). Online monitoring technique of power condition for the inverter-fed motor-driven hydraulic system. Mathematical Problems in Engineering, 2019. https://www.hindawi.com/journals/mpe/2019/4908942/
write