US Legal System

AMERICAN LEGAL SYSTEM
The US legal system has several layers, more possibly than in most other countries. The Constitution is the main power of the US legal system. It was adopted in 1787, and ratified in 1788. The Constitution sets strict boundaries between federal and state law and also divides legal system into 3 branches of government: legislative, executive, and judicial branches. It creates a “separation of powers” between each branch and creates system of “checks-and-balances” to prevent any branch from overwhelming the others.
Legislative Branch
The legislative branch consists of the two houses of Congress—the Senate and the House of Representatives. The most important duty of the legislative branch is to make laws. Laws are written, discussed and voted on in Congress.
There are 100 senators in the Senate, two from each state. Senators are elected by their states and serve six-year terms. The Senate approves nominations made by the President to the Cabinet, the Supreme Court, federal courts and other posts. The Senate must ratify all treaties by a two-thirds vote.
There are 435 representatives in the House of Representatives. The number of representatives each state gets is based on its population. When population of a state has changed significantly, the number of representatives in that state may shift proportionately.
Executive Branch
The President is the head of the executive branch, which makes laws official. The President is elected by the entire country and serves a four-year term. The President approves and carries out laws passed by the legislative branch. He appoints or removes cabinet members and officials. He negotiates treaties, and acts as head of state and commander in chief of the armed forces.
The executive branch also includes the Vice President and other officials, such as members of the cabinet. The cabinet is made up of the heads of the 15 major departments of the government (The Secretary of State, The Secretary of Defense, The Secretary of Agriculture, The Secretary of Transportation, The Secretary of Education and so on). The cabinet gives advice to the President about important matters.
Judicial Branch
The judicial branch oversees the court system of the U.S. Through court cases, the judicial branch explains the meaning of the Constitution and laws passed by Congress. The Supreme Court is the head of the judicial branch. Unlike a criminal court, the Supreme Court rules whether something is constitutional or unconstitutional—whether or not it is permitted under the Constitution.
On the Supreme Court there are nine justices, or judges: eight associate justices and one chief justice. The judges are nominated by the President and approved by the Senate. They have no term limits. The Supreme Court is the highest court in the land. Its decisions are final, and no other court can overrule those decisions. Decisions of the Supreme Court set precedents—new ways of interpreting the law.
Significant Supreme Court Cases
1803 Marbury v. Madison— was the first time a law passed by Congress was declared unconstitutional
1857 Dred Scott v. Sanford—Declared that a slave was not a citizen, and that Congress could not outlaw slavery in U.S. territories
1896 Plessy v. Ferguson—Said that racial segregation was legal
1954 Brown v. Board of Education—Made racial segregation in schools illegal
1966 Miranda v. Arizona —stated that criminal suspects must be informed of their rights before being questioned by the police.
1973 Roe v. Wade—Made abortion legal
2003 Grutter v. Bollinger and Gratz v. Bollinger—Ruled that colleges can, under certain conditions, consider race and ethnicity in admissions.