INTRODUCTION TO THE AMERICAN JUDICIAL SYSTEM

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This short course offers an introduction to the U.S. judicial system, why it should matter to every citizen, and what your role can be within the system.

It begins by exploring different ideas of justice—fairness, protection of rights, accountability, social good, and fair process—showing that our courts are where these principles are tested in daily life. It then explains the essential roles of courts: interpreting laws, protecting liberties, holding government accountable, and ensuring fair processes, while also noting alternatives like mediation. Readers are introduced to the dual structure of state and federal courts, how cases move through them, and how judicial review checks other branches of government. Special attention is given to practical concepts like standing and jurisdiction, and to the ways courts shape elections, safeguard civil liberties, and balance freedom with accountability.

The short course also examines imperfections such as unequal access to lawyers, limits on enforcement power, and the impact of partisanship, thus reminding readers that courts are powerful but not flawless. And, of course, judges and juries are not infallible; they can and do make mistakes from time to time.

Last, but not least, it highlights the reader’s role: electing judges in some states, electing presidents and senators who shape the federal judiciary for generations, and serving on juries.

The bottom line is that courts affect our everyday freedoms—work, family, speech, privacy, voting—and that citizen engagement is essential to ensure judicial decisions are fair and trustworthy.

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WHAT IS JUSTICE?

Why is this important? You want to be treated fairly. At the same time, our communities depend on a deeper foundation: We can only live together peacefully if we treat each other fairly. These two levels—personal and societal—capture the essence of justice. The judicial system is where fairness is tested, enforced, and often contested.

There are different ideas about what justice is, or should be. We summarize several below. Most of us hold many or all of those ideas to different degrees; we emphasize different aspects, sometimes depending on context. Citizens, elected officials, and the courts must navigate among these ideas.

In this light, it would be good for you to have some idea of what the most common ideas are, even if you don’t agree with all of them. Here is a short list:

Justice as a Fair Process. For many people, the legitimacy of the system rests less on outcomes than on procedures. People are more likely to accept decisions, even ones they dislike, when the courts are open, judges are impartial, and due process is respected.

Justice as Fair Treatment. Many see justice as everyone being treated equally and without bias. The same rules should apply to all, no matter one’s wealth, race, gender, or social standing. When courts uphold equal treatment under the law, public trust grows.

Justice as Protection of Liberties and Rights. Justice can also focus on safeguarding the basic liberties and rights promised in our Constitution. Courts can play a central role in protecting these liberties and rights from infringement by others or by government itself.

Justice as Rewards and Punishments. Some view justice as getting what one deserves: wrongdoers should be held accountable, and honest effort should be rewarded. This idea underlies much of criminal and civil law, where proportional consequences can match actions. (Civil law is concerned with private relations between members of a community rather than criminal acts.)

Justice as a Social Good. Another perspective looks at how society distributes resources and opportunities. Is it fair that some people thrive while others lack necessities? Different political ideologies offer different answers, but the courts inevitably confront questions of fairness in outcomes when disputes arise.

Taken together, these perspectives explain why courts matter so deeply. Judicial decisions touch every part of our lives—our families, our jobs, our property, our freedoms—and they shape how we live together as a nation. Whether one is concerned about liberty, equality, accountability, or fairness in daily life, the judicial system is where these principles are tested. Understanding how it works is not just for lawyers or politicians. It is essential for anyone who wants to know how their rights are protected, how disputes are resolved, and how justice is pursued in a democracy.

WHAT ARE THE ROLES OF THE JUDICIAL SYSTEM?

Why is this important? The judicial system is more than legal drama on the news. The judicial system shapes far more of our daily lives than we realize. It is the part of government that interprets the rules, protects our rights, and keeps power in check. Understanding how it works helps all of us see where justice lives in our daily lives—and why it is worth paying attention to. The first step is to understand how the judicial system is set up. Here is a quick introduction.

1. Courts Interpret and Apply the Law
Everyday problems—buying a home, signing a contract, custody of children, facing a criminal charge—depend on how judges apply the law. Clear and consistent rulings make life more predictable for everyone. They also set precedents, so similar cases are treated alike across time and place.

2. Courts Can Protect Individual Liberties and Rights.
The courts are where people can seek protection if their liberties (like free speech or freedom of religion) have been denied or their rights have been violated (perhaps through an unlawful search, discrimination, or unfair treatment by officials).

3. Courts Can Hold Government Officials Accountable. No one, not even the President or Congress, should be above the law. Courts play a valuable role in overseeing and ensuring that proper procedures are followed in each branch of the federal, state, and local governments. Courts can provide a vital check when officials overstep their authority. When accountability is enforced, it not only protects individual citizens but also reinforces public trust in the whole system of government.

HOW IS THE SYSTEM ORGANIZED?

The United States has not one but two court systems: state and federal. They run side by side, each with trial courts, appeals courts, and a high court at the top. Most of the time, your daily legal issues—family disputes, traffic tickets, property fights, or criminal charges—are handled by state courts. Federal courts step in for national questions, constitutional issues, or disputes that cross state or international lines. Article III of the U.S. Constitution requires a Supreme Court of the United States and allows Congress to set up additional federal courts, which it has done throughout our history.

Knowing the basic structure helps you see where power lies and how justice is delivered. State courts decide most of the cases that affect daily life, but federal courts and the Supreme Court shape the big questions of liberty, equality, and government power. Together, these two systems form the backbone of justice in America.

State Courts: Where Most Cases Begin

• Trial courts: This is where cases start—whether it’s a criminal trial, a contract dispute, a family matter, or a probate question about wills.
• Appellate courts: If someone thinks the trial court got the law wrong, they can appeal. Many states have an intermediate appeals level before the case reaches the state’s highest court.
• State supreme court: The final word on state law. But if the case involves a federal constitutional question—say, freedom of speech or equal protection—it may be appealed to the Supreme Court of the United States.
• Specialized state courts: Many states also have courts for particular issues, such as juvenile justice, traffic, family law, or highly local concerns like water rights.

Federal Courts: National Questions and Constitutional Issues

• District courts: These are the federal trial courts. There are 94 districts across the U.S. and its territories. A single judge (sometimes with a jury) handles cases involving federal crimes, federal laws, or large multi-state disputes.
• Courts of appeals: The country is divided into 13 circuits. If someone challenges a district court decision, a panel of three judges reviews the record to see if the law was applied correctly. For most cases, this is where the journey ends.
• The Supreme Court of the United States: The highest court in the land, with nine justices. It chooses which cases to hear—usually the ones involving major constitutional questions or disagreements among lower courts. When the Supreme Court rules, its decision is final and binding on all other courts.

Specialized Courts: Focused Expertise

• Federal: Some courts handle only specific issues—bankruptcy, tax disputes, veterans’ claims, or trade.
• State: Similar specialization exists at the state level, where courts may focus on family law, probate, juvenile justice, or traffic law violations.

THE COURTS IN RELATION TO THE OTHER BRANCHES OF GOVERNMENT

The U.S. judicial system is more than a referee for private disputes. Courts also shape how the three branches of government balance power, and they set limits on what officials can and cannot do. Understanding these relationships explains why the judiciary matters to every citizen.

These checks and balances are not abstract—they affect how laws are enforced, how leaders are held accountable, and how individual liberties and rights are protected. The judiciary can play a central role in ensuring no one is above the law and that the rules of democracy apply fairly to all, regardless of whether you lean right, left, or center. We summarize some of the ways this can be done here:

Reviewing the Other Branches

One of the judiciary’s most important roles is judicial review—the power to decide whether laws or executive actions violate the Constitution. This authority was outlined in Federalist 78 and affirmed in Marbury v. Madison (1803) and has been central ever since.

• It means the federal courts including the Supreme Court, can strike down acts of Congress and presidential orders that overstep constitutional boundaries.
• State laws that may be in conflict with the federal Constitution can also be struck down by the Supreme Court of the United States or the state’s own supreme court. If a ruling by a state supreme court involves a disputed provision in the federal Constitution and that ruling is appealed, the appeal, if granted, will be heard by the Supreme Court of the United States.

Protecting the Judiciary’s Independence

The Constitution’s framers intended to insulate the federal courts from political pressure. They therefore required that:

• Federal judges are nominated by the president and confirmed by the Senate.
• Federal judges cannot be easily removed for unpopular decisions. They can be removed only through impeachment by Congress.
• They serve for life:
  • This rule is meant to free them from short-term politics.
  • This also creates an incentive for presidents and senators to choose judges who will be trusted regardless of which political parties are in control in the future.
  • It also means appointments are hotly contested.
• Their salaries cannot be reduced.

Similar protections exist for state court judges – with some caveats.

• State judges are chosen in different ways in different states. In some states, they are nominated and appointed, in some states, they are appointed and then allowed to run for election when their term expires, while in other states, some are elected from the start. We will explore this topic more later in the course.

Setting Limits on Government Officials

Courts decide how far power can reach:

• Presidential immunity: The courts have recognized that presidents have some protections while in office, though not absolute immunity. Following Trump v. United States, 2024, this immunity also extends to presidents after they leave office, particularly for acts within their core constitutional authority.
• Qualified immunity: This doctrine shields many government officials, from federal cabinet officials to local police officers, from personal liability unless they clearly violate a constitutional right that was already clearly established by existing precedent at the time of the incident. (See also “stare decisis” described in “Uniform Justice” below.) Supporters argue it prevents frivolous lawsuits; critics say it makes accountability too hard to achieve.

Congress and the Courts

While courts can review congressional laws, Article III of the Constitution also gives Congress some power to limit the federal courts, such as deciding which kinds of cases the courts are allowed to hear. (See Article III, Section 2, Clause 2, Sentence 2 of the Constitution.) This push-and-pull is part of the ongoing balancing process among the three branches of government.

If you want to learn more about the three branches of government, you can check out any of the following three short courses:

America: Republic or Democracy
The Presidency
An Introduction to the U.S. Congress

HOW COURTS DECIDE WHICH CASES THEY HEAR

Why is this important? The concepts of “standing” and “jurisdiction” help explain why some lawsuits move forward, and others don’t, and why certain big national issues land before the Supreme Court.

Courts don’t exist to settle every argument or weigh in on abstract debates. They exist to resolve real disputes—cases where someone’s rights, money, or freedom are on the line. Two big principles determine which cases get through the courthouse doors: standing and jurisdiction. These rules are meant to keep courts focused on real conflicts, prevent them from becoming political debating halls, and ensure that cases are heard in the right place.

In short, standing decides who can sue, jurisdiction decides where they can sue, and the Supreme Court decides which battles are worth its time.

Standing: Who Can Sue?

“Standing” answers the question: Do you have enough of a stake in this issue to bring it before a court?

• At the federal level, Article III of the Constitution limits courts to “cases” and “controversies.” Over time, judges developed a three-part test:
  
  • Injury in fact: You must show a concrete, personal harm—not just a general complaint like “I don’t like how Congress spends tax dollars.”Causation: The injury must be fairly traceable to the defendant’s actions.
  • Redressability: The court must be able to fix the problem with a remedy, such as compensation or an order to stop the harmful action.
• In state courts, rules vary. Some states follow the federal model closely. Others are more flexible, allowing cases when a strong public interest is at stake—even if the plaintiff hasn’t been personally harmed. For example, a state may allow taxpayers to sue over illegal government spending, or citizens to challenge environmental damage.

Why it matters: Standing prevents courts from being used for political fights without real victims, while still leaving space for citizens to hold government accountable.

Jurisdiction: Which Court Can Hear a Case?

“Jurisdiction” answers two questions: What kind of case is this? And which court has the authority to decide it?

• State courts are “courts of general jurisdiction.” They can hear almost any type of case under state or federal law, except those reserved exclusively for federal courts. That’s why most disputes—family law, contracts, property, and most crimes—are handled at the state level.
• Federal courts handle cases that involve:
  • Federal law or the U.S. Constitution (“federal question” cases). Large disputes between citizens of different states (usually when the two sides fear bias from a state court and damages exceed $75,000).
  • Disputes between states or cases involving foreign governments.

The Supreme Court’s Selective Role in Deciding Which Cases to Hear

Out of more than 7,000 petitions each year, on average, the Supreme Court accepts only about 80. Four justices must agree to hear a case. They usually choose cases that involve:

• Major constitutional questions, or
• Conflicts among lower courts that need to be resolved for consistency.

The Court also has rare situations of original jurisdiction—like disputes between states—where it acts as the first and only court. Thus, some cases, such as certain redistricting disputes, can bypass the normal process and go directly to the Supreme Court. This power is set out in Article III, Section 2 of the U.S. Constitution.

TOWARDS UNIFORM JUSTICE

Why this is important: Any two judges might have quite different opinions about how to handle some cases or some of the people appearing before them. If this were allowed, complaints of discrimination and incompetence would overwhelm the system.

To protect against this, the British Common Law system adopted by the United States requires that similar cases be decided similarly. The legal profession refers to this principle as “stare decisis.” Thus, lower court judges must generally follow precedents set by higher courts as well as by any other court that may have decided a particular type of case first.

• Lower courts can break from precedent but only with considerable difficulty. They might be able to show that the facts of the case are fundamentally different from precedent, perhaps because of new technology or changes in society, that a new legal issue is involved, or that there are new legal issues or conflicting precedents.
• Higher courts can revise their own prior decisions. This might happen when judges determine the original decision “egregiously wrong” or based on faulty logic, when they find the original ruling is too difficult for lower courts to apply consistently, when a change might be too disruptive (to elections or to an industry), or when more recent decisions have eroded the foundation of the original decision.
• A famous example of a Supreme Court reversal involved the state-enforced segregation of rail cars under the doctrine of “separate but equal” established by Plessy v. Ferguson (1896). That decision was overturned in Brown v. Board of Education (1954).
• A more recent example is Dobbs v. Jackson Women’s Health Organization (2022), which returned abortion law to the states by overturning Roe v. Wade (1973).

HOW COURTS CAN SHAPE FREE & FAIR ELECTIONS

Why should you care about courts and elections? People have fought in the courts for advantage over almost every rule that decides who may vote, how voting districts are drawn, and how money influences campaigns – and they will continue to do so.

The courtroom is the main place where free and fair elections are either strengthened or eroded. What courts decide doesn’t just affect politicians; it determines if you can vote, where you vote, when you vote, whether your vote is counted, how much money you can contribute, and whether your contribution is confidential. For many people, these factors shape their trust in elections.

The U.S. Constitution delegates much but not all of election law to the states. Article 1, Section 4 says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.” The result is some overarching requirements set out in the Constitution and federal law, alongside a wide range of arrangements set out in various state laws. This complexity also naturally leads to conflicts over election laws. We therefore include a short sub-section summarizing some of the recent court cases in that regard.

Who May Vote

• Federal courts enforced the Voting Rights Act (1965) to stop literacy tests as a voter registration requirement and stop racial discrimination in registration and voting. Following this ruling, some state courts went further, striking down some voter registration rules under state constitutions.
• Poll taxes as a voter registration requirement were ended by Harper v. Virginia Board of Elections (1966).
• Federal courts have occasionally blocked some restrictive state voter ID laws while upholding others.
• Some state courts have allowed extended mail-in ballot deadlines while others have not.
• Federal courts have upheld rights for language minorities, disabled voters, and others.

How Voting Districts Are Drawn

• Baker v. Carr (1962) and Reynolds v. Sims (1964) required legislative districts to have roughly equal populations. After this ruling, some state courts revised voting districts to ensure equal representation.
• Rucho v. Common Cause (2019) ruled that partisan gerrymandering was beyond federal court review.

Money in Politics

• The Tillman Act of 1907 (34 Stat. 864) was the first campaign finance law in the United States. The law prohibited national banks and federally chartered corporations from contributing to election campaigns at any level, national, state, or local. It prohibited “any corporation whatever” from making contributions in elections for president and the House of Representatives.
• Buckley v. Valeo (1976) established the principle that spending money on political campaigns is a form of protected speech under the First Amendment. The Supreme Court held that “virtually every means of communicating ideas in today’s mass society requires the expenditure of money,” and thus, limiting campaign expenditures would unconstitutionally reduce the quantity of expression.
• Citizens United v. FEC (2010) allowed corporations and unions to spend unlimited amounts in elections.

Federal Oversight

• In the case of U.S. Term Limits, Inc. v. Thornton (1995), the Court held that neither Congress nor the states can impose additional qualifications for federal office (such as term limits) beyond those explicitly listed in the Constitution (age, citizenship, and residency). The Elections Clause is a grant of authority for “procedural regulations,” not a power to “dictate electoral outcomes, to favor or disfavor a class of candidates, or to evade important constitutional restraints.”
• Shelby County v. Holder (2013) struck down the portion of the 1965 Voting Rights Act that required federal review of election laws in some states.
• The Supreme Court balanced the powers of state and federal courts to review state election laws in Moore v. Harper (2023).
  • It ruled that state courts retain the power to review election laws passed by their state legislatures for compliance with their own state constitutions. This ruling established a check on Congress’s power in that federal law does not preempt the entire system of state checks and balances.
  • At the same time, the Court also noted that state courts may not “transgress the ordinary bounds of judicial review” or “arrogate to themselves” the core legislative power granted by the Elections Clause, thus leaving open the possibility of future federal court review in extreme circumstances.

To learn more about other aspects of elections and election administration, see our short course Things You Might Not Know About Elections.

HOW COURTS CAN PROTECT OUR CIVIL LIBERTIES AND RIGHTS

Why should you care about courts and rights? Every liberty and right you rely on depends not only on laws passed by Congress or state legislatures, but also on how judges interpret and enforce them. The judicial system is where liberty and equality are secured, tested, and sometimes limited. Understanding how this works helps explain both your personal protections and the health of democracy as a whole.

Your everyday freedoms and rights – from what you say online to whether your vote is counted -depend on how courts interpret and enforce the Constitution. Judges can expand rights, restrict them, or leave them unsettled. That’s why paying attention to the judicial system isn’t just for lawyers—it’s about protecting the fairness and freedoms we all rely on.

Here is a short introduction to some of the key things to keep an eye on: dual safeguards, judicial independence, core liberties and rights, procedural protections, and more.

A Dual System of Safeguards

The United States has two overlapping judicial systems: federal and state.

• Federal courts set a national baseline by defending liberties and enforcing rights guaranteed in the U.S. Constitution and federal law.
• State courts can also defend liberties and enforce rights—and sometimes expand them under their own constitutions, creating stronger protections for citizens.

Together, these systems create a layered defense. In theory, if one level fails, the other can step in. In practice, the strength of those safeguards has varied depending on which state laws apply, which judges are serving, and how persuasively cases are argued before them.

Why Independence Matters

Courts are designed to protect people—even against powerful governments. But this only works if judges are unbiased and free from political coercion.

• Judicial independence means judges cannot be easily removed for unpopular decisions. For individuals, this helps ensure a fair hearing even when facing powerful interests. For society, judicial independence makes it more likely that rulings are based on law and evidence, rather than partisan pressure.

Core Civil Liberties and Rights

Courts play a central role in defining and protecting the rights that shape daily life:

• Freedoms of the First Amendment: speech, religion, press, assembly, petition.
• Protections of the Second and Third Amendments: the right to bear arms, and limits on the quartering (placement) of soldiers in our homes.
• Equal protection and due process (Fourteenth Amendment): a cornerstone for civil rights, striking down segregation and expanding equality.
  • The first eight amendments in the Bill of Rights were originally applied only to the federal government. The Fourteenth Amendment was used after its ratification in 1868 to gradually ensure that much (but not all) of the Bill of Rights was applied to state laws and actions. The most recent incorporations include the Second Amendment in 2010 and the Eighth Amendment’s ban on excessive fines in 2019. 
  • Example: The Supreme Court declared in Brown v. Board of Education (1954) that racial segregation in public schools violates the Equal Protection Clause of the Fourteenth Amendment and is therefore unconstitutional, overturning the “separate but equal” doctrine established in Plessy v. Ferguson (1896).
• Voting rights (Fifteenth Amendment): prohibiting racial discrimination in access to the ballot.

Procedural Protections: Fairness in Practice

Reader alert: This is worth reading carefully, even if it is long.

Beyond broad rights, courts enforce due process through rules that make the justice system itself fair. Most of these are found in the U.S. Constitution:

• A writ of habeas corpus is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner’s continued confinement.
  • Required by Article 1, Section 9, Clause 2 of the U.S. Constitution. “The writ of habeas corpus shall not be suspended (by Congress), unless when in cases of rebellion or invasion the public safety may require it.” Note: The words in parentheses are ours.
• All defendants are to be assumed innocent until proven guilty beyond a reasonable doubt. This mandate is a long-standing principle that is backed by several Supreme Court decisions based on its interpretations of the Fifth and Fourteenth Amendments.
• Unreasonable searches are prohibited, fair trial procedures are mandated, and cruel and unusual punishment is forbidden via the Fourth to Eighth Amendments to the Constitution.
  • The Fourth Amendment forbids unreasonable searches and seizures.
  • The Fourth Amendment also prohibits warrants for arrest or searches without probable cause.
  • Baseless prosecutions: In Federal cases, the Fifth Amendment requires a Grand Jury of 16 to 23 citizens who determine if there is enough evidence, or probable cause, to formally accuse (indict) someone of a serious crime by issuing an indictment. Unlike a trial jury, a grand jury does not decide guilt or innocence.
    • Indictment in federal cases requires the support of at least 12 of the 16 to 23 jurors.
    • Roughly half of the states also require grand jury indictments for felonies. In the other half, the use of grand juries is discretionary. The number of jurors and jurors required for indictment varies from state to state.
    • The grand juries function in secrecy, acting as a check on government power by investigating potential crimes and protecting citizens from unfounded prosecutions.
  • The Fifth Amendment bars double jeopardy (being tried twice for the same crime).
  • You have the right to remain silent; you cannot be forced to be a witness against yourself. The Fifth Amendment prohibits that.
  • Your life, liberty, and property cannot be taken from you without due process, another Fifth Amendment requirement. In addition, your property cannot be seized without just compensation.
  • You have the right to a speedy trial, guaranteed by the Sixth Amendment.
  • No secret trials. The Sixth Amendment also guarantees your right to a public trial in the district where the alleged crime was committed. This builds trust in the system.
  • The right to a jury trial in both criminal and civil cases is a Sixth Amendment guarantee.
    • The right to a jury trial is rarely exercised because most cases end in plea bargains.
    • A plea bargain is a negotiated agreement in a criminal case where a defendant pleads guilty to a charge in exchange for concessions from the prosecutor, such as a reduced charge, dismissal of other charges, or a recommendation for a lighter sentence.
  • The right to be informed of the accusation(s) against you is guaranteed by the Sixth Amendment.
  • The right to be confronted in court by the witnesses against you, and to be able to obtain witnesses in your favor, is guaranteed by the Sixth Amendment.
  • Your right to an attorney to represent and defend you in court is another Sixth Amendment guarantee. It has been reaffirmed by the Supreme Court, though limited after the first appeal, meaning many must rely on scarce volunteer lawyers.
  • The Eighth Amendment prohibits excessive bail and fines. 
  • The Eighth Amendment also forbids cruel and unusual punishment.

Beyond the Basics

The Ninth and Tenth Amendments remind us that rights and powers don’t stop at what’s written in the Constitution. Citizens retain unenumerated rights, and states hold powers not given to the federal government. Courts help mediate those boundaries, protecting both individual liberty and state authority.

If you want to learn more about the Amendments to the Constitution, we highly recommend you spend some time with the National Constitution Center website. They provide the details of each Amendment, and they review ongoing debates about how to interpret them.

HOW IS THE U.S. JUDICIAL SYSTEM DIFFERENT FROM OTHER DEMOCRACIES?

The U.S. judicial system stands out in several key ways compared to many other judicial systems around the world, particularly those in civil law countries. The primary distinctions lie in its adversarial nature, its federal structure, the extensive use of juries in civil trials, a unique form of judicial review, and elected judges in many jurisdictions. 

Adversarial versus Inquisitorial System

Adversarial System: The U.S. and most other common law countries (such as Australia, Canada, and the United Kingdom) started out with an adversarial system where two opposing sides (prosecution/plaintiff and defense) present their cases to a neutral third party (judge or jury). Under an adversarial system, judges act as referees, ensuring proper procedure and fairness. Judges do not actively investigate or gather evidence. The truth is expected to emerge from the vigorous contest between the parties.

Inquisitorial System: In most civil law countries (like Germany, France, and Spain), the process is less of a competition and more of a continuous official inquiry. In the inquisitorial system, the judge is an active investigator who leads the inquiry, gathers evidence, questions witnesses, and works to uncover the truth. 

• Note: A very small fraction of U.S. court cases is, in fact, conducted along inquisitorial lines. These are referred to as “bench trials” and require the defendant to waive their right to a jury trial willingly.

Federal Nature

Because of its federal nature, the U.S. maintains parallel federal and state court systems, each with its own jurisdiction and levels of courts (trial, intermediate appellate, and supreme). Most other federations are organized in similar ways. India is one of the few federations with a unified court system. Most non-federation countries also have unified national court systems.

Unique American Features

• Civil Juries: The United States is virtually the only country in the world that permits jury trials in civil cases as well as criminal cases. While many common law nations use juries for criminal cases, most other countries rely solely on professional judges for civil disputes.
• Decentralized Constitutional Review: While many countries have adopted the concept of judicial review (the power of courts to invalidate laws that violate the constitution), the U.S. system is unusual in its implementation.
  • In the U.S., any generalist court, at both federal and state levels, can conduct judicial review within the context of an actual “case or controversy”.
  • In contrast, many countries (like Germany and France) use a specialized Constitutional Court to review laws for constitutionality. These specialized courts often can issue advisory opinions even without a specific live dispute.
• Life Tenure for Federal Judges: U.S. federal judges and Supreme Court justices are appointed for life “during good behavior,” giving them significant independence from political pressure. Many other countries have fixed terms or mandatory retirement ages for their judges.
• Elected State Judges: Unlike most of the world, where judges are typically appointed based on a bureaucratic career path, many U.S. state and local judges and prosecutors are elected by the general population.

IMPERFECTIONS IN THE AMERICAN JUDICIAL SYSTEM

Why should you care about the court system’s flaws? Governments, like the people who make them, are not perfect. Even the best-designed system has flaws that can affect whether your liberties and rights are real in practice, whether justice is fairly applied, and whether the balance of power in government holds.

Understanding these imperfections helps us keep a clear-eyed view of what we can expect from the judicial system – and points the way towards potential future reforms that your elected officials might someday debate.

We briefly review the main categories below: administration, transparency, enforcement, and partisanship. We also discuss two special topics: the election of state and local judges and the nomination of federal judges.

Administrative Imperfections: Uneven Access

Courts may guarantee civil liberties and rights on paper, but, in practice, access to the courts often depends on money and resources.

• Lawyers are expensive, and not everyone can afford them.
• Public defender systems exist for those who cannot afford a lawyer, but these systems are often underfunded and overloaded.
• Barriers to filing cases—fees, paperwork, complex procedures—can discourage ordinary people from seeking justice at all.

These gaps mean that in practice, wealth or resources can influence who wins in court.

Judicial Transparency

Public trust is encouraged when cases are decided transparently – meaning citizens and the media can hear the evidence and arguments and assess the fairness of each trial.

We summarize two examples where the judicial system suffers from a lack of transparency. One is the use of emergency rulings by the Supreme Court. The other is the increased use of plea bargains, rather than jury trials, especially in criminal cases.

• The Supreme Court has been using procedures since at least the 1950s that allow emergency rulings without full, public hearings or written opinions from each justice. Judicial decisions made through this so-called “shadow docket” invite questions about transparency and accountability.
• On paper, the constitutional right to a jury trial remains in force. However, the Supreme Court ruled in Patton v. United States (1930) that defendants may waive this right. The Supreme Court subsequently clarified that the right to a jury trial can be voluntarily surrendered with the permission of the trial court and the agreement of the prosecutor, provided the defendant is knowing and intelligent.
  • In practice, most criminal and civil cases are settled through plea bargaining rather than jury trials. Defendants gamble that pleading guilty under a plea bargain offered by the prosecutor will result in lower penalties than what might happen if they lose a jury trial.
  • Some experts argue that the imbalance of power and knowledge between prosecutors and defendants motivates many innocent people to falsely plead guilty.
  • Other experts claim plea deals offer defendants lesser charges (for example, a misdemeanor instead of a felony) or a shorter prison term than if convicted at trial, and the practice saves the court system time and money since fewer trials and trial lawyers are needed.

Enforcement Imperfections: Courts Don’t Have Armies

Courts can declare what the law requires, but they rely on the executive branches of the federal and state governments to enforce rulings. Judges cannot send troops or write checks. This dependency becomes critical when political leaders resist or delay compliance. For citizens, this reality is a reminder that court decisions are powerful but not self-executing—our system requires cooperation across branches.

Case study: After the Supreme Court’s ruling in Brown v. Board of Education (1954) outlawed racial segregation in public schools, many southern state governments chose not to comply. They adopted policies meant to block school desegregation through legal challenges, political maneuvers, and the closure of public schools. These policies were only overcome through the sustained legal challenges by civil rights organizations and the selective use of the National Guard by presidents Eisenhower, Kennedy, and Johnson.

Partisanship Imperfections: Politics and Power

The Framers of the Constitution did not anticipate modern political parties. The formation of parties had two effects, one through the citizens and one through the parties.

Citizens: Up until 1845, the constitution of each state required that judges be appointed either by the governor, the legislature, or both. After 1845, each new state allowed citizens to elect some or all of its judges.

Political leaders: Today, partisan strategies affect how courts function.

• Judicial selection rules have shifted: In recent years, Senate leaders eliminated the 60-vote requirement for confirming federal judges, first below the Supreme Court (Harry Reid, 2013), and later for the Supreme Court itself (Mitch McConnell, 2017). As a result, judicial appointments are now much more partisan than they had been previously, leading some to worry that judicial decisions are biased.
• Trifectas magnify power: When one party controls the presidency and both houses of Congress—or the governor’s office and both legislatures within a state—it can shape the courts for decades.
• Gridlock and obstruction: When the two major parties hold almost equal numbers of seats in the U.S. Senate or in a state Senate, the minority party may block judicial appointments, leaving courts understaffed.
• De-legitimizing the courts: Some leaders have gone further, suggesting that court rulings can be ignored, eroding respect for judicial authority.

The bottom line: Courts matter because they can protect your liberties and rights—but their imperfections suggest that elections and civic engagement matter just as much. We will discuss your role in that regard in the next section, after the special topic below.

WHAT IS YOUR ROLE IN THE JUDICIAL SYSTEM?

Citizens have a role in shaping the courts and court outcomes. Here is why you should be one of them. The courts don’t just belong to lawyers, judges, or politicians—they belong to all of us. The decisions courts make affect everyday life: your rights at work, your privacy online, your freedom of speech, and your vote.

People make governments. If those people care about you and people like you, then they will shape the government, including the judicial sector, in ways acceptable to you.

As you now know, the judicial system does have its flaws. These imperfections don’t mean the system is broken beyond repair—but they do mean its strength depends on citizens. Courts are only as effective as the balance of power around them, their procedures, and the trust people place in their rulings. The ultimate safeguard is a broad coalition of voters who choose leaders committed to upholding the constitutional framework: presidents, senators, representatives, governors, and legislators.

Here are some of the ways you can have an impact:

Direct Influence: Voting for Judges

In many states, citizens elect judges at the local or state level. Elections can give people a voice in who interprets the law. Citizens help decide how justice will operate in their communities when they vote for or against judicial candidates.

What makes a good judge? The ideal judge, whether elected or appointed, is someone who makes decisions that are wise and fair enough to be broadly accepted by most people, even if they disagree with the “winning” side of an issue. Such a person will need to be competent, diligent, humble, honest, and impartial, with enough integrity to resist being swayed by celebrity, money, or favors. Importantly, they must also be committed to preserving and balancing accountable representation with civil liberties and rights.

To look up how judges are selected in your own state, check here: https://ballotpedia.org/Judicial_selection_in_the_states

Direct Influence: Serving on Grand Juries and Trial Juries

If you serve on a Grand Jury, you will be able to vote – in secret – on whether there is enough evidence, or probable cause, to formally accuse someone of a serious crime by issuing an indictment. By doing so, you can help ensure a trial only goes forward upon probable cause while also serving as a check against baseless accusations.

If you serve on a trial jury, you will be able to vote on whether a person is guilty or not guilty of an alleged crime. Jurors are generally instructed to keep their deliberations and opinions confidential during the trial and often even after the verdict is delivered. Judges decide the voting procedure. They may order a secret ballot for a vote, especially if they anticipate a need for privacy. This can help ensure that jurors vote their true opinions without fear of pressure. Other methods, such as counting raised hands, are also sometimes used.

Indirect Influence: Choosing Presidents and Senators

At the federal level, citizens don’t vote for judges directly. Instead, they elect presidents and senators. Presidents nominate federal judges. Senators confirm or reject those nominations. Together, their combined decisions shape the Supreme Court and the lower federal courts. Because federal judges serve for life, a single election can influence the law for decades, long after a president or senator has left office.

Thus, when you weigh which presidential or senatorial candidate to vote for, take some time to learn how they intend to handle judicial nominations and confirmations. Ask them if they don’t already address the topic in their speeches or advertisements. Look for a willingness to think beyond raw partisanship. As noted earlier, federal judges serve for life, so they must be just as acceptable to future presidents, senators, and citizens as they are to people right now.

Indirect Influence: Ensuring Compliance

We noted earlier that courts do not have armies to enforce their decisions. If you see some elected officials who are not obeying a court decision, and if you believe that the court decision is legitimate and wise, then you can organize voters to try to remove those officials.

Key takeaway: Courts may seem out of reach, but your choices at the ballot box can help influence them. Justice isn’t just handed down from above; it also depends on the engagement of the people it serves.

CONGRATULATIONS! You have reached the end of this short course. We hope it was both useful and interesting.

Want to learn more? Our sources are listed below.

SOURCES

Primary Sources

Baker v. Carr (1962). https://constitutioncenter.org/education/videos/baker-v-carr

Brown v. Board of Education (1954). https://constitutioncenter.org/the-constitution/supreme-court-case-library/brown-v-board-of-education

Buckley v. Valeo (1976). https://www.fec.gov/resources/legal-resources/litigation/Buckley.pdf

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984). https://constitutioncenter.org/the-constitution/supreme-court-case-library/chevron-v-natural-resources-defense-council-inc

Citizens United v. FEC (2010). https://www.fec.gov/legal-resources/court-cases/citizens-united-v-fec/

Federalist 78. https://constitutioncenter.org/the-constitution/historic-document-library/detail/alexander-hamilton-federalist-no-78-1788

Marbury v. Madison (1803). https://constitutioncenter.org/education/videos/supreme-court-spotlight-marbury-v.-madison

Moore v. Harper (2023). https://www.supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf

Patton v. United States (1930). https://www.supremecourt.gov/DocketPDF/25/25-166/374340/20250911100927533_Parada%20Amicus%20Brief%20FINAL%20FOR%20FILING.pdf

Plessy v. Ferguson (1896). https://constitutioncenter.org/education/videos/plessy-v-ferguson

Reynolds v. Sims (1964). https://constitutioncenter.org/the-constitution/supreme-court-case-library/reynolds-v-sims

Rucho v. Common Cause (2019). https://www.supremecourt.gov/opinions/18pdf/18-422_9ol1.pdf

Shelby v. Holder (2013). https://constitutioncenter.org/the-constitution/supreme-court-case-library/shelby-county-v-holder

The Judiciary Act (1789). https://www.fjc.gov/history/timeline/judiciary-act-1789-establishes-federal-courts

The Voting Rights Act (1965). https://www.congress.gov/bill/89th-congress/senate-bill/1564/text

Trump v. CASA (2025). https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf

Trump v. United States (2024). https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf

U.S. Constitution

U.S. Term Limits Inc. v. Thornton (1995). https://tile.loc.gov/storage-services/service/ll/usrep/usrep514/usrep514779/usrep514779.pdf

Textbooks

Neubauer, D. W., & Meinhold, S. S. (2017). Judicial process: Law. courts, and politics in the United States. Cengage Learning, Boston.

Zelden, C. L. (2022). The American judicial system: a very short introduction. Oxford University Press, New York.

Other Sources

Alt, J. E., & Lassen, D. D. (2008). Political and judicial checks on corruption: Evidence from American state governments. Economics & Politics, 20(1), 33-61.

Bannon, A. (2016). Rethinking judicial selection. The Professional Lawyer, 24(1).

Bench trial. U.S. Courts Glossary. https://www.uscourts.gov/glossary?name=bench+trial

Berkson, L., R. Caufield, and M. Reddick (2004). Judicial selection in the United States: A special report. American Judicature Society.

Bjornlund, T., & Mark, A. (2023). Public campaign financing’s effects on judicial legitimacy: Evidence from a survey experiment. Research & Politics, 10(2).

Congressional Research Service. (2007). Mootness: An Explanation of the Justiciability Doctrine. Report No. RS22599.

Harrison, J. (1997). Power of Congress to limit the jurisdiction of Federal Courts and the text of Article III. University of Chicago Law Review, 64(203).

McClure, T. (2018). Does campaign money create the perception of judicial bias? Judicature, 102(3).

Pfander, J. E. (2007). Federal supremacy, state court inferiority, and the constitutionality of jurisdiction-stripping legislation. Northwest University Law Review, 101(191).

Judicial selection in the United States. Ballotpedia. https://ballotpedia.org/Judicial_selection_in_the_states

U.S. Senate. Supreme Court Nominations (1789-Present). https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm

Wikipedia: Third Party Standing Zaccari, L. (2004). Judicial elections: Recent developments, historical perspective, and continued viability, Public Interest Law Review, 8(1).