Judicial System in America – How It Affects You
Often one of the most overlooked branches of the United States government, the Judicial Branch is not often looked upon favorably by the American people. Though most people do not realize the extent to which they are affected by the Judicial Branch, the daily impact of its actions is all around you. In order to fully understand the extent to which the courts influence our lives, I must first explain how they work.
The first significant power granted to the American judicial system occurred as a result of the Supreme Court case, Marbury v. Madison. This first landmark case granted the court the ability to put legislation under what is called judicial review, allowing the American Judicial system to put certain laws under scrutiny to determine their adherence to the United States Constitution.
Using the precedence established by that very first landmark case, the Supreme Court is able to influence widespread social dynamics within the United States. For instance, the court case, Brown v. the Board of Education served as the ignition of the Civil Rights Movement. The court established upon a unanimous decision that segregation in public spaces including parks, bathrooms, schools, and public transportation was unconstitutional according to the 14th Amendment, which guarantees equal protection under law. Ultimately, the courts are a primary reason for the Civil Rights Movement and all of its positive consequences.
Can you imagine if segregationist policies were still in effect today? The court system of the United States provides a crucial avenue for the citizen’s communication of grievances to what may be an unjust law. It lets the common person take an unjust law to court and offer an argument against its validity.
More often than not, however, the American legal system places somewhat of a burden upon society. Local judicial institutions are overcrowded and the United States actually possesses one of the highest overall rates of incarceration worldwide. Most courts and correctional institutions across the nation are at capacity while increasing numbers of arrests are made. For some reason or another, the correctional and criminal aspects of the American legal system are approaching the point of institutional incapability.
Aside from criminal court is civil court, which is unfortunately dysfunctional as well. In the American economy, it is often more profitable to tactfully litigate than to invest in new business ventures. In fact, this abuse of the legal system simply perpetuates itself and continues to worsen. As more people desire to “profitably sue”, the demand for lawyers increases. These lawyers, who can then sue on their own, are experts at the game and are able to manipulate the judicial system to turn a profit. This is where everything about the system goes wrong, with more lawsuits being filed by greedy people who move court and take any step to get the verdict in their favor.
That said, the judicial system in America possesses great political importance at the Supreme Court level, but suffers from inefficiencies within the lower institutions. Monumental societal change is the result our judicial system, however at the district and local level, courts operate as tools for profit and overcrowded correctional systems.