Constitutional Background
In the United States, ultimate power resides in the people. The people are responsible for giving the government its power. The power the people give the government is found in the Constitution of the United States. Two main goals of the Constitution are to clearly define the powers of the government so that it does not become too powerful and to protect individual rights. To make sure that the government does not become too powerful, the Constitution establishes three separate branches of government. These include the legislative (Congress) which makes the law; the executive (the President, Cabinet, military) which enforces the law; and the judicial (the courts) which interprets the constitutionality of the law. All three branches of the government are equal, and none of the three is more important than the others. To drive home this point, the Constitution establishes a system of checks and balances whereby each branch of the government can prevent the other two from gaining an excessive amount of power.
Judicial Review
Perhaps the most important check that the judicial branch has on either the legislative or executive branch is its ability to declare an act of Congress or an action of the President unconstitutional. Citizens and legal residents agree to abide by the Constitution in order to live under a government that protects rights. The Constitution is the supreme law of the land in the United States. No law may be made, or action taken, which violates the Constitution. The law applies to everyone regardless of position or office. This is referred to as higher law. However, what happens if a part of the government acts in a manner that is not permitted by the Constitution? What happens if a part of the government violates the rights guaranteed by the Constitution? The United States is unique among many nations of the world in that its Constitution provides a solution to such problems. This solution is found in the judiciary; it is found in the federal courts. If citizens or legal residents believe that an act of Congress or an action of the President violates the Constitution and violates his or her rights, they have the ability to challenge it in a court of law. If the challenge is successful, the court will strike down the act or action and it will no longer have binding force. This important power of the federal courts is known as the power of judicial review. The courts are more than just places where criminals are tried and punished. They also are the ultimate forum for defending the Constitution and the rights and liberties that are protected by it.
Jury Service
Juries are one of the most important ways that citizens can directly participate in their government. A jury is a panel of citizens that determines the facts of a legal case. Juries are used in both civil and criminal trials. Civil trials are legal cases between two private individuals. If a jury finds a person is at fault in a civil case the punishment usually includes some type of restitution and/or fine. In a criminal trial, a person is accused of breaking the law. The jury then has the task of determining whether the defendent is guilty or not guilty. The punishment in a criminal trial is usually imprisonment. Most of the time, all members of the jury must reach the same conclusion concerning fault or guilt. The conclusion is known as a verdict. Juries help to preserve the democratic nature of the Constitutional form of government by allowing direct citizen participation in the judicial process.
In order to serve on a jury, a citizen must first meet the following criteria:
- U.S. citizen,
- At least 18 years of age
- Understand the English language
- Lived in the judicial district for at least one year
- No felony convictions
- Of sound mental condition
Judicial Independence
An independent judiciary makes decisions based on law, not outside influences. Constitutional safeguards help to ensure that the decisions judges render are not influenced by Congress, the President, or public opinion. The Founders realized that, only by removing the judiciary from the influence of the other branches, could justice be available to those holding both popular and unpopular views. Federal judges are appointed by the President and confirmed by the Senate. However, judges are not influenced by either of the other branches. Congress and the President may not decrease a judge's salary while the judge serves on the bench. Judges hold office during good behavior, as stated in the Constitution, typically, for life. Judges may only be removed from the bench for misbehavior in office, and not simply because their decisions are unpopular. The judiciary's independence in its legal decision making and its power to review the acts and actions of the other two branches make it the final protector of rights and liberties. This is possible because the other branches of the government respect the judiciary's independence and authority. Respect for, and willingness to abide by, the rulings of the judiciary distinguish the United States court system from many others around the world. An independent judiciary ensures that all abide by higher law.