A Critical Study On Federal And State Courts Of The United States Of America
- IJLLR Journal
- May 22
- 1 min read
Bavadharani U, LL.M., School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
Constitution of United States of America came into force on September 17th, 1787 after conflicting views, heated debates and difference in ideas. Prior to the same, Articles of Confederation, 1781 is the governing document, lacks enforceability and it imparted weak central government without executive and Judiciary as a result, states in United States of America operated like individual countries. Concerned with the same Justice James Madison articulated for revised Constitution and as a result, Philadelphia in the year 1787 proposed “Virginia Plan” suggesting to form three branches of Government legislative, executive and Judiciary and outlined the need for bicameral legislation. In 1787, Constitution of United States of America came into force. It bifurcated the US court system into two i.e., Federal and State courts and it further divided subordinate courts in its individual branches. Having two set of court system it been difficult to demarcate the boundaries in dealing the cases and to ensure separation of powers, to identify policy making boundaries. United States of America being federal and complete democratic country it implies different policy implementation barriers. This paper seeks to critically study the difficulties in federal and state courts of United States of America.
Keywords: Federal court, subordinate courts, Constitution, Bicameral legislation, Executive.
