THE AMERICAN LEGAL AND JUDICIAL SYSTEM| 361more diffi cult to measure, but the percentage of state laws that have been struck
down is also quite small. Over time the Court has ruled on state laws in many
important areas, including civil liberties, desegregation and civil rights, abortion,
privacy, redistricting, labor laws, employment and discrimination, and business
and environmental regulation.
When the Supreme Court strikes down a congressional or state law, it
engages in constitutional interpretation—that is, it determines that the
law is unconstitutional. But the Supreme Court also engages in statutory
interpretation—that is, it applies national and state laws to particular cases
(statutes are laws that are passed by legislatures). Often the language of a statute
may be unclear, and the Court must interpret how to apply the law. For example,
should the protection of endangered species prevent economic development that
destroys the species’ habitat? How does one determine whether an employer
is responsible for sexual harassment in the workplace? How should the voting
rights of minorities be protected? In cases such as these, the Court must inter-
pret the relevant statutes to determine what Congress or the state legislatures
really meant when issuing them.
Although politicians and other political actors accept judicial review as a cen-
tral part of the political system, critics are concerned about its antidemocratic
nature. Why, for example, do we give nine unelected justices such awesome power
over our elected representatives? Debates about the proper role for the Court will
continue as long as it is involved in controversial decisions. We take up this ques-
tion later in the chapter when we address the concepts of judicial activism and
judicial restraint.THE AMERICAN LEGAL AND
JUDICIAL SYSTEM
Two sets of considerations shed light on the overall nature of our judicial system:
the fundamentals of the legal system that apply to all courts in the United States,
and the structure of the court system within our system of federalism.Court Fundamentals
The general characteristics of the court system begin with the people who are
in the courtroom. The plaintiff brings the case, and the defendant is the party
who is being sued or charged with a crime. If the case is appealed, the petitioner is
the person bringing the appeal, and the respondent is the party on the other side
of the case. In a civil case, the plaintiff sues to determine who is right or wrong
and to gain something of value, such as monetary damages, the right to vote, or
admission to a university. In a criminal case, the plaintiff is the government, and
the prosecutor attempts to prove the guilt of the defendant (the person accused of
the crime).
OUTLINE THE STRUCTURE
OF THE COURT SYSTEMconstitutional interpretation
The process of determining whether
a piece of legislation or govern-
mental action is supported by the
Constitution.
statutory interpretation The
various methods and tests used
by the courts for determining the
meaning of a law and applying it to
specifi c situations. Congress may
overturn the courts’ interpretation
by writing a new law; thus it also
engages in statutory interpretation.plaintiff The person or party who
brings a case to court.
defendant The person or party
against whom a case is brought.