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THE ROLE OF STATE LAW IN THE FEDERAL SYSTEM
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The Constitution specifically forbade the states from adopt-ing certain kinds oflaws （en-tering into treaties with foreignnations，coining money）。Also，the Ar-ticle VI Supremacy Clause barred state laws that contradicted either the Con-stitution or federal law.Even so，large parts ofthe legal system remained under state control.The Constitution had carefully speci？ed the areas where Congress might enact legislation.The Tenth Amendment to the Constitu-tion （1791） made explicit that state law would control elsewhere：The powers not delegated to the United States by the Constitution，nor pro- hibited by it to the States，are reserved to the States，respectively，or to the people. There nonetheless remained con-siderable tension between the federal government and the states over slavery，and ultimately over the rightof a state to leave the federal union.The civil con？ict of1861C65 resolve both disputes.It also produced new restrictions on the state role within the legal system：Under the Four-teenth Amendment （1868），No Statshall deprive any person oflife，liberty or property，without due process of law；nor deny to any person within its jurisdiction the equal protection of the laws.This amendment greatly expanded the federal courtsability invalidate state laws.Brown v.Board of Education （1954），which forbade racial segregation in the Arkansas state school system，relied upon this equal protection clause. Beginning in the mid-20th century，a number ofthe trends outlined above the rise ofthe administrative state a more forceful and expansive judicial interpretation ofdue process and equal protection，and a similar expan-sion ofCongresspower to regulat commerce combined to enhanc the federal role within the legal system.Even so，much ofthat system remains within the state domain.While no state may deny a citizen any right guaranteed by the federal Constitution，many interpret their own constitutions as bestowing even more generous rights and privileges.State courts applying state law contin-ue to decide most contractual dis-putes.The same is true ofmost criminal cases，and ofcivil tort ac-tions.Family law，including such mat-ters as marriage and divorce，is almost exclusively a state matter.For most Americans most ofthe time，the legal system means the police of？cers and courts oftheir own state，or ofthe var-ious municipalities and other political subdivisions within that state. This introduction offers a mere thumbnail sketch ofthe legal system. The remainder ofthe volume affords greater detail，？avor，and understand- ing.Chapters 1 and 2 describe respec-tively how the federal and state court systems have been organized，while Chapter 3 explains at length the com-plex question ofjurisdiction.The chapter necessarily delineates the bor-ders between the federal and statecourts but it also explores the ques-tion ofwho may sue，and ofthe kinds of cases courts will hear.Chapter4 ex-pands the focus from the courts to the groups who appear before them.The practice oflaw in the United States is studied，and the typical litigants de-scribed.The chapter also explains the role played by interest groups that press particular cases to advance their social and political agendas.Chapter 5 details how the courts handle criminal cases while Chapter 6 turns the focus to civil actions.Chapter 7 describe show federal judges are selected.The final chapter explores how certain ju-dicial decisions those of high courts especially can themselves amount to a form of policymaking and thus further entwine the judiciary in a complex relationship with the leg-islative and executive branches.One ofthe most important，most in-esting，and，possibly，most confusing of the features ofthe judiciary in the United States is the dual court system；that is，each level ofgovernment （state and na-tional） has its own set ofcourts.Thus，there is a separate court system for each state，one for the District ofColumbia，and one for the federal government.Some legal problems are resolved en-tirely in the state courts，whereas others are handled entirely in the federal courts.Still others may receive atten-tion from both sets oftribunals，which sometimes causes friction.The federal courts are discussed in this chapter and the state courts in chapter 2.mendment （1868），No Statshall deprive any person oflife，liberty or property，without due process of law；nor deny to any person within its jurisdiction the equal protection of the laws.This amendment greatly expanded the federal courtsability invalidate state laws.Brown v.Board of Education （1954），which forbade racial segregation in the Arkansas state school system，relied upon this equal protection clause. Beginning in the mid-20th century，a number ofthe trends outlined above the rise ofthe administrative state a more forceful and expansive judicial interpretation ofdue process and equal protection，and a similar expan-sion ofCongresspower to regulat commerce combined to enhanc the federal role within the legal system.Even so，much ofthat system remains within the state domain.While no state may deny a citizen any right guaranteed by the federal Constitution，many interpret their own constitutions as bestowing even more generous rights and privileges.State courts applying state law contin-ue to decide most contractual dis-putes.The same is true ofmost criminal cases，and ofcivil tort ac-tions.Family law，including such mat-ters as marriage and divorce，is almost exclusively a state matter.For most Americans most ofthe time，the legal system means the police of？cers and courts oftheir own state，or ofthe var-ious municipalities and other political subdivisions within that state. This introduction offers a mere thumbnail sketch ofthe legal system. The remainder ofthe volume affords greater detail，？avor，and understand- ing.Chapters 1 and 2 describe respec-tively how the federal and state court systems have been organized，while Chapter 3 explains at length the com-plex question ofjurisdiction.The chapter necessarily delineates the bor-ders between the federal and statecourts but it also explores the ques-tion ofwho may sue，and ofthe kinds of cases courts will hear.Chapter4 ex-pands the focus from the courts to the groups who appear before them.The practice oflaw in the United States is studied，and the typical litigants de-scribed.The chapter also explains the role played by interest groups that press particular cases to advance their social and political agendas.Chapter 5 details how the courts handle criminal cases while Chapter 6 turns the focus to civil actions.Chapter 7 describe show federal judges are selected.The final chapter explores how certain ju-dicial decisions those of high courts especially can themselves amount to a form of policymaking and thus further entwine the judiciary in a complex relationship with the leg-islative and executive branches.One ofthe most important，most in-esting，and，possibly，most confusing of the features ofthe judiciary in the United States is the dual court system；that is，each level ofgovernment （state and na-tional） has its own set ofcourts.Thus，there is a separate court system for each state，one for the District ofColumbia，and one for the federal government.Some legal problems are resolved en-tirely in the state courts，whereas others are handled entirely in the federal courts.Still others may receive atten-tion from both sets oftribunals，which sometimes causes friction.The federal courts are discussed in this chapter and the state courts in chapter 2.