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108-394: [REDACTED] [REDACTED] The United States district courts are the trial courts of the U.S. federal judiciary . There is one district court for each federal judicial district . Each district covers one U.S. state or a portion of a state. There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to

216-437: A general election , they may be held. In all states, the legislatures can remove state executive branch officials, including governors, who have committed serious abuses of their power from office. The process of doing so includes impeachment (the bringing of specific charges), and a trial , in which legislators act as a jury. The primary responsibilities of state legislatures are to enact state laws and appropriate money for

324-491: A republican government known as the Commonwealth of England . Virginia became a royal colony again in 1660, and the word was dropped from the full title; it went unused until reintroduced in 1776. In each state, the chief executive is called the governor, who serves as both head of state and head of government . All governors are chosen by statewide direct election . The governor may approve or veto bills passed by

432-474: A state is a constituent political entity , of which there are 50. Bound together in a political union , each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government . Due to this shared sovereignty , Americans are citizens both of the federal republic and of the state in which they reside . State citizenship and residency are flexible, and no government approval

540-577: A two-thirds vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or state ratifying conventions in three-quarters of the states. The vote in each state (to either ratify or reject

648-433: A Middle District, with two exceptions: Illinois has a Central District instead of a Middle District, and Oklahoma has Northern, Western, and Eastern Districts. Of the three states with four districts, New York and Texas use all four directional designations, while California has a Central District and no Western District. There are other federal trial courts that have nationwide jurisdiction over certain types of cases, but

756-410: A clerk, a person must have a minimum of 10 years of progressively responsible administrative experience in public service or business that provides a thorough understanding of organizational, procedural, and human aspects of managing an organization, and at least 3 of the 10 years must have been in a position of substantial management responsibility. An attorney may substitute the active practice of law on

864-415: A district court to entertain a lawsuit, Congress must first grant the court subject matter jurisdiction over the type of dispute in question. The district courts exercise original jurisdiction over—that is, they are empowered to conduct trials in—the following types of cases: For most of these cases, the jurisdiction of the federal district courts is concurrent with that of the state courts. In other words,

972-726: A district court upon assignment by the chief judge of the circuit or by the Chief Justice of the United States . The number of judges in each district court (and the structure of the judicial system generally) is set by Congress in the United States Code . The president appoints the federal judges for terms of good behavior (subject to the advice and consent of the Senate ), so the nominees often share at least some of his or her convictions. In states represented by

1080-556: A district electing two representatives must have approximately twice the population of a district electing just one. The voting systems used across the nation are: first-past-the-post in single-member districts, and multiple non-transferable vote in multi-member districts. In 2013, there were a total of 7,383 legislators in the 50 state legislative bodies. They earned from $ 0 annually (New Mexico) to $ 90,526 (California). There were various per diem and mileage compensation. States can also organize their judicial systems differently from

1188-569: A fee and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the district. A "sponsor" admitted to the court's bar is often required. Several district courts require attorneys seeking admission to their bars to take an additional bar examination on federal law, including the following: the Southern District of Ohio, the Northern District of Florida, and

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1296-521: A few states choose to have the judges on the state's courts serve for life terms. In most states, the judges, including the justices of the highest court in the state, are either elected or appointed for terms of a limited number of years and are usually eligible for re-election or reappointment. All states are unitary states , not federations or aggregates of local governments . Local governments within them are created by and exist by virtue of state law, and local governments within each state are subject to

1404-595: A general regulatory power and undid the Framers' original structure of limited and delegated powers." Subsequently, Congress invoked the Commerce Clause to expand federal criminal legislation, as well as for social reforms such as the Civil Rights Act of 1964 . Only within the past couple of decades, through decisions in cases such as those in U.S. v. Lopez (1995) and U.S. v. Morrison (2000), has

1512-581: A judge is through impeachment by the United States House of Representatives followed by a trial in the United States Senate and a conviction by a two-thirds vote. Otherwise, a judge, even if convicted of a felony criminal offense by a jury, is entitled to hold office until retirement or death. In the history of the United States, twelve judges have been impeached by the House, and seven have been removed following conviction in

1620-544: A letter to James Madison , and it was also discussed by Alexander Hamilton in Federalist No. 81 . However, this view did not prevail, and the first Congress created the district court system that is still in place today. Pursuant to the Constitution, nonetheless, state courts retain the power of concurrent jurisdiction in most federal matters. When the Act was first passed, there were thirteen districts created among

1728-523: A means to retain control of their lands. The proposed constitution ultimately failed in the U.S. Congress. Instead, the Indian Territory and Oklahoma Territory were both incorporated into the new state of Oklahoma in 1907. The first instance occurred while the nation still operated under the Articles of Confederation. The State of Franklin existed for several years, not long after the end of

1836-417: A plaintiff can choose to bring these cases in either a federal district court or a state court. Congress has established a procedure whereby a party, typically the defendant, can "remove" a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter (meaning that the case could have been filed in federal court initially). If the party that initially filed

1944-466: A presumed felon and arrest by the law officers of one state in another state are often permitted by a state. The full faith and credit expectation does have exceptions, some legal arrangements, such as professional licensure and marriages, may be state-specific, and until recently states have not been found by the courts to be required to honor such arrangements from other states. Such legal acts are nevertheless often recognized state-to-state according to

2052-553: A proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. U.S. states are not sovereign in the Westphalian sense in international law which says that each State has sovereignty over its territory and domestic affairs, to the exclusion of all external powers, on the principle of non-interference in another State's domestic affairs, and that each State (no matter how large or small)

2160-635: A senator of the president's party, the senator (or the more senior of them if both senators are of the president's party) has substantial input into the nominating process, and through a tradition known as senatorial courtesy can exercise an unofficial veto over a nominee unacceptable to the senator. Federal magistrate judges are appointed by each district court pursuant to statute. They are appointed for an eight-year term and may be reappointed for additional eight-year terms. A magistrate judge may be removed "for incompetency, misconduct, neglect of duty, or physical or mental disability". A magistrate judgeship may be

2268-497: A smaller upper house, in all states called the Senate. The exception is the unicameral Nebraska Legislature , meaning it has only a single chamber. Most states have a part-time legislature (traditionally called a citizen legislature ). Ten state legislatures are considered full-time ; these bodies are more similar to the U.S. Congress than are the others. Members of each state's legislature are chosen by direct election. In Baker v. Carr (1962) and Reynolds v. Sims (1964),

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2376-494: A stepping stone to a district judgeship nomination. District judges usually concentrate on managing their court's overall caseload, supervising trials, and writing opinions in response to important motions like the motion for summary judgment . Since the 1960s, routine tasks like resolving discovery disputes can, in the district judge's discretion, be referred to magistrate judges . Magistrate judges can also be requested to prepare reports and recommendations on contested matters for

2484-494: A strong federal judiciary argued that the federal courts ought to be limited to the Supreme Court, which would hear appeals only from state courts. In other words, the state courts would be treated as federal tribunals under Article I of the Constitution for the purpose of hearing disputes under federal law, but their judges would not become officers of the federal government. Edward Carrington advocated this position in

2592-472: A territory has. When the people of a territory make their desire for statehood known to the federal government, Congress may pass an enabling act authorizing the people of that territory to organize a constitutional convention to write a state constitution as a step toward admission to the Union. Each act details the mechanism by which the territory will be admitted as a state following ratification of their constitution and election of state officers. Although

2700-399: A year-for-year basis for the management or administrative experience requirement. Clerks do not have to be licensed attorneys, but some courts specify that a law degree is a preference for employment. Unlike some state courts, the power of federal courts to hear cases and controversies is strictly limited. Federal courts may not decide every case that happens to come before them. In order for

2808-555: Is addressed in writing as " The Honorable John/Jane Doe" or "Hon. John/Jane Doe" and in speech as "Judge" or "Judge Doe" or, when presiding in court, "Your Honor". Each district court appoints a clerk, who is responsible for overseeing filings made with the court, maintaining the court's records, processing fees, fines, and restitution, and managing the non-judicial work of the court, including information technology, budget, procurement, human resources, and financial. Clerks may appoint deputies, clerical assistants, and employees to carry out

2916-741: Is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in subject-matter jurisdiction (such as juvenile , probate , and family courts in many U.S. states, or the United States Tax Court in the federal judiciary) or by other means, such as small claims courts in many states for civil cases with a low amount in controversy . Other trials do not take place in courts at all, but in quasi-judicial bodies or in administrative agencies with adjudicatory power created by statute to make binding determinations with simplified procedural practices, such as arbitration . The United States Supreme Court

3024-534: Is equal in international law. Additionally, the 50 U.S. states do not possess international legal sovereignty, meaning that they are not recognized by other sovereign States such as, for example, France, Germany or the United Kingdom. The federal government is responsible for international relations , but state and local government leaders do occasionally travel to other countries and form economic and cultural relationships. Article IV also grants to Congress

3132-601: Is primarily an appellate court, but has original jurisdiction in cases involving a diplomatic official or a state. Because different U.S. states apply different names to their courts, it is often not evident whether a court has general or limited jurisdiction or indeed is a trial court at all. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts are courts of general jurisdiction. Likewise,

3240-404: Is referred to as a bench trial . In the United States, a trial court of general jurisdiction is authorized to hear some type of civil or criminal case that is not committed exclusively to another court. The United States district courts are the trial courts of general jurisdiction of the federal judiciary ; each state has a system establishing trial courts of general jurisdiction, such as

3348-400: Is required to move between states , except for persons restricted by certain types of court orders (such as paroled convicts and children of divorced spouses who share child custody ). State governments in the U.S. are allocated power by the people (of each respective state) through their individual state constitutions . All are grounded in republican principles (this being required by

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3456-510: Is required to give full faith and credit to the acts of each other's legislatures and courts, which is generally held to include the recognition of most contracts and criminal judgments, and before 1865, slavery status. Under the Extradition Clause , a state must extradite people located there who have fled charges of "treason, felony, or other crimes" in another state if the other state so demands. The principle of hot pursuit of

3564-561: Is the nationwide legal drinking age of 21, enacted by each state, brought about by the National Minimum Drinking Age Act . Although some objected that this infringes on states' rights, the Supreme Court upheld the practice as a permissible use of the Constitution's Spending Clause in South Dakota v. Dole 483 U.S. 203 (1987). As prescribed by Article I of the Constitution, which establishes

3672-466: The 2010 census . Each state is entitled to a number of electors equal to the total number of representatives and senators from that state; the District of Columbia is entitled to three electors. While the Constitution does set parameters for the election of federal officials, state law, not federal, regulates most aspects of elections in the U.S., including primaries, the eligibility of voters (beyond

3780-736: The Constitution of Alabama , contained 310,296 words, which is more than 40 times as many as the U.S. Constitution . In practice, each state has adopted a three-branch frame of government: executive, legislative, and judicial (even though doing so has never been required). Early in American history, four state governments differentiated themselves from the others in their first constitutions by choosing to self-identify as Commonwealths rather than as states : Virginia , in 1776; Pennsylvania , in 1777; Massachusetts , in 1780; and Kentucky , in 1792. Consequently, while these four are states like

3888-545: The Constitution of the United States . In relation to the states, the U.S. Constitution elaborated concepts of federalism . Under U.S. constitutional law, the 50 individual states and the United States as a whole are each sovereign jurisdictions. The states are not administrative divisions of the country; the Tenth Amendment to the United States Constitution reserves to the states or to

3996-822: The Delaware Court of Common Pleas is a court of limited jurisdiction, but the Pennsylvania Courts of Common Pleas are courts of general jurisdiction. Similarly, the California Superior Courts are trial courts of general jurisdiction, but the Superior Court of Pennsylvania is an appellate court, and the New Jersey Superior Court is both. United States state In the United States ,

4104-460: The District of Columbia indirectly elect the president and vice president . When casting ballots in presidential elections they are voting for presidential electors , who then, using procedures provided in the 12th amendment , elect the president and vice president. There were 538 electors for the most recent presidential election in 2020 ; the allocation of electoral votes was based on

4212-401: The District of Puerto Rico . Pro hac vice admission is also available in most federal district courts on a case-by-case basis. Most district courts require pro hac vice attorneys to associate with an attorney admitted to practice before the court. Generally, a final ruling by a district court in either a civil or a criminal case can be appealed to the United States court of appeals in

4320-607: The Lee Resolution and signing the United States Declaration of Independence . Prior to these events each state had been a British colony ; each then joined the first Union of states between 1777 and 1781, upon ratifying the Articles of Confederation , the first U.S. constitution. Also during this period, the newly independent states developed their own individual state constitutions , among

4428-632: The U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court . District courts are courts of law , equity , and admiralty , and can hear both civil and criminal cases. But unlike U.S. state courts , federal district courts are courts of limited jurisdiction , and can only hear cases that involve disputes between residents of different states , questions of federal law , or federal crimes. Unlike

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4536-687: The United States Constitution . States and their citizens are represented in the United States Congress , a bicameral legislature consisting of the Senate and the House of Representatives . Each state is also entitled to select a number of electors (equal to the total number of representatives and senators from that state) to vote in the Electoral College , the body that directly elects the president of

4644-600: The United States Patent and Trademark Office ). Admission to the bar of a district court is generally available to any attorney who is admitted to practice law in the state where the district court sits. 56 districts (around 60% of all district courts) require an attorney to be admitted to practice in the state where the district court sits. The other 39 districts (around 40% of all district courts) extend admission to certain lawyers admitted in other states, although conditions vary from court to court. For example,

4752-751: The circuit courts in Florida, the superior courts in California, and the New York Supreme Court in New York state. Most trial courts are courts of record , where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court. The record of the trial court is certified by the clerk of the trial court and transmitted to the appellate body. Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction

4860-686: The federal judicial circuit in which the district court is located, except that some district court rulings involving patents and certain other specialized matters must be appealed instead to the United States Court of Appeals for the Federal Circuit , and in a very few cases the appeal may be taken directly to the United States Supreme Court . The Central District of California is the largest federal district by population; it includes all five counties that make up Greater Los Angeles . By contrast, New York City and

4968-501: The federal judiciary , as long as they protect the federal constitutional right of their citizens to procedural due process . Most have a trial-level court, generally called a district court , superior court or circuit court , a first-level appellate court , generally called a court of appeal (or appeals), and a supreme court . Oklahoma and Texas have separate highest courts for criminal appeals. Uniquely, in New York State,

5076-697: The American Revolution, but was never recognized by the Confederation Congress, which ultimately recognized North Carolina 's claim of sovereignty over the area. The territory comprising Franklin later became part of the Southwest Territory, and ultimately of the state of Tennessee. Additionally, the entry of several states into the Union was delayed due to distinctive complicating factors. Among them, Michigan Territory , which petitioned Congress for statehood in 1835,

5184-503: The Central District of California are the largest federal districts by number of judges, with 28 judges each. In 2007, the busiest district courts in terms of criminal federal felony filings were the District of New Mexico , Western District of Texas , Southern District of Texas , and the District of Arizona . These four districts all share the border with Mexico . A crackdown on illegal immigration resulted in 75 percent of

5292-420: The Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and incorporation , with the federal government playing a much larger role than it once did. There is a continuing debate over states' rights , which concerns the extent and nature of the states' powers and sovereignty in relation to the federal government and

5400-409: The Constitution mandated admission of new states on the basis of equality. With the consent of Congress, states may enter into interstate compacts , agreements between two or more states. Compacts are frequently used to manage a shared resource, such as transportation infrastructure or water rights. Under Article IV of the Constitution , which outlines the relationship between the states, each state

5508-634: The Constitution. A state, unlike the federal government, has un-enumerated police power , that is, the right to generally make all necessary laws for the welfare of its people. As a result, while the governments of the various states share many similar features, they often vary greatly with regard to form and substance. No two state governments are identical. The government of each state is structured in accordance with its individual constitution, all of which are written constitutions. Many of these documents are more detailed and more elaborated than their federal counterpart. For example, before its revision in 2022,

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5616-629: The Court tried to limit the Commerce Clause power of Congress. Another enumerated congressional power is its taxing and spending power . An example of this is the system of federal aid for highways, which include the Interstate Highway System . The system is mandated and largely funded by the federal government and serves the interests of the states. By threatening to withhold federal highway funds, Congress has been able to pressure state legislatures to pass various laws. An example

5724-505: The House—presently 435 voting members—is set by federal statute . Seats in the House are distributed among the states in proportion to the most recent constitutionally mandated decennial census . The borders of these districts are established by the states individually through a process called redistricting , and within each state all districts are required to have approximately equal populations. Citizens in each state plus those in

5832-575: The Senate. (For a table that includes the twelve impeached judges, see Impeachment in the United States .) A judge who has reached the age of 65 (or has become disabled) may retire or elect to go on senior status and keep working. Such senior judges are not counted in the quota of active judges for the district and do only whatever work they are assigned by the chief judge of the district, but they keep their offices (called "chambers") and staff, and many of them work full-time. As of 2010, there were 678 authorized district court judgeships. A federal judge

5940-561: The Supreme Court in U.S. v. Darby upheld the Fair Labor Standards Act of 1938 , holding that Congress had the power under the Commerce Clause to regulate employment conditions. Then, one year later, in Wickard v. Filburn , the Court expanded federal power to regulate the economy by holding that federal authority under the commerce clause extends to activities which may appear to be local in nature but in reality effect

6048-605: The U.S. Congress, each state is represented in the Senate (irrespective of population size) by two senators, and each is guaranteed at least one representative in the House. Both senators and representatives are chosen in direct popular elections in the various states. (Prior to 1913, senators were elected by state legislatures.) There are presently 100 senators, who are elected at-large to staggered terms of six years, with one-third of them being chosen every two years. Representatives are elected at large or from single-member districts to terms of two years (not staggered). The size of

6156-515: The U.S. Supreme Court held that all states are required to elect their legislatures in such a way as to afford each citizen the same degree of representation (the one person, one vote standard). In practice, most states elect legislators from single-member districts , each of which has approximately the same population. Some states, such as Maryland and Vermont, divide the state into single- and multi-member districts. In this case, multi-member districts must have proportionately larger populations, e.g.,

6264-477: The U.S. Supreme Court, which was expressly established by Article III of the Constitution , the district courts were established by Congress pursuant to authority delegated by Article III through the enacting of a federal statute, the Judiciary Act of 1789 . There is no constitutional requirement that district courts exist at all. During the drafting and ratification of the Constitution , some opponents of

6372-650: The United States . Additionally, each state has the opportunity to ratify constitutional amendments , and, with the consent of Congress, two or more states may enter into interstate compacts with one another. The police power of each state is also recognized. Historically, the tasks of local law enforcement , public education , public health , intrastate commerce regulation, and local transportation and infrastructure , in addition to local, state, and federal elections , have generally been considered primarily state responsibilities, although all of these now have significant federal funding and regulation as well. Over time,

6480-659: The United States Congress. Puerto Rico has limited representation in the U.S. House of Representatives in the form of a Resident Commissioner , a delegate with limited voting rights in the Committee of the Whole House on the State of the Union , but no voting rights otherwise. A non-binding referendum on statehood, independence, or a new option for an associated territory (different from the current status)

6588-525: The United States but were never part of the U.S. federal court system. There are 89 districts in the 50 states, with a total of 94 districts including territories. There is at least one judicial district for each state , the District of Columbia , and Puerto Rico . Each state has between one and four districts. For states with multiple districts, they are named geographically. States with two districts all give them either Northern–Southern or Western–Eastern designations. Most states with three districts add

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6696-494: The United States, including disputes over federal contracts, unlawful takings of private property by the federal government, and suits for injury on federal property or by a federal employee. The United States Tax Court has jurisdiction over contested pre-assessment determinations of taxes . A judge of a United States district court is officially titled a "United States District Judge". Other federal judges , including circuit judges and Supreme Court justices , can also sit in

6804-427: The administration of federal judicial business in those courts. The clerk for each district court was to also serve as clerk of the corresponding circuit court. The Judiciary Act required each clerk to issue the writs summoning jurors and "to record the decrees, judgments and determinations of the court of which he is clerk." The Judicial Code (28 U.S.C. § 751) provides that the clerk is appointed, and may be removed, by

6912-443: The administration of public policy. In all states, if the governor vetoes a bill (or a portion of one), it can still become law if the legislature overrides the veto (repasses the bill), which in most states requires a two-thirds vote in each chamber. In 49 of the 50 states the legislature consists of two chambers: a lower house (variously called the House of Representatives, State Assembly, General Assembly or House of Delegates) and

7020-402: The authority to admit new states into the Union. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. Each new state has been admitted on an equal footing with the existing states. Article IV also forbids the creation of new states from parts of existing states without the consent of both the affected states and Congress. This caveat

7128-442: The basic constitutional definition), the running of each state's electoral college, as well as the running of state and local elections. All elections—federal, state, and local—are administered by the individual states, and some voting rules and procedures may differ among them. Article V of the Constitution accords states a key role in the process of amending the U.S. Constitution. Amendments may be proposed either by Congress with

7236-437: The case in state court believes that removal was improper, that party can ask the district court to "remand" the case to the state court system. For certain matters, such as patent and copyright infringement disputes and prosecutions for federal crimes, the jurisdiction of the district courts is exclusive of that of the state courts, meaning that only federal courts can hear those cases. In addition to their original jurisdiction,

7344-450: The central authority of that particular state. State governments commonly delegate some authority to local units and channel policy decisions down to them for implementation. In a few states, local units of government are permitted a degree of home rule over various matters. The prevailing legal theory of state preeminence over local governments, referred to as Dillon's Rule , holds that, A municipal corporation possesses and can exercise

7452-464: The common practice of comity . States are prohibited from discriminating against citizens of other states with respect to their basic rights , under the Privileges and Immunities Clause . Under Article IV, each state is guaranteed a form of government that is grounded in republican principles, such as the consent of the governed . This guarantee has long been at the forefront of the debate about

7560-538: The court. The clerk's duties are prescribed by the statute, by the court's customs and practices, and by policy established by the Judicial Conference of the United States . The clerk is appointed by order of the court en banc to serve the entire court. The role of the clerk and deputies or assistants should not be confused with the judges' law clerks , who assist the judges by conducting research and preparing drafts of opinions. To be eligible to serve as

7668-1041: The criminal cases filed in the 94 district courts in 2007 being filed in these four districts and the other district that borders Mexico, the Southern District of California . The busiest patent litigation court is the United States District Court for the Eastern District of Texas , with the most patent lawsuits filed there nearly every year. Most extinct district courts have disappeared by being divided into smaller districts. The following courts were subdivided out of existence: Alabama , Arkansas , California , Florida , Georgia , Illinois , Indiana , Iowa , Kentucky , Louisiana , Michigan , Mississippi , Missouri , New York , North Carolina , Ohio , Pennsylvania , Tennessee , Texas , Virginia , Washington , West Virginia , Wisconsin . On rare occasions, an extinct district court

7776-486: The democratic will of the United States citizens residing in Puerto Rico as expressed in the plebiscites held on November 6, 2012, and June 11, 2017, by setting forth the terms for the admission of the territory of Puerto Rico as a state of the Union. The act has 37 original cosponsors between Republicans and Democrats in the U.S. House of Representatives. On November 3, 2020, Puerto Rico held another referendum . In

7884-399: The district court also has concurrent jurisdiction over many of those cases, and the district court is the only one with jurisdiction over civilian criminal cases. The United States Court of International Trade addresses cases involving international trade and customs issues. The United States Court of Federal Claims has exclusive jurisdiction over most claims for money damages against

7992-414: The district courts have appellate jurisdiction over a very limited class of judgments, orders, and decrees. In order to represent a party in a case in a district court, a person must be an attorney at law and generally must be admitted to the bar of that particular court. The United States usually does not have a separate bar examination for federal practice (except with respect to patent practice before

8100-547: The district courts in New York City ( Southern District of New York and Eastern District of New York ) extend admission to attorneys admitted to the bar in Connecticut or Vermont and to the district court in that state, but otherwise require attorneys to be admitted to the New York bar. Only 13 districts extend admission to attorneys admitted to any U.S. state bar. The attorney generally submits an application with

8208-603: The district judge's consideration or, with the consent of all parties, to assume complete jurisdiction over a case including conducting the trial. With the exception of the territorial courts ( Guam , the Northern Mariana Islands , and the Virgin Islands ), federal district judges are Article III judges appointed for life, and can be removed involuntarily only when they violate the standard of "good behavior". The sole method of involuntary removal of

8316-435: The earliest written constitutions in the world. Although different in detail, these state constitutions shared features that would be important in the American constitutional order: they were republican in form, and separated power among three branches, most had bicameral legislatures, and contained statements, or a bill, of rights. Later, from 1787 to 1790, each of the states also ratified a new federal frame of government in

8424-413: The early 20th century, the Supreme Court's interpretation of this " Commerce Clause " has, over time, greatly expanded the scope of federal power , at the expense of powers formerly considered purely states' matters. The Cambridge Economic History of the United States says, "On the whole, especially after the mid-1880s, the Court construed the Commerce Clause in favor of increased federal power." In 1941,

8532-498: The eleven states which had ratified the Constitution by that point. When North Carolina and Rhode Island voted to ratify, a district was created for each of them, bringing the number of districts to fifteen. The territories ( insular areas ) of Guam , the Northern Mariana Islands , and the United States Virgin Islands each have one territorial court; these courts are called "district courts" and exercise

8640-400: The entire national economy and are therefore of national concern. For example, Congress can regulate railway traffic across state lines, but it may also regulate rail traffic solely within a state, based on the reality that intrastate traffic still affects interstate commerce. Through such decisions, argues law professor David F. Forte, "the Court turned the commerce power into the equivalent of

8748-399: The evidence. The court, presided over by one or more judges , makes findings of law based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials , the jury acts as trier of fact . In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this

8856-518: The existence of the powers. Each state defines for itself what powers it will allow local governments. Generally, four categories of power may be given to local jurisdictions: Each state admitted to the Union by Congress since 1789 has entered it on an equal footing with the original states in all respects. With the growth of states' rights advocacy during the antebellum period , the Supreme Court asserted, in Lessee of Pollard v. Hagan (1845), that

8964-505: The federal constitution), and each provides for a government, consisting of three branches, each with separate and independent powers : executive , legislative , and judicial . States are divided into counties or county-equivalents, which may be assigned some local governmental authority but are not sovereign. County or county-equivalent structure varies widely by state, and states also create other local governments . States, unlike U.S. territories , possess many powers and rights under

9072-407: The federal government, or part of one, before being admitted to the Union. Three were set off from an already existing state, two entered the Union after having been sovereign states , and one was established from unorganized territory : Congress is under no obligation to admit states, even in those areas whose population expresses a desire for statehood. Such has been the case numerous times during

9180-406: The following powers and no others: First, those granted in express words; second, those necessarily implied or necessarily incident to the powers expressly granted; third, those absolutely essential to the declared objects and purposes of the corporation—not simply convenient but indispensable; fourth, any fair doubt as to the existence of power is resolved by the courts against the corporation—against

9288-607: The nation's history. In one instance, Mormon pioneers in Salt Lake City sought to establish the state of Deseret in 1849. It existed for slightly over two years and was never approved by the United States Congress . In another, leaders of the Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Creek, and Seminole) in Indian Territory proposed to establish the state of Sequoyah in 1905, as

9396-520: The other states, each is formally a commonwealth because the term is contained in its constitution. The term, commonwealth , which refers to a state in which the supreme power is vested in the people , was first used in Virginia during the Interregnum , the 1649–60 period between the reigns of Charles I and Charles II during which parliament's Oliver Cromwell as Lord Protector established

9504-482: The people all powers of government not delegated to the federal government. Consequently, each of the 50 states reserves the right to organize its individual government in any way (within the broad parameters set by the U.S. Constitution and the Republican Guarantee enforced by Congress) deemed appropriate by its people, and to exercise all powers of government not delegated to the federal government by

9612-525: The people independently of the governor—such as the lieutenant governor , attorney general , comptroller , secretary of state , and others. Elections of officials in the United States are generally for a fixed term of office. The constitutions of 19 states allow for citizens to remove and replace an elected public official before the end of their term of office through a recall election . Each state follows its own procedures for recall elections, and sets its own restrictions on how often, and how soon after

9720-733: The power to secede from the Union, shortly after the Civil War (1861–1865), the U.S. Supreme Court , in Texas v. White , held that a state cannot unilaterally do so. The 50 U.S. states, in alphabetical order, along with each state's flag: The 13 original states came into existence in July 1776 during the American Revolutionary War (1775–1783), as the successors of the Thirteen Colonies , upon agreeing to

9828-432: The process to admit Puerto Rico as a state. Another status referendum was held on June 11, 2017, in which 97% percent of voters chose statehood. Turnout was low, as only 23% of voters went to the polls, with advocates of both continued territorial status and independence urging voters to boycott it. On June 27, 2018, the H.R. 6246 Act was introduced on the U.S. House with the purpose of responding to, and comply with,

9936-487: The rights of citizens vis-à-vis the government. States are also guaranteed protection from invasion, and, upon the application of the state legislature (or executive, if the legislature cannot be convened), from domestic violence. This provision was discussed during the 1967 Detroit riot but was not invoked. The Supremacy Clause ( Article VI, Clause 2 ) establishes that the Constitution , federal laws made pursuant to it, and treaties made under its authority, constitute

10044-425: The rights of individuals. The Constitution grants to Congress the authority to admit new states into the Union. Since the establishment of the United States in 1776 by the Thirteen Colonies , the number of states has expanded from the original 13 to 50. Each new state has been admitted on an equal footing with the existing states. While the Constitution does not explicitly discuss the issue of whether states have

10152-478: The same jurisdiction as district courts, but differ from district courts in that territorial courts are Article IV courts , with judges who serve ten-year terms rather than the lifetime tenure of judges of Article III courts , such as the district court judges. American Samoa does not have a district court or a federal territorial court, and so federal matters there are sent to either the District of Columbia or Hawaii . The Philippines were previously part of

10260-415: The state legislature, as well as recommend and work for the passage of bills, usually supported by their political party. In 44 states, governors have line item veto power. Most states have a plural executive , meaning that the governor is not the only government official in the state responsible for its executive branch . In these states, executive power is distributed amongst other officials, elected by

10368-493: The states admitted to the Union after the original 13 were formed from an organized territory established and governed by Congress in accord with its plenary power under Article IV, Section 3, Clause 2 . The outline for this process was established by the Northwest Ordinance (1787), which predates the ratification of the Constitution. In some cases, an entire territory has become a state; in others some part of

10476-524: The states. The Tenth Amendment reserves all other powers to the states, or to the people. Powers of the U.S. Congress are enumerated in Article I, Section 8 , for example, the power to declare war. Making treaties is one power forbidden to the states, being listed among other such powers in Article I, Section 10 . Among the Article I enumerated powers of Congress is the power to regulate commerce. Since

10584-414: The supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. States' rights are understood mainly with reference to the Tenth Amendment . The Constitution delegates some powers to the national government, and it forbids some powers to

10692-596: The surrounding metropolitan area are divided between the Southern District of New York (which includes Manhattan , The Bronx and Westchester County ) and the Eastern District of New York (which includes Brooklyn , Queens , Staten Island , Nassau County and Suffolk County ). New York suburbs in Connecticut and New Jersey are covered by the District of Connecticut and District of New Jersey , respectively. The Southern District of New York and

10800-467: The total number of judges across all state courts is about 30,000—for comparison, 1 million new cases are filed each year in federal courts, which have about 1,700 judges. Most states base their legal system on English common law (with substantial statutory changes and incorporation of certain civil law innovations), with the notable exception of Louisiana, a former French colony , which draws large parts of its legal system from French civil law . Only

10908-628: The trial court is called the Supreme Court ; appeals go up first to the Supreme Court's Appellate Division , and from there to its highest court, the New York Court of Appeals . State court systems exercise broad, plenary, and general jurisdiction, in contrast to the federal courts, which are courts of limited jurisdiction. The overwhelming majority of criminal and civil cases in the United States are heard in state courts. Each year, roughly 30 million new cases are filed in state courts and

11016-436: The use of an enabling act is a traditional historic practice, a number of territories have drafted constitutions for submission to Congress absent an enabling act and were subsequently admitted. Upon acceptance of that constitution and meeting any additional congressional stipulations, Congress has always admitted that territory as a state. In addition to the original 13, six subsequent states were never an organized territory of

11124-413: The work of the court. The clerk of each district court must reside in the district for which the clerk is appointed, except that the clerk of the District of Columbia and the clerk of the Southern District of New York may reside within twenty miles of their respective districts. The Judiciary Act of 1789 authorized the Supreme Court and the judge of each U.S. District Court to appoint a clerk to assist with

11232-530: Was also delayed over slavery and was settled when it agreed to adopt a gradual abolition plan. Puerto Rico , an unincorporated U.S. territory , refers to itself as the " Commonwealth of Puerto Rico" in the English version of its constitution , and as "Estado Libre Asociado" (literally, Associated Free State) in the Spanish version. As with all U.S. territories, its residents do not have full representation in

11340-425: Was designed to give Eastern states that still had Western land claims (including Georgia, North Carolina, and Virginia), to have a veto over whether their western counties could become states, and has served this same function since, whenever a proposal to partition an existing state or states in order that a region within might either join another state or to create a new state has come before Congress. Most of

11448-468: Was extinguished by merging it with other district courts. In every case except one, this has restored a district court that had been subdivided: There are a few additional extinct district courts that fall into neither of the above two patterns. Trial court In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called findings of fact are made based on

11556-639: Was held on November 6, 2012. Sixty one percent (61%) of voters chose the statehood option, while one third of the ballots were submitted blank. On December 11, 2012, the Legislative Assembly of Puerto Rico enacted a concurrent resolution requesting the President and the Congress of the United States to respond to the referendum of the people of Puerto Rico, held on November 6, 2012, to end its current form of territorial status and to begin

11664-481: Was not admitted to the Union until 1837, due to a boundary dispute with the adjoining state of Ohio. The Republic of Texas requested annexation to the United States in 1837, but fears about potential conflict with Mexico delayed the admission of Texas for nine years. Statehood for Kansas Territory was held up for several years (1854–61) due to a series of internal violent conflicts involving anti-slavery and pro-slavery factions. West Virginia's bid for statehood

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