Guide to Foreign and International Legal Citations - New York ...

212
UNITED STATES OF AMERICA
I. COUNTRY PROFILE (Common Law)
The United Stats is a federal republic comprised of fifty States and the District of
Columbia. Each state is subdivided into local governmental units. The District of Columbia,
which is not a State, is a special self-governing district with its own courts and is also subject to
the jurisdiction of federal courts. Although the vast majority of its citizens speak English, the
United States does not have an official language. The United States’ legal system is based on the
common law tradition.
The Constitution, which entered into force on March 4, 1789, establishes the form of
government. Constitutional amendments may be proposed by a two-thirds vote of both Houses
of Congress or by a majority vote of two-thirds of the state legislatures. The amendment must be
ratified either by majority vote in three-quarters of the state legislatures or by constitutional
conventions in three-quarters of the states. Each proposed amendment must specify the method
of ratification.
Executive power is vested in the President, who is both head of state and the head of the
Government. The President is elected by a college of representatives to a four-year term, which
is renewable once. Members of the college of representatives are elected directly by the people
of each state; traditionally, they vote for the candidate who wins a majority of the votes in their
state. Members of the Cabinet are appointed by the President with the approval of the Senate.
Legislative power is vested in the bicameral Congress, which is comprised of the House
of Representatives and the Senate. The 435 Members of the House of Representatives represent
districts within each State. The number of districts in a State is based on the State’s population.
Members are directly elected by the people in each district to two-year terms. The Senate
consists of two Members from each State. Members are directly elected by the people of each
State to six-year terms. One-third of the Members of the Senate stand for election every two
years. Legislation may be introduced in either chamber of Congress by a Member of that
Chamber. Legislation must be passed by majority vote in each chamber and must be signed into
law by the President. Congress may override a presidential veto by a two-thirds majority vote of
both chambers.
Federal judicial power is vested in the federal courts. Federal judges are nominated by
the President and confirmed by the Senate for life terms. The trial courts of first instance are
called District Courts. Each state includes one or more federal districts. The first level courts of
appeal are the eleven Circuit Courts of Appeals. Additionally there is a District of Columbia
Circuit Court and a Federal Circuit Court, the latter of which has jurisdiction over only specific
claims based in federal law. Decisions of the circuit courts are binding precedent within their
circuit, though not within other circuits. The Supreme Court is the highest court of appeal and its
precedents bind all lower and state courts. It consists of nine Justices, including the Chief Justice.
The Supreme Court reviews decisions of District Courts, Courts of Appeals, and highest state
courts upon application and at its own discretion.
Each state has its own executive branch, legislature, and court system. Powers not
granted to the federal government by the Constitution remain with the States, although state and
federal powers often overlap.