That dreaded jury summons is your invitation to participate in democracy.

By
Learn more about Alexis Yelvington.
Alexis Yelvington
Program Manager, Opportunity
George W. Bush Institute
Napa, California / USA - March 8, 2019: Closeup of open jury duty summons envelope, hand holding letter with white background, California juror receiving notice.

It happened. The jury summons arrived in the mail. Now you have to coordinate with your office, get to the courthouse, sit in a fluorescently lit room full of strangers, and answer questions from lawyers. By the end of the day, you may be selected to serve on a jury.

It can feel like a hassle, but it is one of the clearest examples of citizenship in action.

Article III of the Constitution establishes the judicial branch of government, including the Supreme Court of the United States and the system of lower federal courts. There are also state, county, and municipal courts that handle laws in those jurisdictions. These courts do a lot. They resolve disputes, they hear criminal cases and determine guilt or innocence, and they evaluate if laws are consistent with the Constitution.

Our judicial system holds individuals and institutions accountable to the rules we have agreed to live by together. In doing so, the courts play a central role in maintaining checks and balances and upholding the rule of law.

Before you walk into a courtroom, whether as a juror, witness, or party to a dispute, it’s worth understanding the courts’ role in ensuring those promises.

The Constitution guarantees that no person shall be “deprived of life, liberty, or property without due process of law.” This promise is foundational to our democracy. It ensures that before the government takes something from you – your freedom, your property, even your life – it must follow a fair process.  And the Constitution spells out specific requirements for that process. Things like notice, speedy and fair trial, the right to an attorney in criminal cases, the opportunity to confront witnesses, and the judgment of an impartial jury. Our judicial system exists to ensure those rights are honored.

The judicial branch serves another essential role: providing a peaceful, neutral forum to resolve disputes. For example, when a neighbor disputes a property line, a contractor fails to complete a job, or a business partnership falls apart. When people cannot resolve conflicts like these on their own, the courts offer a structured way to settle them.

In a democracy, disputes cannot be settled by whoever has the most money, loudest voice, or greatest power. Our judicial system exists to ensure that disagreements are heard fairly and resolved according to laws that apply equally to everyone.

In a nation of 340 million people, disputes are inevitable.  Each year, more than 400,000 cases are filed in federal district courts alone. The Founders understood that challenge and granted Congress the power to create “inferior courts” as needed. Over time, Congress built the federal judiciary into the three-tiered system that exists today.

At the bottom are the district courts. This is usually where a case begins and what probably comes to mind when you picture a courtroom procedural show. District courts hear evidence, evaluate testimony, and determine the facts of a case.

The next step up is the appellate courts. They review the lower courts’ decisions and determine whether it correctly applied the law, followed the rules it was supposed to, and whether any mistake affected the outcome of the case. In the event of such an error, the appellate court may send the case back to the lower court to remedy the problem.

The Supreme Court is at the top of the pyramid; it is the highest court in the country. It reviews a small number of cases each year, typically those involving a major constitutional question or disagreement about how federal law should be interpreted.

When higher courts interpret the law, lower courts are required to follow their analysis in similar cases. This creates consistency across the legal system and helps to ensure that the law is applied fairly and predictably nationwide.

State courts follow a similar three-tier pattern: trial courts, intermediate appellate courts, and a state supreme court, though the names may differ from state to state. Consistent with our federalist system, the vast majority of legal disputes, from divorces to criminal charges, are handled within the state court systems. Together, state and federal courts form a judicial system designed to uphold constitutional principles, resolve disputes peacefully, and ensure accountability.

Most legal disputes in America are resolved by lower courts. It’s important to remember that when that a jury summons arrives in the mail, it is more than a bureaucratic inconvenience. It is an invitation to participate directly in our democracy. It’s an opportunity to help ensure that justice is administered fairly, that constitutional rights are protected, and that the rule of law remains strong.

Democracy is a verb.