Constitutional Authority for State Courts - Explained
What Allows States to have a judiciary?
Written by Jason Gordon
Updated at April 2nd, 2023
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Does the Constitution Allow for the State Court System?
The US Constitution, pursuant to the 10th Amendment, provides for both federal and state governments. While the US Constitution provides the authority for federal courts, a state's constitution provides the authority for state courts. Generally, state constitutions follow a model that is very similar to that of the US Constitution and allow for judicial, legislative, and administrative courts.
Next Article: Authority for Article III Courts Back to: US COURT SYSTEM
Discussion Question
Why do you think state constitutions follow a structure that closely resembles that of the US Constitution? Is there any requirement for state judiciaries to function similarly to federal courts?
- This is to harmonize the structure of the government to resemble that of the Federal government. With the provisions made under the 10th Amendment for state governments, it can be assumed that there was an intention to have a similar structure for state government.
Related Topics
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What are the duties of trial judges in the legal system?
- Contempt of Court
- Declaratory Judgment
- Equitable Relief
- Equity - Definition
- What are the duties of Appellate Judges & Justices?
- De Novo Review
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?