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Funded by a grant from the State Justice Institute (SJI), the States Courts’ Role in Federal Policy project seeks to understand the extent and nature of federal responsibilities shouldered by state judiciaries.
18 Ιουλ 2023 · SUMMARY Federal and State Courts: Structure and Interaction In the United States, the federal government and the states each have their own set of laws and their own court systems. Federal and state courts vary in structure, with significant differences between the federal and state judiciaries as well as variation among the different states ...
2 Οκτ 2012 · State courts are the final arbiters of state laws and constitutions, unless there is contention that the state statute or constitution conflicts with the United States
State courts hear disputes regarding state statutes, the state constitution, and issues governed by common law. The United States still operates from the original Constitution, though twenty-seven amendments
The delegates to the Constitutional Convention agreed early on that the new Constitution should establish a federal Judicial Branch including a Supreme Court; however, they debated other questions about how to balance federal and state judicial power.
Urging greater balance between state and federal courts in protecting individual rights, Judge Sutton treats state constitutionalism as a mechanism for channeling constitutional debate in a diverse democracy and mitigating the risks of winner-take-all decision-making by the U.S. Supreme Court.
But there are other features of judicial independence that are perhaps less front and center. The separation of powers, whereby the judicial power is made distinct from the legislature and the executive power, is itself a means of securing the independence of the judicial branch.
