Constitutional Authority for State Courts
What Allows States to have a judiciary?
Written by Jason Gordon
Updated at November 19th, 2020
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Constitutional Authority for 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.
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Discussion: 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.