Constitutional Authority for State Courts - Explained
What Allows States to have a judiciary?
Written by Jason Gordon
Updated at September 23rd, 2021
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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
Related Concepts
- 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 are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
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.