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Constitutional Authority for State Courts

Cite this article as: Jason Mance Gordon, "Constitutional Authority for State Courts," in The Business Professor, updated January 3, 2015, last accessed March 29, 2020, https://thebusinessprofessor.com/knowledge-base/constitutional-authority-for-state-courts/.

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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 constitutions 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.

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?

Discussion Input

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.

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