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Questions of constitutionality are typically addressed by appellate courts if a defendant loses at trial in US District Court and raises the issue of a law or laws relevant to his or her case being unconstitutional (which, if successful, could cause the verdict to be overturned).

Federal courts may declare state laws unconstitutional under the US Constitution, but do not have jurisdiction over individual state constitutions. If a US Court of Appeals Circuit Court, which is the intermediate appellate step between US District Court and the Supreme Court, makes such determination, the state would probably petition the US Supreme Court for a writ of certiorari.

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14y ago
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10y ago

Yes, if the Court otherwise has jurisdiction to hear the case.

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Q: Can the judiciary branch of state government overturn federal laws?
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