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In the U.S., each U.S. State has a State Supreme Court, and for the United States as a whole, the highest Court is the Supreme Court of the United States. The Supreme Court of the United States can, by the U.S. Constitution, review any case or controversy, typically as to Constitutional issues, to settle uncertainties as to the law and further define the legal meaning of the U.S. Constitution.
However, the Court does usually defer to State Supreme Court decisions having adequate and independent State grounds. A State Supreme Court has to explicitly specify in a ruling it hands down that the ruling is based on adequate and independent State grounds, according to what in law constitutes adequate and independent State grounds. For instance, a State Constitutional ruling interpreting eminent domain law can be broader than the support set forth in Amendment V of the U.S. Constitution, but not narrower.
The State Supreme Courts don't just get to say "our decision is final and cannot be appealed for writ of certiorari to the Supreme Court of the United States because we say so." That is, adequate and independent State grounds do not exist where inconsistent with the U.S. Constitution and the Court's interpretation of it. Where State Constitutions mirror the U.S. Constitution, the State Constitution provisions cannot be interpreted more narrowly than how the U.S. Constitution provisions are interpreted, and then "justified" as having been done on "adequate and independent State grounds". Other State Constitutional provisions that are unconstitutional by the U.S. Constitution also will be struck down when brought to the Court as a constitutional "case or controversy". This derives from the theory of dual sovereigns in American federalism.
The Court's authority for this derives from U.S. Const., Art VI, Cl. 2:
"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."
What else can I help you with?
How was the supreme court related to federalism?
It is the highest Federal court in the land.
Federalism under marshall court?
Federalism had a strong-hold under Marshall Court. John Marshall, a Federalist, was the 4th Chief Justice of the Supreme Court.
Why is the supreme court called the umpire in federal system?
because federalism divides the powers of government, conflicts frequently arise between national and state governments. by settling such disputes, the federal court system,particulary the supreme court, plays a key role as an umpire for our federal system.
How was the Supreme Court helped define the balance of power under federalism?
i dont knoww
Under whose leadership did the Supreme Court usher in the notion of duel federalism?
Roger Tany
What makes federalism uniquely American?
Federalism in America allows for the Supreme Court which is the highest authority in the union to have final decision matters over individual states.
How does federalism apply to US Courts?
It puts the federal court as more important than the other courts, other than the supreme court.
What the senate?
The supreme court is the highest federal court and has the final say. Their role of the supreme court is to interpret the constitution
What principle is involved in the us congress passing a law requiring the supreme court sessions to be televised?
federalism. lol ;-)
What Supreme Court case established Federalism?
Gibbons v Ogden
What is the role of the Canada supreme court?
The Supreme Court of Canada is the highest court in the country. It hears appeals fro the provincial Courts of Appeal
Since the 1980s there has been a resurgence in support for the notion of dual federalism Which institutions have been most influential in driving this resurgence?
supreme court
