0
State courts have always had their own authority. In colonial times, each separate colony maintained its own government and tended to its own business legislatively and judicially. Thus, states already had judicial authority. There ws no federal government to superced state government in areas of federal concern as there is today. Before the US Constitution was created, the new United States operated under the Articles of Confederation. Under the Articles, states retained all of their original autonomy and authority especially with regard to judicial matters relating to their own legal matters. The US Constitution created a federal government that has only certain specific and limited powers that affected the states as a single country rather than as a group of individual state governments. The federal government's authority superseded state authority in those national areas but left state authority that did not conflict with the federal authority intact. Judicial matters that arose only under state law were left to the state courts to handle. In order to enforce federal law in a consistent manner from one state to another, the Constitution created federal judicial authority but it was only over federal matters such as issues that arose under federal law. These are referred to as "federal questions." Therefore, the Constitution simply allowed the states to retain their already existing judicial authority. This was accomplished in the Constitution in Article III, which created the federal judiciary and gave it authority over federal questions. The Tenth Amendment stated that all powers not given to the federal government were retained by the states. Since the Constitution did not take away state court authority over internal matters, state courts retained that authority.
Wiki User
∙ 15y ago
Wiki User
∙ 14y agoThe US Supreme Court, as head of a co-equal branch (Judicial) of the federal government, gets its authority from the Constitution.
Lower courts' authority and jurisdiction is dictated by the Legislative branch, or Congress (the House of Representatives and the Senate); however, they are also required to uphold federal and constitutional law.
Some of the Article III courts' authority arises from precedents set by the Supreme Court, under the doctrine of stare decisis. Court procedural rules are also dictated by the Supreme Court, and have the force of law.
Wiki User
∙ 13y agoThe Supreme Court's authority derives both directly and indirectly from Article III, Sections 1 and 2 of the US Constitution and from Congressional legislation. Title 28 of the U.S. Code establishes its jurisdiction.
Add your answer:
Earn +20 pts
Who has the authority to set up courts?
Congress has the authority to establish federal courts; state legislative bodies establish state courts.
What authority does the supreme court over states?
The authority to overrule state courts.
What courts have the authority to terminate parental rights?
State family court have the authority to terminate parental rights.
According to the Judiciary Act of 1789, which of the following has the authority to review and overrule the decisions made by state courts?
federal courts
Does the US President have direct authority over federal courts and state courts?
No. The federal courts are part of the Judicial branch of government, which is co-equal to, and independent from, the Executive branch (the US President). The President has no authority over federal courts, except for having the power to nominate federal judges and US Supreme Court justices when vacancies arise during his term of office.The President has no authority whatsoever over state courts.
What do the Federal Courts have legal authority over?
Federal courts have jurisdiction over all bankruptcy matters, which the Congress has determined should be addressed in federal courts rather than state courts.
Federal courts have the legal authority over what?
Federal courts have jurisdiction over all bankruptcy matters, which the Congress has determined should be addressed in federal courts rather than state courts.
What do federal courts have legal authority over?
Federal courts have jurisdiction over all bankruptcy matters, which the Congress has determined should be addressed in federal courts rather than state courts.
What is the act that created a court system and divided authority between the state and federal courts is called?
The act that created a court system and divided authority between the state and federal courts is called the Judiciary Act of 1789.
Which court hears cases over which state and federal courts have concurrent jurisdiction?
Yes. When both state and federal courts have authority to hear the same case, it's called concurrent jurisdiction.
When state and federal courts share authority to hear a case is called?
Concurrent jurisdiction
What authority does the supreme court have over states?
The supreme court is the court of last resort in the federal legal system and federal courts can overrule state courts. The Supreme Courts also settles disputes between states,such as the location of state borders .
