Which court system is responsible for interpreting laws and determining their constitutionality?

Answer 1

Any state or federal court with jurisdiction over a case questioning the constitutionality of a law may declare a law unconstitutional; however, the Article III (constitutional) federal courts that comprise the Judicial Branch are most likely to try or review such cases.

Constitutional challenges may be appealed all the way to the US Supreme Court, provided the question has been preserved (raised at the trial level and at each appellate step thereafter). The most typical sequence in the federal courts is:

• US District Court (trial)
• US Court of Appeals Circuit Court (intermediate appellate)
• Supreme Court of the United States (final appellate)

Because the volume of cases petitioned to the Supreme Court each year is so high, most issues are resolved at the US District Court or Circuit Court level.

Answer 2

Article III (constitutional) federal courts, which comprise the Judicial Branch of the US government, handle criminal and civil cases of general jurisdiction. Punishment (sentencing) is the trial courts' responsibility.

• US District Court (trial court)
• US Court of Appeals Circuit Courts (intermediate appellate court)
• Supreme Court of the United States (final appellate court)

Other federal courts outside the Judicial Branch have special subject matter jurisdiction over cases that may involve interpreting law and punishing lawbreakers (e.g., US Tax Court, military tribunals), as well.

Answer 3

Judical review