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2006-11-01 14:42:21 · 8 answers · asked by michael k 1 in Politics & Government Law & Ethics

8 answers

the supreme court

2006-11-01 14:45:36 · answer #1 · answered by msdeville96 5 · 0 1

That depends, because most of the time there are two constitutions--the state constitution and the federal constitution. Oftentimes, state constitutions may provide MORE rights than the federal constitution (see, for example, the New Jersey Supreme Court's decision related to gay spousal benefits). When that happens, and if there are "adequate and independent state grounds" for the decision, the STATE supreme court is the ultimate arbiter of whether a particular STATE act is constitutional.

In addition, most states allow you to bring federal claims in state court (the other side can "remove" the federal claim to federal court in certain circumstances). Thus, you may have state judges determining what the federal constitution says as applied to a set of facts.

Often, though, constitutional challenges are brought in federal court. So federal judges (federal district court, court of appeals, and supreme court) decide. But they can ONLY decide what is constitutional or unconsitutional as related to the U.S. Constitution. As I mentioned above, sometimes there's a better chance that a state court may want to give MORE individual rights and will interpret the state constitution more strictly (A state court cannot interpret its constitution to provide fewer rights than the federal constitution, though, because the federal constitution is a sort of minimum benchmark because of the Supremacy Clause).

2006-11-01 22:49:29 · answer #2 · answered by Perdendosi 7 · 2 0

It depends on which constitution you are refering to. State courts decide constitutional issues regarding the constitution of the individual state. If it is a federal constitutional issue the federal courts have the final say.

2006-11-01 22:48:38 · answer #3 · answered by Anonymous · 2 0

in most cases, state courts. in other cases involving the us constitution, federal didtrict, then appellate, finally the us supreme court if it decides to hear it, which is rarely due to the thousands of cases each year, wh9ile only about a hundred thirty cases are granted a hearing before the supreme court in any given year. if the supreme court decides not to hear a case, the appelate court ruling is the ruling which stands. most are heards by a three-judge panel, but sometimes the entire appellate court may re-hear a case. each appelate court is responsible for the federal courts in several states and hears appeals from those courts. when there are differing opinions on same, or similar cases, they may go before the supreme court for a final ruling.

2006-11-01 22:51:22 · answer #4 · answered by de bossy one 6 · 0 1

More and more, the federal government. First the circuit courts and then the supreme court. Judicial activism has its downsides . . .

2006-11-01 22:53:40 · answer #5 · answered by szydkids 5 · 0 1

Federal judges.

2006-11-01 22:44:13 · answer #6 · answered by yupchagee 7 · 0 1

Depends on the issue.

2006-11-01 22:45:12 · answer #7 · answered by strangedaze23 3 · 0 1

Me and my friends!

2006-11-01 22:45:43 · answer #8 · answered by Anonymous · 1 2

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