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6.4 Judicial Federalism and State-Federal Court Interactions

3 min readjuly 22, 2024

The U.S. legal system is split between federal and , each with their own powers and responsibilities. This division, known as , creates a complex web of jurisdictions and interactions between the two court systems.

handle cases involving federal law, while state courts deal with state laws and most criminal matters. Sometimes both can hear the same case. When conflicts arise, federal law usually trumps state law, but state courts can offer stronger protections for individual rights.

Judicial Federalism and State-Federal Court Interactions

Concept of judicial federalism

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  • Involves the division of judicial power and responsibility between state and federal court systems in the United States
  • Originates from the U.S. Constitution's establishment of a federal judiciary and its recognition of the existence and authority of state courts
  • Federal courts, created under Article III of the U.S. Constitution, have jurisdiction over cases involving federal laws, the Constitution, and disputes between states or citizens of different states ()
  • State courts, established by individual state constitutions, maintain jurisdiction over cases involving state laws and the majority of criminal and civil matters
  • applies when certain cases can only be heard in either state or federal courts
    • Federal courts have exclusive jurisdiction over bankruptcy cases, patent litigation, and admiralty law (maritime disputes)
    • State courts have exclusive jurisdiction over family law matters (divorce, child custody) and probate cases (wills and estates)

Doctrine of concurrent jurisdiction

  • allows both state and federal courts to have the authority to hear and decide certain types of cases
  • Arises when a case involves a combination of state and federal law or when the parties involved are from different states (diversity jurisdiction)
  • Federal courts can hear cases between citizens of different states if the amount in controversy exceeds $75,000, a provision designed to prevent bias against out-of-state litigants in state courts
  • enables federal courts to hear cases that arise under the U.S. Constitution, federal laws, or treaties, with plaintiffs having the choice to file in either state or federal court when a case involves both state and federal claims
  • Defendants can move a case from state to federal court through removal if the federal court would have had original jurisdiction over the matter, but this must be done within a limited time frame after the case is initially filed in state court

Federal decisions vs state courts

  • The , found in Article VI, Clause 2 of the U.S. Constitution, establishes that federal law and the Constitution take precedence over state laws and constitutions, requiring state judges to follow federal law when conflicts arise
  • occurs when federal law supersedes and invalidates conflicting state laws, either expressly (stated in a federal statute) or implicitly (inferred from the comprehensive nature of a federal regulation)
    • : Federal law occupies an entire field, leaving no room for state regulation (immigration, national security)
    • : State law directly conflicts with federal law, making compliance with both impossible (state law requiring lower minimum wage than federal law)
  • State courts must interpret and apply federal law and Supreme Court precedents, and cannot enforce state laws that have been preempted by federal law

State courts for individual rights

  • State constitutions can provide greater protections for individual rights than the federal Constitution, such as the right to privacy, right to education, and more expansive free speech protections
  • refers to the trend of state courts interpreting their own constitutions to provide broader rights than those recognized by the U.S. Supreme Court, which emerged in the 1970s as the Supreme Court became more conservative
  • The holds that when a state court decision rests on state law grounds that are independent of federal law and adequate to support the judgment, the U.S. Supreme Court will not review the decision, allowing state courts to protect individual rights based on state constitutions without fear of federal reversal
  • Examples of state court decisions protecting individual rights:
    • The struck down a state law requiring parental consent for minors seeking abortions, based on the state constitution's right to privacy
    • The held that the state constitution required the government to provide a thorough and efficient education to all children, leading to increased funding for low-income school districts
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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.

© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
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