NCJ Number
107723
Journal
Judicature Volume: 71 Issue: 2 Dated: (August-September 1987) Pages: 88-99
Date Published
1987
Length
12 pages
Annotation
The idea of federalism has a long and complex history in the United States and jurists and commentators have long grappled with its application to the State and Federal court systems.
Abstract
Although the Constitution explicitly makes the Federal Government supreme, the idea that the States remain in some sense sovereign or autonomous has retained its vitality throughout the country's history. Following the ratification of the Federal Bill of Rights, the U.S. Supreme Court confined its application to national governmental action, thus avoiding a challenge to States' bills of rights. However, the 14th amendment dramatically extended the scope of the Federal Bill of Rights and altered the relationship between the State and Federal Court systems. The tension between the two systems was addressed in the U.S. Supreme Court decision in Michigan v. Long, which held that States may develop an independent body of civil liberties law to the exclusion of Federal law and may apply it so long as no federally guaranteed rights are abridged. However, it also reminded the States that when they act like Federal courts and interpret Federal rights, they are subject to review. 42 footnotes.