The judicial branch interprets laws and determines if a law is unconstitutional. The judicial branch includes the U.S. Supreme Court and lower federal courts.

The factor that the Supreme Court generally consider especially important when deciding which cases to review is whether the lower court ruling in the case conflicts with an earlier supreme court ruling.

Faced with a court ruling that overturns one of its laws, Congress may rewrite the law or even begin a constitutional amendment process. But the most significant check on the Supreme Court is executive and legislative leverage over the implementation and enforcement of its rulings.

In many jurisdictions, the supreme court or constitutional court is the final legal arbiter that renders an opinion on whether a law or an action of a government official is constitutional. Most constitutions define the powers of government. Thus, national constitutions typically apply only to government actions.

After the Amendment’s passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.

A decision of the U.S. Supreme Court, a federal court, is binding on state courts when it decides an issue of federal law, such as Constitutional interpretation. authority on the state law issue—that is, decisions from all federal courts, other states’ state courts, and other state trial courts in the same state.

Primary tabs. See Preemption; constitutional clauses. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.